Inadmissibility Waiver

Overcoming Visa Challenges: Strategies for Inadmissibility, Waivers, and Humanitarian Parole

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When attempting to enter the United States, some visa applicants may encounter significant hurdles if they are deemed inadmissible by USCIS or a consular officer. Inadmissibility can stem from various factors, such as misrepresentation, criminal convictions, visa overstays, or accusations of alien smuggling. These issues can result in severe consequences, including temporary or permanent bans from the U.S. However, there are several strategies available to navigate these challenges, including challenging the decision, applying for waivers, or seeking humanitarian parole.

Challenging the Inadmissibility Decision

In some cases, the decision to label someone inadmissible may be based on errors, misunderstandings, or incomplete information. For example, an officer might misinterpret a minor inaccuracy in a visa application as intentional misrepresentation. If you believe the finding is incorrect, it may be possible to challenge the decision by presenting new evidence or a legal argument that clarifies the situation. Correcting these mistakes can sometimes lead to a reversal of the inadmissibility finding, allowing you to proceed with your visa application.

Exploring Waiver Options

If challenging the inadmissibility decision is not possible or unsuccessful, applying for a waiver might be the best course of action. Waivers allow individuals who are otherwise inadmissible to enter the U.S. under certain conditions. For non-immigrant visas, waivers are generally more flexible and consider factors such as the severity of the violation, the applicant’s reasons for entering the U.S., and evidence of rehabilitation. For immigrant visas, the process is stricter and often requires demonstrating extreme hardship to a U.S. citizen or permanent resident family member. In some cases, waivers can also be granted for humanitarian reasons or to ensure family unity.

Humanitarian Parole: A Lifeline in Critical Situations

When no other visa options are available, and there are urgent humanitarian or medical needs, humanitarian parole may be an option. Humanitarian parole is a temporary measure that allows individuals to enter the U.S. in exceptional circumstances where visa solutions are not feasible. This option is particularly useful in situations involving serious medical emergencies or other urgent humanitarian concerns. For example, children separated from their parents due to bureaucratic errors or expired visa programs may be eligible for humanitarian parole, enabling them to reunite with their families in the U.S.

Taking Action to Overcome Visa Challenges

Encountering visa challenges can be daunting, but there are several strategies available to address these obstacles. Whether you need to challenge an inadmissibility finding, apply for a waiver, or seek humanitarian parole, it’s important to approach the situation with a clear understanding of your options and the support of an experienced immigration attorney. By taking the appropriate steps, you can navigate these challenges and work towards achieving a successful outcome in your visa application process.

We have successfully helped many people win complicated cases. If you’d like our help, please contact us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Immigration Success Stories – INA 212(a)(6)(e) & INA 212(a)(6)(c)(i)

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Our client, a Chinese citizen, entered the US along with her two minor children as tourists.  During their trip in the US, she enrolled them in school for approximately two months before they all returned to China.  They left before their period of authorized stay expired.  Later on when their visas expired, she returned to the US Embassy to renew her tourist visa and apply for student visas for her children.  However, she was refused  pursuant to section INA 212(a)(6)(E) and INA 212(a)(6)(c)(i) while her children were given a 214(b) refusal.

INA 212(a)(6)(E) relates to smuggling or helping someone obtain a visa or enter the US illegally or for a purpose inconsistent with the visa type obtained or applied for.

INA 212(a)(6)(c)(i) relates to making a fraudulent statement or producing fake documents in order to obtain a visa or procure entry to the United States.

The US Embassy accused our client of misrepresenting the purpose of her trip to the US when she applied for her visa and for violating immigration rules when she enrolled her kids in school when they were in B2 visa status.  These inadmissibility charges rendered it nearly impossible for her or her children to ever obtain visas again to enter the United States but we were able to present a strong defense on her behalf to both the US Department of State and the US Embassy which ultimately resulted in the removal of both charges from her record so she and her children became eligible for any type of US visa.  We then helped her secure a new tourist visa and two student visas for her children.

Do you have a similar inadmissibility issue?  If so, contact our office and we’ll see if we can correct this for you.

212(a)(6)(C)(ii) False Claim to US Citizenship

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212(a)(6)(C)(ii) False Claim to US Citizenship

Inadmissibility Series INA 212– Part III

212(a)(6)(C)(ii) False Claim to US Citizenship

Section 212 of the Immigration and Nationality Act of 1952 lists a series of classes of foreign nationals who are inadmissible to the United States. Some classes are complete bars and others allow specific types of waivers of inadmissibility. If you are attempting to enter the Unites States or are already in the United States and you are inadmissible then you will be barred from receiving immigration benefits such as a visa or green card. There are many ways a foreign national may be deemed inadmissible. The three most common ways are when he or she applies for a visa at a US Consulate, attempts to enter the US with a visa or applies for an immigration benefit while in the United States. In making one of these types of immigration applications, an immigration officer can make a determination that the foreign national’s past actions make him or her inadmissible or ineligible for benefits.

If an immigration officer determines that you are inadmissible then you have two options to overcome the determination. You can either challenge the determination of inadmissibility or apply for a waiver of inadmissibility if the law allows. In many cases. challenging the determination of inadmissibility is the only option because the foreign national is either not eligible for a waiver or the law does not offer a waiver.

212(a)(6)(C)(ii) False Claim to US Citizenship

In general.-Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act or any other Federal or State law is inadmissible.

This section shall not apply to an alien making a representation, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.

How to obtain a determination that the 212(a)(6)(C)(ii) False Claim to US Citizenship ground of inadmissibility was incorrectly made.

If you believe that the 212(a)(6)(C)(ii) False Claim to US Citizenship determination was made made in error in your case, we can help you overcome it.  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.

Waiver of Inadmissibility for an Immigrant Visa due to 212(a)(6)(C)(ii) False Claim to US Citizenship.

212(a)(6)(C)(ii)(II) provides an immigrant waiver only where the false claim was made prior to 1997 and can demonstrate that his or her parents were US citizens and he or she permanently resided in the US before the age of 16.

Waiver of Inadmissibility for a Non Immigrant Visa due to 212(a)(6)(C)(ii) False Claim to US citizenship.

INA 212(d)(3) – Except as provided in this subsection, an alien (i) 20b/ who is applying for a non immigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General, or (ii) 20b/ who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

If you have been determined to be inadmissible, we can help you overcome the determination or obtain a waiver

Many people who are faced with a inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again. This is simply not true. For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination. We have successfully helped many clients who were determined to be inadmissible and we can assist you. We believe that with the right approach, there is always a hope to win your case.

If you would like our assistance, please feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com

212(a)(6)(E) Smugglers

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212(a)(6)(E) Smugglers

Inadmissibility Series INA 212– Part IV

212(a)(6)(E) Smugglers

Section 212 of the Immigration and Nationality Act of 1952 lists a series of classes of foreign nationals who are inadmissible to the United States. Some classes are complete bars and others allow specific types of waivers of inadmissibility. If you are attempting to enter the Unites States or are already in the United States and you are inadmissible then you will be barred from receiving immigration benefits such as a visa or green card. There are many ways a foreign national may be deemed inadmissible. The three most common ways are when he or she applies for a visa at a US Consulate, attempts to enter the US with a visa or applies for an immigration benefit while in the United States. In making one of these types of immigration applications, an immigration officer can make a determination that the foreign national’s past actions make him or her inadmissible or ineligible for benefits.

If an immigration officer determines that you are inadmissible then you have two options to overcome the determination. You can either challenge the determination of inadmissibility or apply for a waiver of inadmissibility if the law allows. In many cases. challenging the determination of inadmissibility is the only option because the foreign national is either not eligible for a waiver or the law does not offer a waiver.

212(a)(6)(E) Smugglers

In general.-Any 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 is inadmissible.

This section shall not apply in the case of alien who is an eligible immigrant, was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

How to obtain a determination that the 212(a)(6)(E) Smugglers ground of inadmissibility was incorrectly made.

If you believe that the 212(a)(6)(E) Smugglers determination was made in error in your case, we can help you overcome it.  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.

Waiver of Inadmissibility for an Immigrant Visa due to 212(a)(6)(E) Smugglers ground of inadmissibility

There are two sections of law which allow a foreign national to apply for a waiver of inadmissibility where he or she is ultimately applying for an immigrant visa or permanent residence (green card).

212(d)(11) provides for an immigrant waiver where the foreign national is an applicant for a family based petition and only helped smuggle a spouse, parent or child; and 212(c) provides a waiver to an LPR returning to the US who helped smuggle a spouse, child or parent. The alien demonstrates extreme hardship to the alien or the alien’s United States citizen, lawful permanent resident, or qualified alien parent or child.

Waiver of Inadmissibility for a Non Immigrant Visa due to 212(a)(6)(E) Smugglers ground of inadmissibility

INA 212(d)(3) – Except as provided in this subsection, an alien (i) 20b/ who is applying for a non immigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General, or (ii) 20b/ who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

If you have been determined to be inadmissible, we can help you overcome the determination or obtain a waiver

Many people who are faced with a inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again. This is simply not true. For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination. We have successfully helped many clients who were determined to be inadmissible and we can assist you. We believe that with the right approach, there is always a hope to win your case.

If you would like our assistance, please feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com

212(a)(2)(D)(i) Prostitution

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212(a)(2)(D)(i) Prostitution

Inadmissibility Series INA 212– Part V

212(a)(2)(D)(i) Prostitution

Section 212 of the Immigration and Nationality Act of 1952 lists a series of classes of foreign nationals who are inadmissible to the United States. Some classes are complete bars and others allow specific types of waivers of inadmissibility. If you are attempting to enter the Unites States or are already in the United States and you are inadmissible then you will be barred from receiving immigration benefits such as a visa or green card. There are many ways a foreign national may be deemed inadmissible. The three most common ways are when he or she applies for a visa at a US Consulate, attempts to enter the US with a visa or applies for an immigration benefit while in the United States. In making one of these types of immigration applications, an immigration officer can make a determination that the foreign national’s past actions make him or her inadmissible or ineligible for benefits.

If an immigration officer determines that you are inadmissible then you have two options to overcome the determination. You can either challenge the determination of inadmissibility or apply for a waiver of inadmissibility if the law allows. In many cases. challenging the determination of inadmissibility is the only option because the foreign national is either not eligible for a waiver or the law does not offer a waiver.

212(a)(2)(D)(i) Prostitution

In general.- Any alien who is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status is inadmissible.

How to obtain a determination that the 212(a)(2)(D)(i) Prostitution ground of inadmissibility was incorrectly made.

If you believe that the 212(a)(2)(D)(i) Prostitution determination was made in error in your case, we can help you overcome it.  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.

Waiver of Inadmissibility for an Immigrant Visa due to 212(a)(2)(D)(i) Prostitution

There are two sections of law which allow a foreign national to apply for a waiver of inadmissibility where he or she is ultimately applying for an immigrant visa or permanent residence (green card).

212(h) provides three avenues for a 212(a)(2)(D)(i) waiver.

Where the foreign national’s activity occurred 15+ years ago, can demonstrate rehabilitation and his or her admission to the US would not be contrary to the national welfare, safety and security of the US;
Where the foreign national is the spouse, parent or child of a USC/LPR and can demonstrate that the US relative would suffer extreme hardship if the foreign national cannot enter the US; or
The foreign national is a VAWA self-petitioner.

Waiver of Inadmissibility for a Non immigrant Visa due to 212(a)(2)(D)(i) Prostitution

INA 212(d)(3) – Except as provided in this subsection, an alien (i) 20b/ who is applying for a non immigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General, or (ii) 20b/ who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

If you have been determined to be inadmissible, we can help you overcome the determination or obtain a waiver

Many people who are faced with a inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again. This is simply not true. For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination. We have successfully helped many clients who were determined to be inadmissible and we can assist you. We believe that with the right approach, there is always a hope to win your case.

Please feel free to contact us at 305-515-0613 or email us at info@messersmithlaw.com if you’d like our assistance.

212(a)(3)(B) Terrorist Activities

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212(a)(3)(B) Terrorist Activities

Inadmissibility Series INA 212– Part VI

212(a)(3)(B) Terrorist Activities

Section 212 of the Immigration and Nationality Act of 1952 lists a series of classes of foreign nationals who are inadmissible to the United States. Some classes are complete bars and others allow specific types of waivers of inadmissibility. If you are attempting to enter the Unites States or are already in the United States and you are inadmissible then you will be barred from receiving immigration benefits such as a visa or green card. There are many ways a foreign national may be deemed inadmissible. The three most common ways are when he or she applies for a visa at a US Consulate, attempts to enter the US with a visa or applies for an immigration benefit while in the United States. In making one of these types of immigration applications, an immigration officer can make a determination that the foreign national’s past actions make him or her inadmissible or ineligible for benefits.

212(a)(3)(B) Terrorist Activities

In general.-Any alien who has engaged in a terrorist activity, a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity is a representative of a terrorist organization or a political, social, or other group that endorses or espouses terrorist activity is a member of a terrorist organization is a member of a terrorist organization, unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization or is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years, is inadmissible.

An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this chapter, to be engaged in a terrorist activity.

This section shall not apply to a spouse or child who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible under this section or whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section.

Waiver of Inadmissibility for an Immigrant Visa due to 212(a)(3)(B) Terrorist Activities ground of inadmissibility

There are two sections of law which allow a foreign national to apply for a waiver of inadmissibility where he or she is ultimately applying for an immigrant visa or permanent residence (green card).

There is no immigrant waiver for 212(a)(3)(B).

Waiver of Inadmissibility for a Non immigrant Visa due to 212(a)(3)(B) Terrorist Activities ground of inadmissibility

INA 212(d)(3) – Except as provided in this subsection, an alien (i) 20b/ who is applying for a non immigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General, or (ii) 20b/ who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

 

Denied Entry to USA

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Denied Entry to USA

Reasons for Denied Entry to USA

Most foreign nationals who are denied entry to the US are those attempting to enter as tourists with B1/B2 visas or through the VWP Visa Waiver Program.  In order for tourists to gain entry to the US, they must establish to CBP, the Immigration Officer, that their trip is for tourist purposes and that he or she intends to return home before their authorized period of stay which is typically 6 months for B1/B2 visa holders or 90 days for VWP entrants.

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

If CBP believes that the foreign national, who requests a temporary entry, but believes that the foreign national truly intends to stay permanently, he may deny their entry pursuant to 212a7A and require them to obtain an immigrant visa before attempting reentry.

212(a)(6)(C)(i) Misrepresentation

If CBP believes that the foreign national made a material misrepresentation in order to attempt entry, such as stating that the applicant intends to visit Disney when they actually intend to work for a specific company, he may deny their entry pursuant to 212a6Ci.

212(a)(9)(B) Unlawful Presence

If CBP believes that the foreign national was previously in the United States illegally for a period of more than 180 days, he may deny their entry pursuant to 212a9B.

A complete list of reasons why a foreign national can be denied entry can be found here. INA 212 Inadmissibility.

What Happens When Denied Entry to USA

If you are denied entry to the US, CBP will normally give you an opportunity to withdraw your application for admission.  If you withdraw your application for admission or if CBP orders your removal, you will be placed order oath and CBP will complete a record of incident.  If this occurs, be sure to obtain a copy of this record.  CBP will then place you on the next available flight with the airline to your home country (or car or boat depending on your method of entry).

Options to Address Denied Entry

After you have been denied entry, you will have three options to attempt a reentry.  First, if you believe that CBP had no valid basis to refuse your entry (e.g. They accused you of misrepresentation but you made none) then you can challenge the denial of entry with CBP or provide evidence that the denial was made incorrectly.  Second, if CBP denied your entry because they want you to enter as an immigrant rather than a nonimmigrant, you can obtain an immigrant visa.  Third, if your entry was denied and the ground of inadmissibility does apply (e.g. you previously overstayed more than 180 days) then you can apply for a waiver of inadmissibility and then reenter.

212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude or CIMT

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212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude or CIMT

Inadmissibility Series INA 212– Part II

212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude or CIMT

Section 212 of the Immigration and Nationality Act of 1952 lists a series of classes of foreign nationals who are inadmissible to the United States.  Some classes are complete bars and others allow specific types of waivers of inadmissibility.  If you are attempting to enter the Unites States or are already in the United States and you are inadmissible then you will be barred from receiving immigration benefits such as a visa or green card.  There are many ways a foreign national may be deemed inadmissible.  The three most common ways are when he or she applies for a visa at a US Consulate, attempts to enter the US with a visa or applies for an immigration benefit while in the United States.  In making one of these types of immigration applications, an immigration officer can make a determination that the foreign national’s past actions make him or her inadmissible or ineligible for benefits.

If an immigration officer determines that you are inadmissible then you have two options to overcome the determination.  You can either challenge the determination of inadmissibility or apply for a waiver of inadmissibility if the law allows.  In many cases. challenging the determination of inadmissibility is the only option because the foreign national is either not eligible for a waiver or the law does not offer a waiver.

212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude or CIMT

In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime).

212(a)(2)(A)(i)(I) CIMT List or List of Crimes Involving Moral Turpitude

The Immigration and Nationality Act does not provide a CIMT list.  However, the Foreign Affairs Manual (FAM) does provide a list of the type of crimes which are commonly CIMT.

According to 9 FAM 40.21(a) N2.2, a crime is likely a CIMT if an element of the crime includes fraud, larceny or intent to harm persons or things.

9 FAM 40.21(a) N2.3-1 lists common crimes against property that are considered CIMT

a. Most crimes committed against property that involve moral turpitude include the element of fraud. The act of fraud involves moral turpitude whether it is aimed against individuals or government. Fraud generally involves:
(1) Making false representation;
(2) Knowledge of such false representation by the perpetrator;
(3) Reliance on the false representation by the person defrauded;
(4) An intent to defraud; and
(5) The actual act of committing fraud
b. Other crimes committed against property involving moral turpitude involve an inherently evil intent, such as the act of arson. The following list comprises crimes frequently committed against property, which may be held to involve moral turpitude for the purposes of visa issuance:
(1) Arson;
(2) Blackmail;
(3) Burglary;
(4) Embezzlement;
(5) Extortion;
(6) False pretenses;
(7) Forgery;
(8) Fraud;
(9) Larceny (grand or petty);
(10) Malicious destruction of property;
(11) Receiving stolen goods (with guilty knowledge);
(12) Robbery;
(13) Theft (when it involves the intention of permanent taking); and
(14) Transporting stolen property (with guilty knowledge).
c. Crimes against property which do not fall within the definition of moral turpitude include:
(1) Damaging private property (where intent to damage not required);
(2) Breaking and entering (requiring no specific or implicit intent to commit a crime involving moral turpitude);
(3) Passing bad checks (where intent to defraud not required);
(4) Possessing stolen property (if guilty knowledge is not essential);
(5) Joy riding (where the intention to take permanently not required); and
(6) Juvenile delinquency.

9 FAM 40.21(a) N2.3-2 lists common crimes against government authorities that are CIMT

a. Crimes committed against governmental authority which fall within the definition of moral turpitude include:
(1) Bribery;
(2) Counterfeiting;
(3) Fraud against revenue or other government functions;
(4) Mail fraud;
(5) Perjury;
(6) Harboring a fugitive from justice (with guilty knowledge); and
(7) Tax evasion (willful).
b. Crimes committed against governmental authority, which would not constitute moral turpitude for visa-issuance purposes, are, in general, violation of laws which are regulatory in character and which do not involve the element of fraud or other evil intent. The following list assumes that the statutes involved do not require the showing of an intent to defraud, or evil intent:
(1) Black market violations;
(2) Breach of the peace;
(3) Carrying a concealed weapon;
(4) Desertion from the Armed Forces;
(5) Disorderly conduct;
(6) Drunk or reckless driving;
(7) Drunkenness;
(8) Escape from prison;
(9) Failure to report for military induction;
(10) False statements (not amounting to perjury or involving fraud);
(11) Firearms violations;
(12) Gambling violations;
(13) Immigration violations;
(14) Liquor violations;
(15) Loan sharking;
(16) Lottery violations;
(17) Possessing burglar tools (without intent to commit burglary);
(18) Smuggling and customs violations (where intent to commit fraud is absent);
(19) Tax evasion (without intent to defraud); and
(20) Vagrancy.

9 FAM 40.21(a) N2.3-3 lists common crimes against a person, family relationship and sexual morality

a. Crimes committed against the person, family relationship, and sexual morality, which constitute moral turpitude as it relates to visa issuance, include:
(1) Abandonment of a minor child (if willful and resulting in the destitution of the child);
(2) Adultery (see INA 101(f)(2) repealed by Public Law 97-116);
(3) Assault (this crime is broken down into several categories, which involve moral turpitude):
(a) Assault with intent to kill;
(b) Assault with intent to commit rape;
(c) Assault with intent to commit robbery;
(d) Assault with intent to commit serious bodily harm; and
(e) Assault with a dangerous or deadly weapon (some weapons may be found to be lethal as a matter of law, while others may or may not be found factually to be such, depending upon all the circumstances in the case. Such circumstances may include, but are not limited to, the size of the weapon, the manner of its use, and the nature and extent of injuries inflicted.);
(4) Bigamy;
(5) Contributing to the delinquency of a minor;
(6) Gross indecency;
(7) Incest (if the result of an improper sexual relationship);
(8) Kidnapping;
(9) Lewdness;
(10) Manslaughter:
(a) Voluntary, occurs when a person intentionally kills another person after “adequate provocation”; that is, there has been action that was sufficient to incite an “ordinary person” to “sudden and intense passion” such that s/he loses self-control. It should be noted that the time between provocation and the killing should not be long enough for the passion to have cooled off. In most states, “adequate provocation” is defined to be only situations in which there is a threat of deadly force, or in which a person finds his/her spouse in bed with another person. Verbal threats are usually not considered adequate provocation; and
(b) Involuntary, where the statute requires proof of recklessness, which is defined as the awareness and conscious disregard of a substantial and unjustified risk which constitutes a gross deviation from the standard that a reasonable person would observe in the situation. A conviction for the statutory offense of vehicular homicide or other involuntary manslaughter that only requires a showing of negligence will not involve moral turpitude even if it appears the defendant in fact acted recklessly.
(11) Mayhem;
(12) Murder;
(13) Pandering;
(14) Prostitution; and
(15) Rape (By statute, a person may be convicted of statutory rape even though the victim consents and provided she or he is under the statutory age at the time of the commission of the act. “Statutory rape” is also deemed to involve moral turpitude.)
b. Crimes committed against the person, family relationship, or sexual morality which do not involve moral turpitude include:
(1) Assault (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly);
(2) Illegitimacy (i.e., the offense of begetting an illegitimate child);
(3) Creating or maintaining a nuisance (where knowledge that premises were used for prostitution is not necessary);
(4) Incest (when a result of a marital status prohibited by law);
(5) Involuntary manslaughter (when killing is not the result of recklessness);
(6) Libel;
(7) Mailing an obscene letter;
(8) Mann Act violations (where coercion is not present);
(9) Riot; and
(10) Suicide (attempted).

9 FAM 40.21(a) N2.4 lists common crimes involving aiding and abetting, accessories and conspiracy

a. The following types of crimes are held to be crimes involving moral turpitude:
(1) An attempt to commit a crime deemed to involve moral turpitude;
(2) Aiding and abetting in the commission of a crime deemed to involve moral turpitude;
(3) Being an accessory (before or after the fact) in the commission of a crime deemed to involve moral turpitude; or
(4) Taking part in a conspiracy (or attempting to take part in a conspiracy) to commit a crime involving moral turpitude.
b. Conversely, where an alien has been convicted of, or admits having committed the essential elements of, a criminal attempt, or a criminal act of aiding and abetting, accessory before or after the fact, or conspiracy, and the underlying crime is not deemed to involve moral turpitude, then INA 212(a)(2)(A)(i)(I) would not be applicable.

How to obtain a determination that the 212(a)(2)(A)(i)(I) ground of inadmissibility was incorrectly made.

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.

Waiver of Inadmissibility for an Immigrant Visa due to 212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude or CIMT

There is only one section of law which allow a foreign national to apply for a waiver of inadmissibility where he or she is ultimately applying for an immigrant visa or permanent residence (green card).

INA 212(h) – The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if-

(1) (A) in the case of any immigrant it is established to the satisfaction of the Attorney General that-
(i) the alien is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is inadmissible occurred more than 15 years before the date of the alien’s application for a visa, admission, or adjustment of status.
(ii) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and
(iii) the alien has been rehabilitated; or

(B) in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien’s denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; or

(C) the alien is a VAWA self-petitioner; and

(2) the Attorney General, in his discretion, and pursuant to such terms, conditions and procedures as he may by regulations prescribe, has consented to the alien’s applying or reapplying for a visa, for admission to the United States, or adjustment of status.
No waiver shall be provided under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture. No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States. No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this subsection.

Waiver of Inadmissibility for a Non Immigrant Visa due to 212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude or CIMT

INA 212(d)(3) – Except as provided in this subsection, an alien (i) 20b/ who is applying for a non immigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General, or (ii) 20b/ who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

If you have been determined to be inadmissible, we can help you overcome the determination or obtain a waiver

Many people who are faced with a inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again.  This is simply not true.  For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination.  We have successfully helped many clients who were determined to be inadmissible and we can assist you.  We believe that with the right approach, there is always a hope to win your case.

212(a)(6)(C)(i) Fraud or Misrepresentation

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212(a)(6)(C)(i) Fraud or Misrepresentation

Inadmissibility Series INA 212– Part I

212(a)(6)(C)(i) Fraud or Misrepresentation

Section 212 of the Immigration and Nationality Act of 1952 lists a series of classes of foreign nationals who are inadmissible to the United States.  Some classes are complete bars and others allow specific types of waivers of inadmissibility.  If you are attempting to enter the Unites States or are already in the United States and you are inadmissible then you will be barred from receiving immigration benefits such as a visa or green card.  There are many ways a foreign national may be deemed inadmissible.  The three most common ways are when he or she applies for a visa at a US Consulate, attempts to enter the US with a visa or applies for an immigration benefit while in the United States.  In making one of these types of immigration applications, an immigration officer can make a determination that the foreign national’s past actions make him or her inadmissible or ineligible for benefits.

If an immigration officer determines that you are inadmissible then you have two options to overcome the determination.  You can either challenge the determination of inadmissibility or apply for a waiver of inadmissibility if the law allows.  In many cases. challenging the determination of inadmissibility is the only option because the foreign national is either not eligible for a waiver or the law does not offer a waiver.

212(a)(6)(C)(i) Fraud or Misrepresentation

In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

How to obtain a determination that the 212(a)(6)(C)(i) Fraud or Misrepresentation ground of inadmissibility was incorrectly made.

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.

Waiver of Inadmissibility for an Immigrant Visa due to 212(a)(6)(C)(i) Fraud or Misrepresentation

There are two sections of law which allow a foreign national to apply for a waiver of inadmissibility where he or she is ultimately applying for an immigrant visa or permanent residence (green card).

INA 212(i) – The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien 25b/ or, in the case of a VAWA self-petitioner 6aa/ , the alien demonstrates extreme hardship to the alien or the alien’s United States citizen, lawful permanent resident, or qualified alien parent or child.

INA § 237(a)(1)(H) – The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 212(a)(6)(C)(i), whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 212(a) which were a direct result of that fraud or misrepresentation.

Waiver of Inadmissibility for a Non Immigrant Visa due to 212(a)(6)(C)(i) Fraud or Misrepresentation

INA 212(d)(3) – Except as provided in this subsection, an alien (i) 20b/ who is applying for a non immigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General, or (ii) 20b/ who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

If you have been determined to be inadmissible, we can help you overcome the determination or obtain a waiver

Many people who are faced with a inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again.  This is simply not true.  For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination.  We have successfully helped many clients who were determined to be inadmissible and we can assist you.  We believe that with the right approach, there is always a hope to win your case.

Please feel free to contact us at 305-515-0613 or email us at info@messersmithlaw.com if you’d like our assistance.