INA 212 INADMISSIBILITY AND WAIVER

INA 212 INADMISSIBILITY AND WAIVER

According to 9 FAM 302.9 Ineligibility based on Immigration Violation-Related Issues, under Sec. 212. [8 U.S.C. 1182]

Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in the Section 212 Act, aliens who are inadmissible under this Act are ineligible to receive visas and ineligible to be admitted to the United States.

The most common types of 212 inadmissibility issues are 212(a)(6)(c)(i), 212(a)(6)(E), 212(a)(6)(c)(ii), 212(a)(2)(A)(i)(I) and 212(a)(2)(C)(i).

Many of our clients are innocent but were wrongfully deemed inadmissible under Section 212.  We have successfully helped many clients overturn the Section 212 finding and have the 212 finding removed from their records permanently.  We have also successfully helped many clients with I-601 immigrant waivers as well as 212(d)(3) non immigrant waivers where the determinations were correctly made.

No Matter how complicated your case is, we are here to help you resolve it positively and efficiently.  At The Messersmith Law, you will experience top notch immigration services.  We are well known for our zealous and creative advocacy on behalf of our clients.

Immigration law is federal law which means that we are licensed to assist clients nationwide and even worldwide. The majority of immigration filings are done through the mail. This allows us to efficiently represent clients where they live and work.

Contact US:

Tel:: 312-751-9960
Fax: 312-751-9970
Email: info@messersmithlaw.com

Address:

The Messersmith Law Firm, P. C.
230 E Ohio St, Ste 208
Chicago, IL 60611

Section 212 Appeal

No matter which US government agency made the inadmissibility determination, each provides a method to dispute the determination, though each has drastically different processing times.  We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the Consulate in as little as 2 weeks.  CBP quotes turnaround times of as little as 30 days and USCIS will not offer a time frame.  In our experience, the more difficult the situation, the longer it will take to get resolved.

I-601 Waiver

Certain classes of foreign nationals are not eligible to immigrate to the United States because of previous immigration violations, the commission of serious aggravated felonies, drug or alcohol abuse, fraud or misrepresentation or for other reasons. These persons are not eligible to adjust their status to permanent resident (green card) in the United States or obtain an immigrant visa at a Consulate abroad. The current rule is that they must leave the United States, apply for a hardship waiver and then, if approved, they may re-enter the country.

INA 212(d)(3) Waiver

A nonimmigrant waiver can be issued for a one year term (five year term in limited circumstances) where the foreign national is eligible for a nonimmigrant visa and can establish his or her presence would not be harmful to US interests. When the application for the waiver is made, normally at the Consulate the will issue the nonimmigrant visa, the Consular officer will consider the following factors when deciding whether or not to issue the visa

The recency and seriousness of the activity or condition causing the inadmissibility;
The reasons for the proposed travel to the US; and
The positive or negative effect, if any, of the planned travel on US public interests.

INA 212 Inadmissibility and Waivers

212(a)(1)(A)(i)

Communicable Disease
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212(a)(1)(A)(ii)

Lacking Required Vaccinations
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212(a)(1)(A)(iii)

Physical or Mental Disorder
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212(a)(1)(A)(iv)

Drug Abuser/ Drug Addict
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212(a)(2)(A)(i)(II)

Controlled Substance Violations (Drug Crimes)
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212(a)(2)(B)

Multiple Criminal Convictions
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212(a)(2)(C)(i)

Controlled Substance (Drug) Traffickers
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212(a)(2)(C)(ii)

Family Members of Controlled Substance (Drug) Traffickers
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212(a)(2)(D)(i)

Prostitution
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212(a)(2)(D)(ii)

Pimping or Procuring a Prostitute
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212(a)(2)(D)(iii)

Commercialized Vice
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212(a)(2)(E)

Asserted Immunity from Prosecution
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212(a)(3)(A)(i)

Espionage
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212(a)(3)(A)(ii)

Unlawful Activity Related to Security
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212(a)(3)(A)(iii)

Attempts to Overthrow the US Government
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212(a)(3)(B)

Terrorist Activities
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212(a)(3)(C)

Foreign Policy
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212(a)(3)(D)

Membership in Totalitarian Party
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212(a)(3)(E)(i)

Nazi Party
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212(a)(3)(E)(ii)

Genocide
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212(a)(4)

Public Charge
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212(5)(A)

Labor Certification
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212(5)(B)

Unqualified Physician
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212(5)(C)

Uncertified Health Care Workers
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212(a)(6)(A)

Aliens Present without Admission or Parole (EWI)
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212(a)(6)(B)

Failure to Attend Removal Proceedings
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212(a)(6)(C)(i)

Misrepresentation
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212(a)(6)(C)(ii)

False Claim to US Citizenship
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212(a)(6)(D)

Stowaways
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212(a)(6)(E)

Smugglers
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212(a)(6)(F)

Civil Penalty under INA 274C
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212(a)(6)(G)

Student Visa Abusers
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212(a)(7)(A)

Documentation Requirement for Immigrants
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212(a)(7)(A)(B)

Documentation Requirement for Nonimmigrants
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212(a)(8)(A)

Immigrant Ineligible for Citizenship INA 314 or INA 315
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212(a)(8)(B)

Draft Evaders
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212(a)(9)(A)(i) & 212(a)(9)(A)(ii)

Ordered Removed Upon Arrival
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212(a)(9)(B)

Unlawful Presence
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212(a)(9)(C)

Unlawful Presence after Prior Immigration Violation
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212(a)(10)(A)

Immigrant Polygamists
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212(a)(10)(B)

Guardian Accompanying Inadmissible Helpless Foreign National
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212(a)(10)(C)

International Child Abduction
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212(a)(10)(D)

Unlawful Voter
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212(a)(10)(E)

Former Citizen Who Renounced Citizenship to Avoid Taxes
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212(e)

Former Exchange Visitors
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212(f)

Individual Who is Detrimental to US Interests
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