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< Back to current issue of Immigration Daily

[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Pages 41795-41796]
From the Federal Register Online via the Government Printing Office []
[FR Doc No: 2012-17232]



Office of the Secretary

Exercise of Authority Under Section 212(d)(3)(B)(i) of the 
Immigration and Nationality Act

AGENCY: Office of the Secretary, DHS.

ACTION: Notice of determination.


    Authority:  8 U.S.C. 1182(d)(3)(B)(i).

    Following consultations with the Secretary of State and the 
Attorney General, I hereby conclude, as a matter of discretion in 
accordance with the authority granted to me by section 212(d)(3)(B)(i) 
of the Immigration and

[[Page 41796]]

Nationality Act (INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended, as well 
as the foreign policy and national security interests deemed relevant 
in these consultations, that, subject to paragraph (c) of this 
    (a) Section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), 
excluding subclause (i)(II), shall not apply with respect to an alien 
applying for a nonimmigrant visa for any activity or association 
relating to the Kosovo Liberation Army (KLA) and
    (b) Subclauses (iv)(IV), (iv)(V), and (iv)(VI), and (i)(VIII) of 
section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), shall not 
apply with respect to an alien who:
    (1) Solicited funds or other things of value for;
    (2) Solicited any individual for membership in;
    (3) Provided material support to; or
    (4) Received military-type training from or on behalf of the KLA.
    (c) To meet the requirements of this determination under paragraph 
(a) or (b), the alien must satisfy the relevant agency authority that 
the alien:
    (1) Is seeking a benefit or protection under the INA and has been 
determined to be otherwise eligible for the benefit or protection;
    (2) Has undergone and passed all relevant background and security 
    (3) Has fully disclosed, to the best of his or her knowledge, in 
all relevant applications and interviews with U.S. government 
representatives and agents, the nature and circumstances of activities 
or associations falling within the scope of section 212(a)(3)(B) of the 
INA, 8 U.S.C. 1182(a)(3)(B);
    (4) Is not and has not been subject to an indictment by an 
international tribunal;
    (5) Has not participated in, or knowingly provided material support 
to, terrorist activities that targeted noncombatant persons or U.S. 
    (6) Poses no danger to the safety and security of the United 
States; and
    (7) Warrants an exemption from the relevant inadmissibility 
provision(s) in the totality of the circumstances.
    Implementation of this determination will be made by U.S. 
Citizenship and Immigration Services (USCIS), in consultation with U.S. 
Immigration and Customs Enforcement (ICE), or by U.S. consular 
officers, as applicable, who shall ascertain, to their satisfaction, 
and in their discretion, that the particular applicant meets each of 
the criteria set forth above.
    This exercise of authority may be revoked as a matter of discretion 
and without notice at any time, with respect to any and all persons 
subject to it. Any determination made under this exercise of authority 
as set out above can inform but shall not control a decision regarding 
any subsequent benefit or protection application, unless such exercise 
of authority has been revoked.
    This exercise of authority shall not be construed to prejudice, in 
any way, the ability of the U.S. government to commence subsequent 
criminal or civil proceedings in accordance with U.S. law involving any 
beneficiary of this exercise of authority (or any other person). This 
exercise of authority creates no substantive or procedural right or 
benefit that is legally enforceable by any party against the United 
States or its agencies or officers or any other person.
    In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C. 
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of 
authority is applied, on the basis of case-by-case decisions by the 
U.S. Department of Homeland Security or by the U.S. Department of 
State, shall be provided to the specified congressional committees not 
later than 90 days after the end of the fiscal year.
    This determination is based on an assessment related to the 
national security and foreign policy interests of the United States as 
they apply to the particular persons described herein and shall not 
have any application with respect to other persons or to other 
provisions of U.S. law.

    Dated: July 10, 2012.
Janet Napolitano,
Secretary of Homeland Security.
[FR Doc. 2012-17232 Filed 7-13-12; 8:45 am]