Section 212(k) Waiver

Section 212(k) of the Act provides that any alien who is inadmissible under INA

212(a)(5)(A) (not in possession of a labor certification) or section 212(a)(7)(A)(i) (not in possession of a valid immigrant visa or whose visa was not issued in compliance with INA 203), who is in possession of an immigrant visa, if otherwise admissible, may be admitted in the discretion of the Attorney General if the Attorney General is satisfied that exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the alien before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant's application for admission. See 8 C.F.R. 1212.10; Matter of Aurelio, 19 I&N Dec. 458 (BIA 1987) (denying applicant’s 212(k) waiver request because she failed to exercise reasonable diligence in ascertaining her admissibility to the U.S. as a fourth preference immigrant after the death of her petitioning relative).