Friday, March 4, 2011

Application for Waiver of Grounds of Inadmissibility under Section 212

Application for Waiver of Grounds of Inadmissibility under Section 212


The record reflects that the applicant is a native and citizen of Colombia and the beneficiary of an approved Petition for Special Immigrant (Form 1-360). The district director found the applicant inadmissible to the United States pursuant to section 212(a)(l)(A)(i) of the Immigration and Nationality Act (INA, the Act), 8 U.S.C. 4 1182(a)(l)(A)(i), as an alien determined to have a communicable disease of public health significance, to wit: human immunodeficiency virus (HIV).

The applicant filed an application for a waiver of inadmissibility in order to reside in the United States.

The district director found that the applicant had failed to establish eligibility for waiver in that he failed to show the requisite relationship to a U.S. citizen or LPR as required in the statute authorizing waiver. The district director therefore denied the application.

1 comment:

Smith Williams said...

Adjustment of status,after marriage in USA on a non-immigrant visa, the foreign spouse must show that he or she had originally intended to return home, and the marriage and desire to stay in the United States was not premeditated.