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Eleventh Circuit Denies Stand Alone 212(h) Waiver

  • By: Ahmad Yakzan
  • Published: September 3, 2014

The Eleventh Circuit ruled today that a Respondent can not file a stand alone 212(h) waiver without an accompanying application for adjustment of status application.  Rivas applied for a waiver of inadmissibility nunc pro tunc after being placed in removal proceedings. He had applied for naturalization, but his application was denied since he had two larceny convictions in Florida. The immigration judge granted the waiver application and the Service appealed. The Board reversed the immigration judge’s decision reasoning that statutory revisions such is IIRIRA precluded nunc pro tunc waiver applications. The Eleventh Circuit upheld the Board’s decision on the same reasoning. The court also ruled that Congress had several rational basis to disallow  nunc pro tunc waivers. To read the decision click here.


Ahmad Yakzan

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