INA § 212(a)(1)(a)(iii)

Overcoming INA 212(a)(1)(A)(iii): Waivers and Challenging Determinations

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INA 212(a)(1)(A)(iii) relates to inadmissibility for individuals with mental health conditions linked to harmful behavior and typically becomes an issue when applying for a visa at a US Consulate abroad. Before judging an applicant inadmissible, the Consular officer will normally ask the applicant to be evaluated by a panel physician. For those then found inadmissible under INA 212(a)(1)(A)(iii), the Consulate will commonly ask you to wait at least one year before reapplying and undergoing another evaluation by the panel physician. If you fail the evaluation or if the Consular officer finds another reason to deny your application, you will have to wait another year and do it all over again.

Instead of waiting another year to apply, it may be possible to challenge the determination of inadmissibility itself. This can involve questioning the accuracy or completeness of the medical examination conducted by a civil surgeon or panel physician. If the examination process was flawed or if the findings were based on outdated or incomplete information, an applicant may be able to seek a reevaluation or provide additional evidence from their own medical experts to counter the determination.

If you or a loved one has been deemed inadmissible under INA 212(a)(1)(A)(iii), it is crucial to explore all available options, including waivers and challenges to the initial finding. With careful preparation and legal advocacy, many individuals successfully overcome these obstacles. Contact my office today to discuss your case, assess your eligibility for a waiver, or explore how to contest a medical determination. You can reach us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Proclamation 10043

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Proclamation 10043 – Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People’s Republic of China

The entry into the United States as a nonimmigrant of any national of the PRC seeking to enter the United States pursuant to an F or J visa to study or conduct research in the United States, except for a student seeking to pursue undergraduate study, and who either receives funding from or who currently is employed by, studies at, or conducts research at or on behalf of, or has been employed by, studied at, or conducted research at or on behalf of, an entity in the PRC that implements or supports the PRC’s “military-civil fusion strategy” is hereby suspended.

Some applicants were refused visa or entry pursuant to Proclamation 10043 were also found to be inadmissible pursuant to INA 212(a)(6)(c)(i) Misrepresentation  or INA 212(a)(1)(a)(iii) Physical or Mental Disorder.

INA 212(a)(6)(c)(i) Misrepresentation

This provision of the Immigration and Nationality Act (INA) prohibits the admission of any alien who has misrepresented a material fact in order to obtain a visa or other immigration benefit. This includes individuals who have lied about their educational or employment history, their ties to the PRC, or their involvement in military-civil fusion activities.

INA 212(a)(1)(a)(iii) Physical or Mental Disorder

This provision of the INA prohibits the admission of any alien who is mentally or physically unable to care for themselves or who is likely to become a public charge. This includes individuals who have a history of mental illness, a physical disability that would prevent them from working, or a chronic medical condition that would require extensive medical care.

Resolutions to Refusals Due to Proclamation 10043

If you have been deemed inadmissible due to Proclamation 10043, we can help you challenge that determination and request that it be removed from your record. We have successfully helped many innocent people win their cases. We can help you.  Please feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com.