BIA Holds IJs Cannot Adjudicate Requests for Waivers of Inadmissibility Under INA 212(d)(3)(A)(ii) for U Petitioners

Melsida Asatrian's picture

On Sep. 8, 2016, the BIA issued a precedent decision in the Matter of Khan, 26 I&N Dec. 797 (BIA 2016). The Board held that immigration judges do not have authority to adjudicate requests for waivers of inadmissibility under INA 212(d)(3)(A)(ii) of the INA for petitioners for U nonimmigrant status.