PART 1249—CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE Authority: 8 U.S.C. 1103, 1182, 1259; 8 CFR part 2. Source: Duplicated from part 249 at 68 FR 9843, Feb. 28, 2003. Editorial Note: Nomenclature changes to part 1249 appear at 68 FR 9846, Feb. 28, 2003. § 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] § 1249.2 Application. (a) Jurisdiction. (b) Decision. [52 FR 6322, Mar. 3, 1987, as amended at 62 FR 10386, Mar. 6, 1997; 68 FR 10359, Mar. 5, 2003] § 1249.3 Reopening and reconsideration. An applicant who alleged entry and residence since prior to July 1, 1924, but in whose case a record was created as of the date of approval of the application because evidence of continuous residence prior to July 1, 1924, was not submitted, may have his case reopened and reconsidered pursuant to § 103.5 of 8 CFR chapter I. Upon the submission of satisfactory evidence, a record of admission as of the date of alleged entry may be created. [29 FR 11494, Aug. 11, 1964, as amended at 68 FR 10359, Mar. 5, 2003]