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.

Latest news

Revised Form I-129 Takes Effect on January 17, 2025

January 8, 2025

The USCIS is replacing the 04/01/24 edition of the Form I-129 with a new edition that reflects recent changes to the H-1B program. The new form takes effect on January 17, 2025.

Requesting Social Security Updates With Form N-400

April 1, 2024

The new edition of the Form N-400 allows naturalization applicants with USCIS to apply for a SSN or replacement Social Security Card while filing.

USCIS Premium Processing Fees for F1 Employment Authorization Requests

March 4, 2024

F1 applications for work authorization to engage in optional practical training are eligible for the premium processing service. The USCIS recently increased the Form I-907 fee for these premium processing requests.

Want to schedule a consultation?

You can schedule a consultation with us on Skype, over the phone, or in person by using our “Online Consultation” form. Our fee is only $260 per up to 45 minutes for all consultations regardless of the topic.

Contact Information

27 Whitehall Street, 5th Fl New York, NY. 10004

Phone: (212) 202-0342

Fax: (212) 964-0440

Attorney Advertising: prior results do not guarantee similar outcomes.

myattorneyusa.com is owned and operated by The Law Offices of Grinberg & Segal, PLLC (Grinberg & Segal). The content of myattorneyusa.com is copyrighted. Grinberg & Segal is a NYC immigration law firm that consists of highly experienced immigration lawyers licensed to practice state law in New York and New Jersey and U.S. federal law worldwide. Grinberg & Segal’s  New York-based immigration, deportation and removal lawyers represent immigrant clients in all fifty states and before U.S. Consulates anywhere in the world. Grinberg and Segal’s immigration lawyers are highly skilled and experienced in all areas of immigration law and related federal litigation including Writs of Mandamus and Habeas Corpus as well as APA Action in Federal District Courts, Petitions For Review in U.S. Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before Immigration Courts nationwide.