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§
Sec. 244.3 Applicability of grounds of inadmissibility.
(a)
Grounds of inadmissibility not to be applied. Paragraphs (4), (5)(A) and (B), and (7)(A)(i) of section
212(a)
of the Act shall not render an alien ineligible for Temporary Protected Status.
(b)
Waiver of grounds of inadmissibility. Except as provided in paragraph (c) of this section,
USCIS may waive any other provision of section
212(a)
of the Act in the case of individual aliens for
humanitarian purposes, to assure family unity, or when the granting of such a
waiver is in the public interest. If an alien is inadmissible on grounds which
may be waived as set forth in this paragraph, he or she shall be advised of the
procedures for applying for a waiver. (Amended effective 11/28/11;
76 FR
53764)
(c)
Grounds of inadmissibility that may not be waived.
USCIS may not waive the following provisions of section
212(a)
of the Act:
(Introductory paragraph amended effective 11/28/11;
76 FR
53764)
(1)
Paragraphs (2)(A)(i), (2)(B), and (2)(C) (relating to criminals and drug offenses);
(2)
Paragraphs (3)(A), (3)(B), (3)(C), and (3)(D) (relating to national security);
(3)
Paragraph (3)(E) (relating to those who assisted in the Nazi persecution).