Assertions of Immunity from Prosecution
DETAILS: Alien is inadmissible (under this ground) only if:
1. Serious criminal offense
FILING DATE RESTRICTIONS: None.
1. Under INA 212(h)(1)(A) – If:
2. Under INA 212(h)(1)(B) – If:
- If the activities for which the alien is inadmissible (under this ground) occurred more than 15 years before the date of the alien's application,
- the admission to the U.S. of such alien would not be contrary to the national welfare, safety, or security of the U.S., and
- the alien has been rehabilitated.
3. Under INA 212(h)(2) – The terms, conditions and controls, if any, are in the discretion of INS.
- the beneficiary is a spouse, parent, son, or daughter of a U.S. citizen or permanent resident and
- the beneficiary's denial of admission would result in extreme hardship to the U.S. citizen or permanent resident spouse, parent, son, or daughter.
NO SPECIFIC WAIVER:
Under INA 212(h)(2) –
1. If the criminal acts involve murder or torture.
COURT JURISDICTION: Under INA 212(h)(2) – No court shall have jurisdiction to review INS
- the alien has previously been lawfully admitted to the U.S. for permanent residence and
- since the date of such admission the alien has been convicted of an aggravated felony or
- the alien has not lawfully resided continuously in the U.S. for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the U.S.
decision to grant or deny waiver.