ANDERSON

Citations

• 20 I. & N. Dec. 888

Syllabus

ANDERSON, 20 I&N Dec. 888 (BIA 1994) ID 3231 (PDF) (1) A conditional permanentresident alien who seeks to remove the conditional basis of that statusby means of a waiver under section 216(c)(4) of the Immigration and NationalityAct, 8 U.S.C. § 1186a(c)(4) (1988), should apply for any applicablewaiver provided under that section. (2) An alien whose applicationfor a specific waiver under section 216(c)(4) of the Act has been deniedby the Immigration and Naturalization Service may not seek considerationof an alternative waiver under that section in deportation proceedingsbefore the immigration judge. (3) Where an alien becomeseligible for an additional waiver under section 216(c)(4) of the Act dueto changed circumstances, the proceedings may be continued in order togive the alien a reasonable opportunity to submit an application to theService. (4) Inasmuch as the Boardof Immigration Appeals only has authority to review a waiver applicationafter the Service and the immigration judge have considered it, an alienmay not apply for a waiver under section 216(c)(4) of the Act on appeal.