Policy Memorandum: Implementation of New Discretionary Exemption Under INA Section 212(d)(3)(B)(i) For Activities and Associations Relating to the All Burma Students' Democratic Front (ABSDF) [open pdf - 66KB]
"On December 16, 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 most terrorism-related inadmissibility grounds to certain aliens for activities or associations relating to the All Burma Students' Democratic Front (ABSDF). See Attachment 1. This document guides USCIS adjudicators on implementation of the Secretary's exemption. […] INA section 212(a)(3)(B) renders inadmissible an alien who engages in terrorist activity and also defines acts and associations that constitute engagement in terrorist activity. In turn, INA section 212(d)(3)(B)(i) authorizes the Secretary to exempt certain terrorism-related grounds of inadmissibility (TRIG). On December 16, 2010, the Secretary issued an exemption that authorizes USCIS, in consultation with Immigration and Customs Enforcement (ICE), not to apply most terrorism-related inadmissibility grounds to certain aliens associated with the All Burma Students' Democratic Front (ABSDF). This exemption may be applied to immigration benefit and protection applications under the Immigration and Nationality Act (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-602-0025
U.S. Citizenship and Immigration Services: http://www.uscis.gov/