INA § 212(a)(6)(E)

Immigrant Visa Denial

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Immigrant Visa Denial

There are many reasons that could lead to an immigrant visa denial.  Over the years, we have successfully helped many people overcome immigrant visa denials and reunite families.  The proper way to overcome an immigrant visa denial is to, first, determine why the immigrant visa was denied originally.  The most common situation is where the visa applicant or petitioner does not file the application or petition correctly and makes errors which the Embassy determines constitute fraud or material misrepresentation.  This would result in an INA 212(a)(6)(c)(i) determination and is a permanent bar from entry to the US.  A waiver may or may not be filed depending on the applicant’s eligibility.  If you believe that the Embassy incorrectly made an INA 212(a)(6)(c)(i) determination, we can challenge the denial decision and request that it be removed from the applicant’s record.  Here are a couple examples of the immigrant visa denials that we were able to fix, including 212(a)(6)(c)(ii), 212(a)(6)(e), and 212(a)(4) denials.

  1. Client was a passenger in a van when she tried to enter the US.  CBP approached the driver and the driver presented a birth certificate and claimed our client was his daughter and that she was born in the US.  However, our client did not speak English and wasn’t aware of what the driver told CBP.  CBP found the client to be inadmissible under INA 212(a)(6)(c)(ii) False claim to US citizenship.  Later on, our client’s husband sponsored her for an immigrant visa and the Embassy denied the application due to INA 212(a)(6)(c)(ii).  Client sought our help after the immigrant visa denial and we were able to have the INA 212(a)(6)(c)(ii) removed from her record.
  2. Client allowed her sister to take her kids to the US on B2 tourist visa many years ago.  Unknown to our client, her sister enrolled her kids in school while they were in the United States.  Enrolling in school in B2 status is a violation of status.  Later on, our client applied for an H1B visa to enter the US to work but she was denied under INA 212(a)(6)(c)(i) Misrepresentation and INA 212(a)(6)(e) Smuggling.  It wasn’t easy to fix but we were able to overcome both issues so she was able to enter the US.
  3. Client’s sponsor was gainfully employed and sponsored client for an immigrant visa.  The sponsor didn’t present the case properly so client’s immigrant visa was denied due to INA 212(a)(4) Public Charge.  We worked with the government and made sure that the case was properly presented and was able to overcome the INA 212(a)(4) issue.

In the last 17 years, we have successfully handled thousands of cases and some of those cases are extremely complicated but we were able to win them unbelievably successful results for our clients.  If you feel that you have a difficult case and if you don’t see any hope, let us help you.  With our extensive expertise, we will make impossible possible.  Please feel free to contact 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