USCIS Implements Authority to Exempt Individuals Affiliated With the All Burma Students' Democratic Front (ABSDF) From Most Terrorist Relates Grounds of Inadmissibility
Effective December 16, 2010, the Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, exercised her discretionary authority to allow appropriate officials not to apply most terrorism-related inadmissibility grounds in section 212(a)(3)(B) of the Immigration Nationality Act (INA) to individuals for activities or associations related to the All Burma Students’ Democratic Front (ABSDF). See INA section 212(d)(3)(B)(i). This exemption will benefit some individuals seeking immigration benefits or protection in the United States who would otherwise be ineligible for the status sought based on an association with this organization.
The new exemption authority can be exercised in favor of an alien seeking a benefit or protection under the INA who has been determined to be otherwise eligible for the benefit or protection but for the relevant involvement with the ABSDF. In order to be considered for the exemption, the applicant must satisfy the appropriate agency authority that he or she:
- Has undergone and passed relevant background and security checks
- Has fully disclosed, in all relevant applications and interviews with U.S. government representatives and agents, the nature and circumstances of each activity or association falling within the scope of the terrorist activity-related grounds of the INA
- Has not participated in, or knowingly provided material support to, terrorist activities that targeted noncombatant persons
- Poses no danger to the safety and security of the United States
- Warrants an exemption from the relevant inadmissibility provision in the totality of the circumstances
The exemption authority can only be applied to aliens whose activities relate to ABSDF. Implementation of the exemption authority will be made by U.S. Citizenship and Immigration Services (USCIS), in consultation with U.S. Immigration and Customs Enforcement (ICE), or by U.S. consular officers, who will ascertain, to their satisfaction, and in their discretion, that the particular applicant meets the criteria set forth above.
This exercise of authority may be revoked as a matter of discretion and without notice at any time with respect to any and all persons subject to it. Any determination made under this exercise of authority can inform but will not control a decision regarding any subsequent benefit or protection application, unless such exercise of authority has been revoked.
The “Signed Exercise of Authority Under Section 212(d)(3)(B)(i) of the INA for Individuals Affiliated with the ABSDF” is located under "Related Links".