Section 237(a)(1)(E)(iii) Waiver for Smuggling

Section 237(a)(1)(E)(iii) of the Act provides that the Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive the charge of removability under INA Section 237(a)(1)(E)(i) for alien smuggling in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided the smuggling into the U.S. of an individual who, at the time of the smuggling, was the alien’s spouse, parent, son, or daughter. INA Section 237(a)(1)(E)(iii); 8 C.F.R. Section 1240.11(d); see also Matter of Farias, 21 I&N Dec. 269, 281-282 (BIA 1997) (holding that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 amended the INA to limit the availability of the waiver to only those aliens who have smuggled an individual who at the time of the offense was the alien's spouse, parent, son, or daughter).

In the case of an alien who is an eligible immigrant—i.e., a qualified immigrant who is the spouse or unmarried child of a legalized alien—section 237(a)(1)(E)(i) of the Act does not apply if the alien was physically present in the U.S. on May 5, 1988, and is seeking admission as an immediate relative, or under section 203(a)(2) of the Act or benefits under section 301(a) of the Immigration Act of 1990 and if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided the smuggling into the U.S. the alien’s spouse, parent, son, or daughter. INA Section 237(a)(1)(E)(ii).


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