Skip to main content

Chapter 7 - Denials, Appeals, and Motions

An officer must specify the reason(s) for denying any waiver in the denial notice. [1] If an officer denies the waiver based on discretion, the officer should explain how the negative factors outweigh the positive factors. 

If USCIS denies a waiver application, the governing regulation may provide that the applicant may appeal the denial. [2] The officer must specify in the decision letter if the applicant may:

  • File an appeal. If the decision is appealable, the officer must give the applicant proper notice of the possibility to appeal; or

  • File a motion to reopen or reconsider. If USCIS approves the motion, then the officer reviews the waiver application again as if it had never been adjudicated. Therefore, USCIS issues a new decision on the waiver application following a successful motion.

USCIS may also reconsider a waiver approval or denial on its own motion at any time. [3] 

Footnotes


1. [^] See 8 CFR 103.3(a)(1)(i).

2. [^] See 8 CFR 103.3.

3. [^] See 8 CFR 103.5(a) and 8 CFR 212.7(a)(4)(v).

Resources

Legal Authorities

8 CFR 212.7 - Waiver of certain grounds of inadmissibility

INA 207, 8 CFR 207 - Annual admission of refugees and admission of emergency situation refugees

INA 209, 8 CFR 209 - Adjustment of status of refugees and asylees

INA 210, 8 CFR 210 - Special agricultural workers

INA 211, 8 CFR 211 - Admission of immigrants into the United States

INA 212, 8 CFR 212 - Excludable aliens

INA 214, 8 CFR 214 - Admission of nonimmigrants

INA 244, 8 CFR 244 - Temporary protected status

INA 2458 CFR 245 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

INA 245A, 8 CFR 245a - Adjustment of status of certain entrants before January 1, 1982 to that of person admitted for lawful residence

Appendices

No appendices available at this time.

Updates

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF) between the AFM and the Policy Manual.

Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

POLICY ALERT - Waiver Policies and Procedures

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to address the general policies and procedures applicable to the adjudication of waivers of inadmissibility.

Read More