Immigration Success Stories – INA 212(a)(6)(E)

Immigration Success Stories – INA 212(a)(6)(E)

When a foreign national tries to enter the U.S., CBP can deny the entry if CBP believes the foreign national knowingly encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law. This generally results in a permanent lifetime ban but CBP can apply additional penalties as they deem applicable.  Let’s highlight two recent successful cases where we were able to remove these charges from our client’s records.

  1. An Indian client had a friend on H1B status in the United States. His friend told him that he was experiencing money problems and asked our client for a loan. Unbeknownst to our client, his friend used that money to operate a business that illegally smuggled foreigners into the US. As a result, The US Consulate in New Delhi refused our client’s visa application pursuant to section INA 212(a)(6)(E). We worked with the US State Department, the agency that has authority to review decisions made by the Consulate, and we were able to get the 212(a)(6)(E) charge removed from our client’s record. Then we filed a new visa petition with USCIS and successfully helped our client obtain an L1 visa.
  2. A Chinese family of three entered the US on tourist visas.  They were all granted permission to remain in the US for 6 months. Because the wife had a successful business in China, she had to leave early and her family said that they wanted to stay a little longer. However, after she left, the husband decided to overstay. Later the US Consulate contacted the wife to inform her that her B2 visa had been cancelled and that she would have to apply for a new visa. When she did, she was held responsible for her family’s decision to overstay and her visa was refused pursuant to INA 212(a)(6)(E) and INA 212(a)(6)(c)(i).  Again, we appealed this decision to the US State Department and we were able to win this case. They agreed with us that the wife should not held responsible for the actions of her family. We continued to work with the Consulate and ultimately they agreed to remove both charges from her record and she was then eligible to obtain a new visa.

Do you have a similar case or a case you thought was hopeless?  Don’t be discouraged.  We have won many complicated cases.  If you have a similar inadmissibility issue, contact us by phone at 305 515 0613 or email us at

Posted on November 18, 2023 at 11:21 pm by Immigration Lawyer Peter Messersmith · Permalink
In: 212(a)(6)(E), INA § 212(a)(6)(C)(i) · Tagged with: ,

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