8 CFR § 1249.1 - Waiver of inadmissibility.
---
identifier: "/us/cfr/t8/s1249.1"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 1249.1 - Waiver of inadmissibility."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "1249.1"
section_name: "Waiver of inadmissibility."
chapter_name: "EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE"
subchapter_number: "B"
subchapter_name: "IMMIGRATION REGULATIONS"
part_number: "1249"
part_name: "CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1103, 1182, 1259; 8 CFR part 2."
regulatory_source: "Duplicated from part 249 at 68 FR 9843, Feb. 28, 2003."
cfr_part: "1249"
---
# 1249.1 Waiver of inadmissibility.
In conjunction with an application under section 249 of the Act, an otherwise eligible alien who is inadmissible under paragraph (9), (10), or (12) of section 212(a) of the Act or so much of paragraph (23) of section 212(a) of the Act as relates to a single offense of simple possession of 30 grams or less of marihuana may request a waiver of such ground of inadmissibility under section 212(h) of the Act. Any alien within the classes described in subparagraphs (B) through (H) of section 212(a)(28) of the Act may apply for the benefits of section 212(a)(28)(I)(ii) in conjunction with an application under section 249 of the Act.
[47 FR 44238, Oct. 7, 1982]