22 CFR § 40.65 - Smugglers.

---
identifier: "/us/cfr/t22/s40.65"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "22 CFR § 40.65 - Smugglers."
title_number: 22
title_name: "Foreign Relations"
section_number: "40.65"
section_name: "Smugglers."
chapter_name: "DEPARTMENT OF STATE"
subchapter_number: "E"
subchapter_name: "VISAS"
part_number: "40"
part_name: "REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1104, 1182, 1183a, 1641"
regulatory_source: "56 FR 30422, July 2, 1991, unless otherwise noted."
cfr_part: "40"
---


# 40.65 Smugglers.

(a) *General.* A visa shall not be issued to an alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law.

(b) *Waiver of ineligibility—INA 212(d)(11).* If an immigrant applicant is ineligible under INA 212(a)(6)(E) but is qualified to seek the benefits of INA 212(d)(11), the consular officer shall inform the alien of the procedure for applying to DHS for relief under that provision of law. A visa may not be issued to the alien until the consular officer has received notification from DHS of the approval of the alien's application under INA 212(d)(11).