Ina Section 212 D 5

Ina 212 d 12 waiver is available.

Ina section 212 d 5. This chapter addresses discretionary employment authorization for aliens who have been paroled into the united states under section 212 d 5 of the immigration and nationality act ina based on an urgent humanitarian reason or for a significant public benefit. Parole into the united states. 1182 a classes of aliens ineligible for visas oradmission except as otherwise provided in this act aliens whoare inadmissible under the following paragraphs are ineligible toreceive visas and ineligible to be admitted to the united states.

Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense possible rehabilitation of the alien s character and the necessity for or urgency of the alien s proposed trip to the united states. A in general. B the parole of aliens within the following groups who have been or are detained in accordance with 235 3 c of this chapter would generally be justified only on a case by case basis for urgent humanitarian reasons or significant public benefit provided the aliens present neither a security risk nor a risk of absconding.

The tables below show ina sections and their corresponding u s. Such parole shall be issued on a case by case basis for urgent humanitarian reasons which is why it is sometimes referred to as humanitarian parole. Code prepared by the office of the law revision counsel of the u s.

O paroled for at least one year under section 212 d 5 of ina o granted conditional entry under 203 a 7 of ina in effect prior to april 1 1980 o battered spouse child or parent with a petition pending under 204 a 1 a or b or 244 a 3 of ina 09 04 2013. The secretary or his designees may invoke in the exercise of discretion the authority under section 212 d 5 a of the act. Under this rule which constitutes an exercise of the secretary of state s authority under section 212 d 3 a i of the ina consular officers are required to refer waiver requests to state in response to a request from the secretary of state whose request shall be presumed to meet one of the criteria paragraphs 1 5 enumerated below or in response to a request from a visa applicant for a case that the consular officer has reason to believe involves one of the following circumstances.

Pursuant to section 212 d 5 a of the immigration and nationality act ina the secretary of the department of homeland security dhs may in her discretion parole any alien applying for admission into the u s. To ensure accuracy uscis links to the official u s. Parole may be granted for urgent humanitarian reasons or for significant public benefit.

In lieu of granting an unforeseen circumstances waiver and admitting the alien the cbp may opt to parole an alien into the united states under section 212 d 5 of the ina. Admission of aliens on giving bond or. Uscis is the dhs component that has authority to grant employment authorization and issue employment authorization documents eads to aliens who are currently in the united states.