AAO Remands for Entry of New Decision on Form I-212, Finding Director’s Decision Premature

In a non-precedent decision, the AAO withdrew the Director’s decision. The AAO pointed out that the applicant was not seeking to adjust status inside the United States, and that it is the consular officer’s responsibility to determine an applicant’s inadmissibility and to have an applicant file a Form I-601, if required. Accordingly, the Director’s finding of inadmissibility under §212 (a)(6)(C)(1) of the Act was premature, and the matter was remanded for him to determine whether the applicant merited conditional approval of his application as a matter of discretion. Courtesy of Alan Lee. Matter of Y-M-C-, ID #151-8339 (AAO May 25, 2018)