Impact of Pardons on Visa Ineligibility Clarified in New DOS Rule
Department of Homeland Security
DOS published a final rule amending 22 CFR Part 40 related to the effect of certain pardons on criminal-related grounds of visa ineligibility. Department of Homeland Security agreed with the Seventh Circuit Court of Appeals in its recent opinion in Wojciechowicz v. Garland as it applies to gubernatorial pardons and finds that the court’s analysis regarding the lack of underlying authority in the INA giving effect to such pardons also extends to the Department’s regulation at 22 CFR 40.22(c) regarding ineligibility for multiple criminal convictions. The final rule is effective today, August 22
