INA 212(a)(6)(E) applies to anyone who knowingly assists, encourages, or induces another person to enter the United States unlawfully. It is broad in scope and can apply in situations where a person facilitates or attempts to facilitate the unlawful entry of another individual into the United States. This may include transporting, providing false documents, or otherwise assisting someone in circumventing immigration procedures. Regardless of intent, U.S. immigration law treats smuggling as a serious offense, and individuals found inadmissible under this section face significant consequences, including denial of visas or removal.
INA 212(d)(11) provides an avenue to obtain a waiver in connection with a green card where the smuggling was limited to assisting a spouse, parent, son, or daughter. INA 212(d)(3) provides an opportunity to apply for a waiver in connection with a nonimmigrant visa like a work visa or student visa. These waivers are discretionary and can be very challenging to obtain. In situations where you have been wrongfully accused, there are options to challenge the inadmissibility determination and have it removed from your record.
If you have been deemed inadmissible under INA 212(a)(6)(E), it is crucial to act quickly and seek legal representation. We can help evaluate the specific facts of your case, determine if we can challenge the determination or if a waiver is available. Contesting allegations of smuggling or applying for a waiver requires careful preparation and strategic advocacy to ensure the best possible outcome.
Facing a smuggling-related inadmissibility finding under INA 212(a)(6)(E) can feel overwhelming, but you don’t have to navigate it alone. If you or someone you know is affected by this provision, contact my office today. You can reach us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.