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Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 - "Following consultations with the Attorney General and the Secretary of State, I have determined that the grounds of inadmissibility at sec. 212(a)(3)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(3)(B), bar certain aliens who do not pose a national security or public safety risk from admission to the United States and from obtaining immigration benefits or other status. Accordingly, consistent with prior exercises of the exemption authority, and in consultation with the Attorney General and the Secretary of State, I hereby conclude, as a matter of discretion in accordance with the authority granted by sec. 212(d)(3)(B)(i) of the INA, 8 U.S.C. 1182(d)(3)(B)(i), as amended, as well as the foreign policy and national security interests deemed relevant in these consultations, that sec. 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), excluding subclause (i)(II), shall not apply with respect to an alien for any activity or association relating to the following groups:
• All Burma Muslim Union• Arakan Army• Hongsawatoi Restoration Army/Party• Kachin Independence Army• Kachin Independence Organization• Karen National Defense Organization• Karenni Nationalities People’sLiberation Front• Kawthoolei Muslim Liberation Front• Kuki National Army• Mon National Liberation Army• Mon National Warrior Army• Myeik-Dawei United Front• National Democratic Front• National United Party of Arakan• New Democratic Army Kachin• New Mon State Party• Parliamentary Democracy Party• People’s Democratic Front• Ramanya Restoration Army• Shan State Army• Zomi Reunification Organization/Zomi Revolutionary Army
provided that the alien satisfies the relevant agency authority that the alien: (a) is seeking a benefit or protection under the INA and has been determined to be otherwise eligible for the benefit or protection; (b) has undergone and passed all relevant background and security checks; (c) has fully disclosed, to the best of his or her knowledge, in all relevant applications and interviews with U.S. Government representatives and agents, the nature and circumstances of activities or association falling within the scope of sec. 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B); (d) has not participated in, or knowingly provided material support to, terrorist activities that targeted noncombatant persons or U.S. interests; (e) poses no danger to the safety and security of the United States; and (f) warrants an exemption from the relevant inadmissibility provision(s) in the totality of the circumstances. Implementation of this determination will be made by U.S. Citizenship and Immigration Services (USCIS), in consultation with U.S. Immigration and Customs Enforcement (ICE), or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets each of the criteria set forth above."