Regulations Pertaining to Both Nonimmigrants and Immigrants Under the Immigration and Nationality Act, as Amended; Failure to Comply With INA

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The Department is removing the regulation that implemented section 212(o) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(o)). Congress allowed INA 212(o) to sunset as of September 30, 1997. This section, which prohibits the issuance of an immigrant visa to an alien within ninety days following an alien's departure from the U.S. if the alien was not in lawful nonimmigrant status at the time of departure, was intended to encourage adjustment of status applications under INA 245(i).