Chapter 7 – Denials, Appeals, and Motions
An officer must specify the reason(s) for denying any waiver in the denial notice.  See 8 CFR 103.3(a)(1)(i). 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.  See 8 CFR 103.3. 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.  See 8 CFR 103.5(a) and 8 CFR 212.7(a)(4)(v).
POLICY ALERT – Waiver Policies and Procedures
August 23, 2017
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.
- 8 CFR 212.7 - Waiver of certain grounds of inadmissibility