Policy Memorandum: Implementation of New Discretionary Exemption Under INA Section 212(d)(3)(B)(i) For Material Support to the All India Sikh Students Federation-Bittu Faction (AISSF-Bittu) [open pdf - 61KB]
"On October 18, 2010, following consultation with the Secretary of State and the Attorney General, the Secretary of Homeland Security (the Secretary) exercised her discretionary authority not to apply the material support inadmissibility ground to certain aliens who provided material support to the All India Sikh Students Federation-Bittu Faction (AISSF-Bittu). [...] This document guides USCIS [U.S. Citizenship and Immigration Services] adjudicators on implementation of the Secretary's exemption. […] INA [Immigration and Nationality Act ] section 212(a)(3)(B) renders inadmissible an alien who provides material support to a terrorist organization. In turn, INA section 212(d)(3)(B)(i) authorizes the Secretary to exempt certain terrorism-related grounds of inadmissibility (TRIG). On October 18, 2010, the Secretary issued an exemption that authorizes USCIS, in consultation with Immigration and Customs Enforcement (ICE), not to apply the material support inadmissibility ground to certain aliens associated with the All India Sikh Students Federation-Bittu Faction (AISSF-Bittu). This exemption may be applied to immigration benefit and protection applications under the INA, including, but not limited to, asylum, refugee status, adjustment of status, and asylee and refugee following-to-join petitions. USCIS will consider an exemption only if the threshold requirements, listed below and in the Secretary's Exercise of Authority, are met."
Policy Memorandum: PM-602-0024
U.S. Citizenship and Immigration Services: http://www.uscis.gov/