8cfr213.1

§ 212.16

8 CFR Ch. I (1–1–06 Edition)

labor in a health care occupation described in paragraph (c) of this section,
must submit the certificate or certified
statement as provided in this section
at the time of visa issuance or adjustment of status.
(4) Expiration of certificate or certified
statement. The individual’s certification
or certified statement must be used for
any admission into the United States,
change of status within the United
States, or adjustment of status within
5 years of the date that it is issued.
(5) Revocation of certificate or certified
statement. When a credentialing organization notifies the DHS, via the Nebraska Service Center, that an individual’s certification or certified statement has been revoked, the DHS will
take appropriate action, including, but
not limited to, revocation of approval
of any related petitions, consistent
with the Act and DHS regulations at 8
CFR 205.2, 8 CFR 214.2(h)(11)(iii), and 8
CFR 214.6(d)(5)(iii).
[68 FR 43915, July 25, 2003, as amended at 69
FR 43731, July 22, 2004]

§ 212.16 Applications for exercise of
discretion relating to T nonimmigrant status.
(a) Filing the waiver application. An
alien applying for the exercise of discretion under section 212(d)(13) or
(d)(3)(B) of the Act (waivers of inadmissibility) in connection with an application for T nonimmigrant status shall
submit Form I–192, with the appropriate
fee
in
accordance
with
§ 103.7(b)(1) of this chapter or an application for a fee waiver, to the Service
with the completed Form I–914 application package for status under section
101(a)(15)(T)(i) of the Act.
(b) Treatment of waiver application. (1)
The Service shall determine whether a
ground of inadmissibility exists with
respect to the alien applying for T nonimmigrant status. If a ground of inadmissibility is found, the Service shall
determine if it is in the national interest to exercise discretion to waive the
ground of inadmissibility, except for
grounds of inadmissibility based upon
sections 212(a)(3), 212(a)(10)(C) and
212(a)(10)(E) of the Act, which the Commissioner may not waive. Special consideration will be given to the granting
of a waiver of a ground of inadmis-

sibility where the activities rendering
the alien inadmissible were caused by
or incident to the victimization described under section 101(a)(15)(T)(i) of
the Act.
(2) In the case of applicants inadmissible on criminal and related grounds
under section 212(a)(2) of the Act, the
Service will only exercise its discretion
in exceptional cases unless the criminal activities rendering the alien inadmissible were caused by or were incident to the victimization described
under section 101(a)(15)(T)(i) of the Act.
(3) An application for waiver of a
ground of inadmissibility for T nonimmigrant status (other than under
section 212(a)(6) of the Act) will be
granted only in exceptional cases when
the ground of inadmissibility would
prevent or limit the ability of the applicant to adjust to permanent resident
status after the conclusion of 3 years.
(4) The Service shall have sole discretion to grant or deny a waiver, and
there shall be no appeal of a decision to
deny a waiver. However, nothing in
this paragraph (b) is intended to prevent an applicant from re-filing a request for a waiver of a ground of inadmissibility in appropriate cases.
(c) Incident to victimization. When an
applicant for status under section
101(a)(15)(T) of the Act seeks a waiver
of a ground of inadmissibility under
section 212(d)(13) of the Act on grounds
other than those described in sections
212(a)(1) and (a)(4) of the Act, the applicant must establish that the activities
rendering him or her inadmissible were
caused by, or were incident to, the victimization
described
in
section
101(a)(15)(T)(i)(I) of the Act.
(d) Revocation. The Commissioner
may at any time revoke a waiver previously authorized under section 212(d)
of the Act. Under no circumstances
shall the alien or any party acting on
his or her behalf have a right to appeal
from a decision to revoke a waiver.
[67 FR 4795, Jan. 31, 2002]

PART 213—ADMISSION OF ALIENS
ON GIVING BOND OR CASH DEPOSIT
AUTHORITY: 8 U.S.C. 1103; 8 CFR part 2.

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Department of Homeland Security

§ 213a.1

§ 213.1 Admission under bond or cash
deposit.
The district director having jurisdiction over the intended place of residence of an alien may accept a public
charge bond prior to the issuance of an
immigrant visa to the alien upon receipt of a request directly from a
United States consular officer or upon
presentation by an interested person of
a notification from the consular officer
requiring such a bond. Upon acceptance
of such a bond, the district director
shall notify the U.S. consular officer
who requested the bond, giving the
date and place of acceptance and the
amount of the bond. The district director having jurisdiction over the place
where the examination for admission is
being conducted or the special inquiry
officer to whom the case is referred
may exercise the authority contained
in section 213 of the Act. All bonds and
agreements covering cash deposits
given as a condition of admission of an
alien under section 213 of the Act shall
be executed on Form I–352 and shall be
in the sum of not less than $1,000. The
officer accepting such deposit shall
give his receipt therefor on Form I–305.
For procedures relating to bond riders,
acceptable sureties, cancellation or
breaching of bonds, see § 103.6 of this
chapter.
[29 FR 10579, July 30, 1964, as amended at 32
FR 9626, July 4, 1967; 62 FR 10349, Mar. 6, 1997]

PART 213a—AFFIDAVITS OF SUPPORT ON BEHALF OF IMMIGRANTS
Sec.
213a.1 Definitions.
213a.2 Use of affidavit of support.
213a.3 Notice of change of address.
213a.4 Actions for reimbursement, public
notice, and congressional reports.
213a.5 Relationship of this part to other affidavits of support.
AUTHORITY: 8 U.S.C. 1183a; 8 CFR part 2.
SOURCE: 62 FR 54352, Oct. 20, 1997, unless
otherwise noted.

§ 213a.1 Definitions.
As used in this part, the term:
Domicile means the place where a
sponsor has a residence, as defined in
section 101(a)(33) of the Act, in the

United States, with the intention to
maintain that residence for the foreseeable future, provided, that a permanent resident who is living abroad temporarily shall be considered to be domiciled in the United States if the permanent resident has applied for and obtained the preservation of residence
benefit under section 316(b) or section
317 of the Act, and provided further,
that a citizen who is living abroad temporarily shall be considered to be domiciled in the United States if the citizen’s employment abroad meets the requirements of section 319(b)(1) of the
Act.
Federal poverty line means the level of
income equal to the poverty guidelines
as issued by the Secretary of Health
and Human Services in accordance
with 42 U.S.C. 9902 that is applicable to
a household of the size involved. For
purposes of considering the Form I–864,
Affidavit of Support Under Section
213A of the Act, the Service and Consular Posts will use the most recent income-poverty guidelines published in
the FEDERAL REGISTER by the Department of Health and Human Services.
These guidelines are updated annually,
and the Service and Consular Posts
will begin to use updated guidelines on
the first day of the second month after
the date the guidelines are published in
the FEDERAL REGISTER.
Household income means the income
used to determine whether the sponsor
meets the minimum income requirements under sections 213A(f)(1)(E),
213A(f)(3), or 213A(f)(5) of the Act. It includes the sponsor’s income and may
also include the incomes of any individuals who either are related to the
sponsor by birth, marriage, or adoption
and have been living in the sponsor’s
residence for the previous 6 months or
are lawfully listed as dependents on the
sponsor’s Federal income tax return for
the most recent tax year, even if such
dependents do not live at the same residence as the sponsor.
Household size means the number obtained by adding: (1) The sponsor and
all persons living at the same residence
with the sponsor who are related to the
sponsor by birth, marriage, or adoption; (2) all persons whom the sponsor
has claimed as a dependent on the
sponsor’s Federal income tax return for

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