GABRYELSKY

Citations

• 20 I. & N. Dec. 750

Syllabus

GABRYELSKY, 20 I&N Dec. 750 (BIA 1993) ID 3213 (PDF) (1) A waiver under section212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c)(Supp. IV 1992), may be used in conjunction with an application for adjustmentof status by an alien who is deportable for both drug and weapons offensesthus a lawful permanent resident alien who has been convicted of a weaponsviolation is not ineligible to apply for adjustment of status and mayconcurrently apply for section 212(c) relief to waive his deportabilityarising from his drug conviction. (2) Under the regulationsat 8 C.F.R. § 245.1(e) (1993), an alien may concurrently apply foradjustment of status and section 212(c) relief. (3) An applicant foradjustment of status is not precluded from concurrently applying for awaiver of inadmissibility under section 212(c) of the Act to waive anotherdeportable offense, even though section 212(c) of the Act would not separatelyand independently waive all grounds of deportability.