INS News Release on Indochinese Adjustment Regulations, 212(h) Waiver Rule
U.S. Department of Justice
Immigration and Naturalization Service
NEWS RELEASE
January 8, 2003
INS Announces New Rule for the Adjustment of Status of Certain
Nationals from Vietnam, Cambodia, and Laos
INS Also Announces New
Standards for the Waiver of Criminal Grounds of
Inadmissibility
WASHINGTON, DC – The Immigration and Naturalization Service (INS) today announced a final rule that became effective December 26, 2002 that will provide for permanent resident status to as many as five thousand eligible individuals from Vietnam, Cambodia, and Laos. The Service notes that since this is a final rule, applications for adjustment of status can now be accepted under this program. Concurrently published with this final rule is a related interim final rule that provides new standards for adjudicating applications for a waiver of certain criminal grounds of inadmissibility. The public has 30 days to provide comments on the interim final rule.
The adjustment of status rule provides permanent immigration benefits to eligible individuals from three countries—Vietnam, Cambodia, and Laos. Following the Vietnam War, many individuals from Vietnam, Cambodia, and Laos were paroled into the United States and have remained in an indefinite immigration status since.
To qualify for the program, an alien must be a national of Vietnam, Cambodia
or Laos who was paroled into the United States prior to October 1, 1997.
In addition, the alien must have entered the United States from one of three
programs: the Orderly Departure Program, a Refugee Camp in East Asia, or a
Refugee Camp administered by the United Nations High Commissioner for Refugees
in Thailand. Detailed eligibility and procedural requirements are
explained in the final regulation.
When individuals apply for
certain immigration benefits, they are required to demonstrate that they are
admissible under immigration law. One factor that makes an individual
ineligible to become a permanent resident is a criminal history. Certain
grounds of inadmissibility can be waived at the discretion of the Attorney
General. Recently, the Attorney General determined that favorable
discretion should not be exercised for criminal waivers involving violent or
dangerous individuals, except in extraordinary circumstances. The Attorney
General defined “extraordinary circumstances” to mean situations where the
individual has established exceptional and extremely unusual hardship, or
situations where there are overriding national security or foreign policy
considerations. Nevertheless, depending on the nature and severity of the
underlying offense, the extenuating circumstances presented by the applicant may
still be insufficient. These standards have been, in turn, incorporated
into the rule.
– INS–