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

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

Melsida Asatrian

· September 12, 2016

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.

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