DOS Issues Final Rule on Effect of Certain Pardons on Criminal-Related Grounds of Ineligibility

Effective August 22, 2024, the Department of State (DOS) has amended a regulation relating to the effect of certain pardons on criminal-related grounds of visa ineligibility.

The rule amends the existing regulation “to implement the plain meaning of statutory authorities and the President’s constitutional authority regarding the effect of pardons on inadmissibility under INA sections 212(a)(2)(A)(i) and 212(a)(2)(B).”The rule “conveys [DOS’s] interpretation of Congress having expressly not provided an exception to inadmissibility based on a pardon, reflecting a plain reading of the inadmissibility ground in INA section 212(a)(2)(A)(i) that multiple courts have shared.”

DOS found that the rule is “interpretative” and amends visa policy as a “foreign affairs function of the United States” and is therefore not subject to notice-and-comment requirements.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Principal Lawyer, Janice Flynn at janice@flynnhodkinson.com.