Chapter 6 - Adjudication and Post-Adjudication Matters

A. Approval

If USCIS determines that the applicant is eligible for a waiver and warrants a favorable exercise of discretion, USCIS approves the waiver application. Approval notices for waivers of inadmissibility list the specific grounds USCIS waived. Inadmissibility grounds waived in connection with an application for T nonimmigrant status are not considered waived for purposes of any other immigration benefit request or travel-related purpose, except for purposes of adjustment under INA 245(l).^[1]

B. Denial

If USCIS determines that the applicant is not eligible for a waiver or does not warrant a favorable exercise of discretion, USCIS denies the waiver application and notifies the applicant of the reasons for the denial in writing.

C. Appeal of Waivers

Applicants may not appeal USCIS’ decision to deny a nonimmigrant waiver sought in connection with an application for T nonimmigrant status.^[2] However, the applicant may file a motion to reopen or reconsider a denied waiver application using the Notice of Appeal or Motion (Form I-290B).^[3] An applicant may file a new waiver application in appropriate cases,^[4] such as when there is new evidence relevant to the waiver consideration.

Applicants may appeal USCIS’ decision to deny an application for a waiver of inadmissibility sought in connection with an application to adjust status.^[5] USCIS notifies the applicant in writing of the reasons for the denial and of the right to appeal the decision to the Administrative Appeals Office (AAO).^[6]

D. Revocation of Waivers

USCIS, at any time, may revoke a waiver previously granted as part of the application for T nonimmigrant status or adjustment of status under INA 212(a) or INA 212(d).^[7] There is no appeal of a decision to revoke a waiver.^[8]

Footnotes 

[^ 1] For example, in the case of a waiver sought in connection with an application for adjustment of status under INA 245(a). See Part A, Waiver Policies and Procedures, Chapter 6, Validity of an Approved Waiver, Section B, Length of Waiver Validity, Subsection 1, Certain Nonimmigrants [9 USCIS-PM A.6(B)(1)].

[^ 2] See 8 CFR 212.16(c).

[^ 3] See 8 CFR 103.5.

[^ 4] See 8 CFR 212.16(c).

[^ 5] See 8 CFR 245.23(i).

[^ 6] See 8 CFR 103.3.

[^ 7] See 8 CFR 212.18(d) and 8 CFR 212.16(d).

[^ 8] See 8 CFR 212.16(d) and 8 CFR 212.18(d).