Volume 9 - Waivers and Other Forms of Relief (2024)

8 CFR 212.7 - Waiver of certain grounds of inadmissibility

INA 204(l) -Surviving relative consideration for certain petitions and applications

INA 207, 8 CFR 207 - Annual admission of refugees and admission of emergency situation refugees

INA 209(c), 8 CFR 209.1(f)- Adjustment of status for refugees and asylees- waiver of inadmissibility

INA 209, 8 CFR 209 - Adjustment of status of refugees and asylees

INA 210(c)(2)(B)(i) - Waiver of grounds of inadmissibility for special agricultural workers

INA 211, 8 CFR 211 - Admission of immigrants into the United States

INA 212(a)(6)(C)(i)- Illegal entrants and immigration violators - misrepresentation

INA 212(d)(13) - Waiver of grounds of inadmissibility for T nonimmigrants

INA 212(d)(3) - Nonimmigrant waiver of inadmissibility

INA 212(g) - Bond and conditions for admission of alien excludable on health-related grounds

INA 212(h)(1)(B) - Waiver for certain criminal and related grounds

INA 212(i) - Admission of immigrant excludable for fraud or willful misrepresentation of material fact

INA 244(c)(2), 8 CFR 244.3- Temporary protected status - applicability and waiver of grounds of inadmissibility

INA 245,8 CFR 245- Adjustment of status of nonimmigrant to that of person admitted for permanent residence

INA 245A(d)(2)(B)(i) - Waiver of grounds of inadmissibility for certain adjustment of status entrants before January 1, 1982

INA 245A, 8 CFR 245a - Adjustment of status of certain entrants before January 1, 1982 to that of person admitted for lawful residence

POLICY ALERT - T Nonimmigrant Status for Victims of Severe Forms of Trafficking in Persons

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the adjudication of applications for T nonimmigrant status for victims of severe forms of trafficking in persons.

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Affected Sections

Technical Update - Implementation of COVID-19 Vaccination Requirement for Immigration Medical Examination

This technical update incorporates the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced September 14, 2021, regarding health-related grounds of inadmissibility in accordance with recently updated requirements issued by the Centers for Disease Control and Prevention (CDC). The updated guidance requires applicants subject to the immigration medical examination to submit COVID-19 vaccination records before completion of immigration medical examinations conducted in the United States and overseas. This guidance became effective October 1, 2021.

Affected Sections

POLICY ALERT - COVID-19 Vaccination Requirement for Immigration Medical Examination

U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding health-related grounds of inadmissibility in accordance with recently updated requirements issued by the Centers for Disease Control and Prevention (CDC). The updated guidance requires applicants subject to the immigration medical examination to submit COVID-19 vaccination records before completion of immigration medical examinations conducted in the United States and overseas. This guidance becomes effective October 1, 2021.

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Affected Sections

Technical Update - Replacing the Term “Alien”

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 316.97 KB)between the AFM and the Policy Manual.

Affected Sections

Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

Technical Update - Communicating with Centers for Disease Control and Prevention

This technical update removes references to sending documents to the Centers for Disease Control and Prevention (CDC) by mail or fax. CDC now prefers all requests for waiver consultations and any subsequent notifications from USCIS to be communicated by email.

Affected Sections

POLICY ALERT - Waiver Policies and Procedures

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to address the general policies and procedures applicable to the adjudication of waivers of inadmissibility.

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Affected Sections

POLICY ALERT - Determining Extreme Hardship

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidanceon determinations of extreme hardship to qualifying relatives as required by certain statutory waiver provisions. This guidance becomes effective December 5, 2016.

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Affected Sections

POLICY ALERT - Fraud and Willful Misrepresentation Grounds of Inadmissibility

U.S. Citizenship and Immigration Services (USCIS) is issuing guidance on the fraud and willful misrepresentation grounds of inadmissibility under INA 212(a)(6)(C)(i) and the corresponding waiver under INA 212(i).

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Affected Sections

POLICY ALERT - Health-Related Grounds of Inadmissibility and Waivers

U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual on the health-related grounds of inadmissibility under INA 212(a)(1) and corresponding waivers under INA 212(g).

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Affected Sections