9 FAM 302.12
(U) Ineligibility based on other activities - INA
212(a)(10)
(CT:VISA-796; 05-16-2019)
(Office of Origin: CA/VO/L/R)
9 FAM 302.12-1 (U) Statutory and
Regulatory Authority
9 FAM 302.12-1(A) (U)
Immigration and Nationality Act
(CT:VISA-272; 12-20-2016)
(U) INA 203(c)(2) (8 U.S.C.
1153(c)(2)); INA 212(a)(10)(A) (8 U.S.C. 1182(a)(10)(A)); INA 212(a)(10)(B) (8
U.S.C. 1182(a)(10)(B)); INA 212(a)(10)(C) (8 U.S.C. 1182(a)(10)(C)); INA
212(a)(10)(D) (8 U.S.C. 1182(a)(10)(D)); INA 212(a)(10)(E)); INA 212(d)(3)(A)
(8 U.S.C. 1182(d)(3)(A)); INA 214(i) (8 U.S.C. 1184(i)); INA 214(l) (8 U.S.C.
1184 (l)); INA 237(a)(6) (8 U.S.C. 1227(a)(6)).
9 FAM 302.12-1(B) (U) Code of
Federal Regulations
(CT:VISA-272; 12-20-2016)
(U) 22 CFR 40.101; 22 CFR 40.102;
22 CFR 40.103; 22 CFR 40.104; 22 CFR 40.105 8 CFR 208.20.
9 FAM 302.12-2 (U) PRACTICING
POLYGAMISTS - INA 212(a)(10)(A)
9 FAM 302.12-2(A) (U) Grounds
(CT:VISA-272; 12-20-2016)
(U) INA 212(a)(10)(A) provides
that an immigrant visa applicant who is coming to the United States to practice
polygamy is ineligible for a visa.
9 FAM 302.12-2(B) (U)
Application
9 FAM 302.12-2(B)(1) (U)
Polygamy Defined
(CT:VISA-303; 03-16-2017)
(U) Polygamy is the historical
custom or religious practice of having more than one wife or husband at the
same time. It is also called plural marriage. It is distinguished from bigamy
which is a criminal act resulting from having more than one spouse at a time
without benefit of a prior divorce. A conviction for or an admission of
bigamy might preclude issuance under INA 212(a)(2)(A)(i)(I) (crime involving
moral turpitude). (See generally, Matter of G-, 6 IN Dec. 9 (B.I.A 1953.)
9 FAM 302.12-2(B)(2) (U)
Reserved
(CT:VISA-796; 05-16-2019)
(U) Reserved.
9 FAM 302.12-2(B)(3) (U)
Distinguishing Current Practice from Advocacy, Belief, or Past Practice
(CT:VISA-303; 03-16-2017)
(U) In order for ineligibility to
result, the alien must intend to actually practice polygamy in the United
States. The alien's mere advocacy of or belief in the practice, or the fact
that the alien at one time in the past may actually have practiced polygamy,
would not be sufficient to render a finding of inadmissibility. To sustain an
inadmissibility, an officer would have to find the applicant will maintain a
married relationship with more than one spouse while in the United States. If
one spouse is traveling with the alien while the other spouse remains overseas,
the alien can only be found ineligible, if the officer believes the alien will
continue a relationship with the left-behind spouse - for example visiting the
spouse, providing financial support, keeping in phone contact. If an alien is
legally married to a second spouse, but maintains no active relationship with
that spouse, then that would not be practicing polygamy and would not sustain
an ineligibility.
9 FAM 302.12-2(B)(4) (U)
Aliens Coming to the United States to Practice Polygamy
(CT:VISA-272; 12-20-2016)
(U) We interpret the phrase
"...coming to the United States to practice polygamy..." to mean that
an alien who intends to practice polygamy when he or she enters the United
States in any immigrant category is ineligible, not that the alien necessarily
must be coming to the United States in a spousal category. Thus, an immigrant
who seeks an immigrant visa based upon his or her employment in the United
States and who intends to practice polygamy upon entry is inadmissible.
9 FAM 302.12-2(B)(5) (U)
Inapplicable to Nonimmigrants
(CT:VISA-527; 03-20-2018)
(U) INA 212(a)(10)(A) is not
applicable to nonimmigrants. However, those visa categories which confer
derivative status for the spouse of a principal alien do not allow for issuance
of derivative visas to multiple spouses. Only the first spouse from the first
legally valid marriage may qualify for a derivative visa. You may, however,
use discretion in issuing the additional spouse(s) a B-2 visa, if otherwise
eligible and qualified.
9 FAM 302.12-2(C) (U) Advisory
Opinions
(CT:VISA-272; 12-20-2016)
(U) An AO is not required for a
potential INA 212(a)(10)(A) ineligibility; however, if you have a question
about the interpretation or application of law or regulation, you may request
an AO from CA/VO/L/A.
9 FAM 302.12-2(D) (U) Waiver
9 FAM 302.12-2(D)(1) (U)
Waivers for Immigrants
(CT:VISA-272; 12-20-2016)
(U) No waiver is available for
immigrant visa applicants ineligible under INA 212(a)(10)(A). INA 212(c)
relief is available for certain returning residents.
9 FAM 302.12-2(D)(2) (U)
Waivers for Nonimmigrants
(CT:VISA-272; 12-20-2016)
(U) INA 212(a)(10)(A) is not
applicable to nonimmigrants.
9 FAM 302.12-2(E) Unavailable
9 FAM 302.12-2(E)(1) Unavailable
(CT:VISA-272; 12-20-2016)
Unavailable
9 FAM 302.12-2(E)(2) Unavailable
(CT:VISA-272; 12-20-2016)
Unavailable
9 FAM 302.12-3 (U) Guardian
Required to Accompany a Helpless Alien - INA 212(a)(10)(B)
9 FAM 302.12-3(A) (U) Grounds
(CT:VISA-451; 09-26-2017)
(U) INA 212(a)(10)(B) provides
that an alien, accompanying another alien who is inadmissible and who is
certified to be helpless as a result from sickness, mental or physical
disability, or infancy pursuant to INA 232(c) is inadmissible.
9 FAM 302.12-3(B) (U)
Application
(CT:VISA-272; 12-20-2016)
(U) INA 212(a)(10)(B) applies at
the time an alien applies for admission to the United States and does not apply
at the time of the visa application.
9 FAM 302.12-3(C) (U) Advisory
Opinions
(CT:VISA-272; 12-20-2016)
(U) INA 212(a)(10)(B) does not
apply at the time of the visa application.
9 FAM 302.12-3(D) (U) Waiver
9 FAM 302.12-3(D)(1) (U)
Waivers for Immigrants
(CT:VISA-272; 12-20-2016)
(U) INA 212(a)(10)(B) is not
applicable at the time of visa application.
9 FAM 302.12-3(D)(2) (U)
Waivers for Nonimmigrants
(CT:VISA-272; 12-20-2016)
(U) INA 212(a)(10)(B) is not
applicable at the time of visa application.
9 FAM 302.12-3(E) Unavailable
9 FAM 302.12-3(E)(1) Unavailable
(CT:VISA-272; 12-20-2016)
Unavailable
9 FAM 302.12-3(E)(2) Unavailable
(CT:VISA-272; 12-20-2016)
Unavailable
9 FAM 302.12-4 (U) International
Child Abduction - INA 212(a)(10)(C)
9 FAM 302.12-4(A) (U) Grounds
(CT:VISA-527; 03-20-2018)
(U) INA 212(a)(10)(C) renders an
alien inadmissible so long as the alien withholds custody of a U.S. citizen
child outside of the United States from the individual granted custody of the
child by a U.S. court, and so long as the child remains a "child"
according to INA 101(b)(1) (i.e., unmarried and under 21 years of age). It
also renders ineligible those assisting or providing material support or safe
haven to the abductor. It also renders certain relatives and agents of the
alien inadmissible. There is an exception for aliens who take abducted children
to a country that is party to the Hague Convention on the Civil Aspects of
International Child Abduction (the Convention) because the Convention provides
a legal framework for the return of abducted children to the child's place of
habitual residence in order to resolve custody disputes.
9 FAM 302.12-4(B) (U)
Application
9 FAM 302.12-4(B)(1) (U)
Definitions
(CT:VISA-796; 05-16-2019)
a. (U) "Agent": An
agent is generally defined as a person authorized by another person to
represent or act for that person. Most cases of agent representation will be
based on a contractual relationship such as attorney client, but numerous other
possibilities exist. Such determinations should be made in consultation with CA/VO/L/A.
b. (U) " Alien": Alien
refers to any individual who is not a U.S. citizen or U.S. national. Alien
includes lawful permanent residents (LPRs).
c. (U) Assisted: Assisted
includes any action that enabled the abductor to detain or retain the child or
withhold custody. However, it does not include any assistance that was de
minimis, or that bore no nexus to actions that form the basis of an
ineligibility under INA 212(a)(10)(C)(i). For example, assistance that can
result in ineligibility under INA 212(a)(10)(C)(ii) may include, but is not
necessarily limited to: helping the abductor get re-established in the foreign
country; providing housing, financial support, or free child care; and/or
actively interfering with the custodial parent's efforts to enforce the U.S.
custody order.
d. (U) "Child Abduction": Child
Abduction is defined in the statute as detaining or retaining the child, or
withholding custody of the child, outside the United States after the entry of
a custody order by a court in the United States granting custody to a different
person. The alien need not be responsible for removing the child from the
United States to be found ineligible so long as the alien detains or retains
the child outside the United States. The fact that the child might express a
preference to reside with the alien is not a relevant consideration. Provided
the child continues to reside with the alien in violation of the custody order,
the alien will be considered to be detaining or retaining the child or
withholding custody of the child.
e. (U) "A Court Order Granting
Custody": A "court order granting custody" refers to any
order by a court in the United States granting custody. The order may be of a
temporary nature, providing no subsequent order by a court in the United States
has been entered and temporary order has not expired. In the event there are
conflicting custody orders, the custody order from the country to which the
child was abducted is irrelevant to the INA 212(a)(10)(C) finding. The 10(C)
finding is based on the order by a court in the United States, regardless of
whether that order was issued before or after the abduction. Custody may be
physical, legal, sole, or joint. Generally, 10(C) will not apply in
access-only cases, including those cases in which the child's alien parent had
the right to move overseas with the child or the right to designate the child's
primary residence.
f. (U) "A Court in the United
States": A "court in the United States" refers to any
federal, state, or local court having jurisdiction to grant a custody order.
g. (U) "Intentionally":
Intentionally means that the alien providing such assistance, material support
or safe haven did so, purposefully and knew or reasonably should have known
that such aid enabled an abductor to detain or retain a child or withhold
custody of the child in violation of an order by a court in the United States.
An alien cannot make himself or herself willfully blind to the abductor's bad
conduct, the childs custodial history, the childs parents relationship, how
the child came to live outside the United States, or other factors that would
lead a reasonable person to conclude that the child is being detained, retained
or withheld in violation of an order by a court in the United States. While the
applicant does not need to know definitively that there is a custody order, he
or she would need to know (or reasonably should have known) that there is an
ongoing dispute as to the custody of the child.
h. (U) "Material Support":
Material support includes, but is not limited to, an alien aiding an abductor
in the abduction itself by providing transportation, funds, false
documentation, or identification to, or aiding in the communication of, any
abductor.
9 FAM 302.12-4(B)(2) (U)
Elements for INA 212(a)(10)(C)(i)
(CT:VISA-272; 12-20-2016)
a. (U) An alien is ineligible
under INA 212(a)(10)(C)(i) if:
(1) (U) The child is a U.S.
citizen;
(2) (U) A court in the United
States has issued an order granting custody of the child to someone other than
the alien;
(3) (U) The alien is detaining
or retaining the child, or withholding custody of the child, from the person
granted custody by the U.S. court order; and
(4) (U) The child is outside
of the United States and in a country that is NOT a U.S. partner to the
Convention.
b. (U) Note that INA
212(a)(10)(C)(i) does not require the child to have been taken out of the
United States nor does it require the alien to have been in the United States.
9 FAM 302.12-4(B)(3) (U)
Elements for INA 212(a)(10)(C)(ii)
(CT:VISA-303; 03-16-2017)
a. (U) INA 212(a)(10)(C)(ii)
provides grounds of ineligibility for aliens who support an alien whose conduct
has satisfied all the elements necessary to be found ineligible under INA
212(a)(10)(C)(i).
b. (U) An alien is ineligible
under INA 212(a)(10)(C)(ii) if, the following elements are satisfied:
(1) (U) The primary abductor
is an alien described in INA 212(a)(10)(C)(i), even if the primary abductor
never applied for a visa. Note that if the primary abductor is a U.S. citizen,
INA 212(a)(10)(C)(ii) cannot be applied to any persons assisting the abductor
because both INA 212(a)(10)(C)(i) and INA 212(a)(10)(C)(ii) require the primary
abductor to be an alien; and
(2) (U) The applicant
intentionally assisted the abductor or intentionally provided material support
or safe haven to the abductor as described in clause (i).
9 FAM 302.12-4(B)(4) (U)
Designation Under INA 212(a) (10)(C)(ii)(III)
(CT:VISA-417; 07-28-2017)
a. (U) Under INA
212(a)(10)(C)(ii)(III), the spouse (other than the spouse who is the parent of
the abducted child), child (other than the abducted child), parent, sibling or
agent of an abductor can be designated inadmissible by the Secretary of State
in the Secretarys sole and unreviewable discretion.
b. (U) An alien is inadmissible
under INA 212(a)(10)(C)(ii)(III) if the following essential elements are
present:
(1) (U) The visa applicant is
either a spouse, child, parent, sibling, or an agent of the abductor;
(2) (U) The abducted child has
not been returned to the person granted custody or the abducted child has aged
out; and
(3) (U) The agent or relatives
has been designated by the Secretary of State as ineligible. Note that there
is no process currently in place for such designation and the use of INA
212(a)(10)(C)(ii)(III) will be rare. Please contact your Country Officer in
Childrens Issues if you think there is a case for which use of this provision
may be appropriate.
9 FAM 302.12-4(B)(5) (U)
Withholding a Child Outside the United States
(CT:VISA-272; 12-20-2016)
(U) In many cases, the most
difficult element in establishing inadmissibility under this section will be
determining the location of the child. Where an alleged abductor refuses to
divulge the location of a child and the abductor is currently residing abroad,
you may presume that the child is residing with the abductor. Any assertion by
an abductor who resides abroad that the child remains in the United States
(e.g., with relatives) should be established to your satisfaction by direct
evidence.
9 FAM 302.12-4(B)(6) (U)
Time of Abduction
(CT:VISA-272; 12-20-2016)
a. (U) The timing of a U.S.
custody orders entry in relation to the time of abduction is irrelevant to
visa ineligibility. The existence of a U.S. custody order, whether it was
entered before or after the abduction, satisfies the custody order requirement
for a finding of inadmissibility under INA 212(a)(10)(C). In other words, if a
court in the United States enters a U.S. custody order after the child has
already left, and then any alien who is bound by the order must return the
child to the United States, in order to avoid inadmissibility.
b. (U) For an alien to be
ineligible under INA 212(a)(10)(C)(ii), the assistance or material support does
not need to be ongoing; it only has to have been provided after the applicant
knew or reasonably should have known about the custody order.
9 FAM 302.12-4(B)(7) (U)
Exceptions
(CT:VISA-527; 03-20-2018)
a. (U) Government Officials:
The exceptions for U.S. Government and foreign government officials apply to
those government officials who are providing support to a household or
individual that currently holds an abducted child, when such officials are
acting in their official capacity.
b. (U) Hague Convention Countries:
The law provides for an exception to be made for an alien who takes an abducted
child to a country that is a U.S. partner to the Hague Convention because the
Convention provides an established legal mechanism or framework for returning
the child to the child's place of habitual residence so that custody disputes
may be resolved. Since the Convention provides a remedy of return, the
Congress chose not to penalize an abductor who removes a child to a country
that is a Hague partner. If you are uncertain whether a particular
country is a Convention partner country, please inquire with your country desk
office in CA/OCS/CI's Outgoing Abductions divisions or visit the abduction
resources page.
c. (U) Lawful Permanent Residents:
If you know or suspect a lawful permanent resident has incurred an
ineligibility under INA 212(a)(10)(C), you should not make any entries into
CLASS. Instead contact CA/OCS/CI-Abduction for guidance.
9 FAM 302.12-4(B)(8) (U)
Removal of the Inadmissibility
(CT:VISA-272; 12-20-2016)
(U) An alien remains ineligible
under INA 212(a)(10)(C) only so long as the child has not been returned to the
person granted custody by the order of a court in the United States and such
person and child are permitted to return to the United States or such person's
place of residence. Once the child is surrendered to the person
having lawful custody, the ineligibility ceases to apply, and OCS/CI
country officer will require that Post delete any INA 212(a)(10)(C) ineligibilities
entered into CLASS. (See 9 FAM
303.3-4(D)(1) for more information.) The alien's ineligibility will also
cease if the child reaches 21 years of age, marries, "or
death(dies)."
9 FAM 302.12-4(B)(9) (U)
Requests Initiated by the Office of Children's Issues (CA/OCS/CI)
(CT:VISA-272; 12-20-2016)
a. (U) In many cases, the
OCS/CI country desk officer will initiate the INA 212(a)(10)(C) visa
ineligibility request and provide supporting case details and documentation
such as the U.S. custody order.
b. (U) When there is no pending
visa application or valid U.S. visa, the OCS/CI country desk officer will
submit a request for a P10C lookout or L lookout directly to the Fraud
Prevention Manager at post, copying the American Citizens Services (ACS)
chief. Supporting documentation, most importantly the U.S. custody order, must
be included with all requests. Within five business days, the Fraud Prevention
Unit at post must enter the appropriate CLASS entries as requested or respond
to CA/OCS/CI with any questions or concerns about the request.
c. (U) When requesting a visa
revocation, the OCS/CI country desk officer will work with CA/VO/L/A, OCS/L,
and L/CA for concurrence prior to sending the request to post. If you concur
with the facts as presented by the Department, you should then follow normal
visa revocation procedures under 9 FAM 403.11.
9 FAM 302.12-4(C) (U) Advisory
Opinions
(CT:VISA-272; 12-20-2016)
a. (U) You must refer the case
to CA/VO/L/A for an AO if you believe the alien is inadmissible under INA
212(a)(10)(C). Any formal opinions rendered by CA/VO/L/A will be made in
consultation with L/CA, CA/OCS/CI, and CA/OCS/L.
b. Unavailable
(1) Unavailable
(2) Unavailable
9 FAM 302.12-4(D) (U) Waiver
9 FAM 302.12-4(D)(1) (U)
Waivers for Immigrants
(CT:VISA-272; 12-20-2016)
(U) No waiver is available for
immigrant visa applicants ineligible under INA 212(a)(10)(C).
9 FAM 302.12-4(D)(2) (U)
Waivers for Nonimmigrants
(CT:VISA-272; 12-20-2016)
a. (U) A INA 212(d)(3)(A)
waiver is available for nonimmigrant visa applicants ineligible under INA
212(a)(10)(C). See 9 FAM 305.4-3.
b. (U) Even if an alien
expresses an interest in returning the child to the United States, the
ineligibility still applies until the child is surrendered to the person granted
custody by a court in the United States. An alien may, however, be eligible to
receive a NIV waiver pursuant to INA 212(d)(3)(A). Please see 9 FAM 305.4
for more information on NIV waivers. Please also see 9 FAM
202.3-3(B)(1) for more information on
humanitarian parole.
9 FAM 302.12-4(E) Unavailable
9 FAM 302.12-4(E)(1) Unavailable
(CT:VISA-272; 12-20-2016)
Unavailable
Unavailable
9 FAM 302.12-4(E)(2) Unavailable
(CT:VISA-272; 12-20-2016)
Unavailable
Unavailable
9 FAM 302.12-5 (U) UNLAWFUL
VOTERS - INA 212(a)(10)(D)
9 FAM 302.12-5(A) (U) Grounds
(CT:VISA-303; 03-16-2017)
(U) INA 212(a)(10)(D) states that
an alien who has voted in violation of any Federal, State or local
constitutional provisions, statute, ordinance, or regulation is inadmissible.
9 FAM 302.12-5(B) (U)
Application
9 FAM 302.12-5(B)(1) (U) In
General
(CT:VISA-272; 12-20-2016)
(U) Normally, you can presume that
an alien voting in a political election did so in violation of some law or
ordinance. The alien should be provided every opportunity to prove that the
particular election regulations permitted his or her participation. If,
however, you seek verification of those voting requirements, or if a case
arises in which you have any question of this ground of inadmissibility, you
should submit an AO to the CA/VO/L/A. (See 9 FAM
302.12-5(C) for more information on AOs.)
9 FAM 302.12-5(B)(2) (U)
Applicability
(CT:VISA-272; 12-20-2016)
(U) Inadmissibility under INA
212(a)(10)(D) applies to an alien who at any time has voted in violation of any
federal, state, or local constitutional provision, statue, ordinance, or
regulation. (See 22 CFR 40.104.)
9 FAM 302.12-5(B)(3) (U)
Admissions by the Alien
(CT:VISA-272; 12-20-2016)
(U) An alien who admits voting in
the United States in violation of a Federal, State or local law, ordinance, or
regulation would generally be inadmissible under INA 212(a)(10)(D), (See 9 FAM
302.12-5(B)(4) below for Exceptions). If the alien admits to voting in the
United States, you should make a record of the circumstances in the case notes,
in the event that the alien later refutes the statement or circumstances. If
in your judgment, the alien may later on refute the finding of ineligibility,
you should give the alien an opportunity to write a statement regarding the
circumstances of his or her voting. Such details may also be necessary if an
advisory opinion is requested.
9 FAM 302.12-5(B)(4) (U)
Exception
(CT:VISA-303; 03-16-2017)
(U) INA 212(a)(10)(D) does not
apply to an alien who voted in violation of any Federal, State, or local
constitutional provision, statute, ordinance, or regulation if:
(1) (U) Each natural parent
(or, in the case of an adopted alien or adoptive parent) is or was a U.S.
citizen by birth or naturalization;
(2) (U) The alien resided
permanently in the United States prior to the age of 16; and
(3) (U) The alien reasonably
believed at the time of such violation that he or she was a U.S. citizen.
9 FAM 302.12-5(B)(5) (U)
Dual Application of INA 212(a)(6)(C)(ii)
(CT:VISA-796; 05-16-2019)
(U) You should consider whether an
ineligibility under INA 212(a)(6)(C) may also apply in circumstances under INA
212(a)(10)(D), since the act of voting in the United States often involve an
affirmative assertion of U.S. citizenship (see 9 FAM 302.9-5).
9 FAM 302.12-5(C) (U) Advisory
Opinions
(CT:VISA-272; 12-20-2016)
(U) An AO is not required for a
potential INA 212(a)(10)(D) ineligibility; however, if you have a question
about the interpretation or application of law or regulation, or you need to
seek verification of voting requirements, you may request an AO from CA/VO/L/A.
9 FAM 302.12-5(D) (U) Waiver
9 FAM 302.12-5(D)(1) (U)
Waivers for Immigrants
(CT:VISA-272; 12-20-2016)
(U) There is no waiver available
for immigrants inadmissible under INA 212(a)(10)(D).
9 FAM 302.12-5(D)(2) (U)
Waivers for Nonimmigrants
(CT:VISA-417; 07-28-2017)
(U) INA 212(d)(3)(A) waiver is
available for nonimmigrant visa applicants inadmissible under INA
212(a)(10)(D). (See 9 FAM 305.4-3.)
9 FAM 302.12-5(E) Unavailable
9 FAM 302.12-5(E)(1) Unavailable
(CT:VISA-272; 12-20-2016)
Unavailable
9 FAM 302.12-5(E)(2) Unavailable
(CT:VISA-272; 12-20-2016)
Unavailable
9 FAM 302.12-6 (U) Former
Citizens Who Renounced Citizenship to Avoid Taxation - INA 212(a)(10)(E)
9 FAM 302.12-6(A) (U) Grounds
(CT:VISA-272; 12-20-2016)
(U) INA 212(a)(10)(E) provides
that an alien is inadmissible if the alien has officially renounced his or her
United States citizenship for the purpose of avoiding taxation by the United
States.
9 FAM 302.12-6(B) (U)
Application
9 FAM 302.12-6(B)(1) (U) In
General
(CT:VISA-272; 12-20-2016)
(U) INA 212(a)(10)(E) applies to
any alien who is a former citizen of the United States and who is determined by
the Attorney General to have officially renounced United State Citizenship for
the purpose of avoiding taxation by the United States that took place on or
after September 30, 1996.
9 FAM 302.12-6(B)(2) (U)
Consular Officers Role
(CT:VISA-272; 12-20-2016)
(U) The role of the Department and
the consular officer is very limited in implementing this ground of
inadmissibility. Unless the applicant appears as a hit in the lookout system
revealing a finding of inadmissibility under INA 212(a)(10)(E), you must assume
the applicant is eligible.
9 FAM 302.12-6(C) (U) Advisory
Opinions
(CT:VISA-272; 12-20-2016)
(U) An AO is not required for a
potential INA 212(a)(10)(E) ineligibility; however, if you have a question
about the interpretation or application of law or regulation, you may request
an AO from CA/VO/L/A.
9 FAM 302.12-6(D) (U) Waiver
9 FAM 302.12-6(D)(1) (U)
Waivers for Immigrants
(CT:VISA-272; 12-20-2016)
(U) There is no waiver available
for immigrants found inadmissible under INA 212(a)(10)(E).
9 FAM 302.12-6(D)(2) (U)
Waivers for Nonimmigrants
(CT:VISA-272; 12-20-2016)
(U) A INA 212(d)(3)(A) waiver is
available for nonimmigrant visa applicants inadmissible under INA
212(a)(10)(E). The waiver is discretionary and applications are evaluated on a
case-by-case basis. (See 9 FAM 305.4-3.)
9 FAM 302.12-6(E) Unavailable
9 FAM 302.12-6(E)(1) Unavailable
(CT:VISA-272; 12-20-2016)
Unavailable
9 FAM 302.12-6(E)(2) Unavailable
(CT:VISA-272; 12-20-2016)
Unavailable