The following must be true before 212(d)(3) type waiver can be granted or even filed. The applicant is not inadmissible under INA 212(a)(3)(A)(i)(I), INA 212(a)(3)(A)(ii), INA 212(a)(3)(A)(iii), INA 212(a)(3)(C), or INA 212(a)(3)(E). As you can see INA 212(a)(7)(A)(i)(I) is not one of the provisions of the INA for which INA 212(d)(3) authorizes waivers.
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