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 If the examination process was flawed or if the findings were based on outdated or incomplete information, an applicant may be able to seek a reevaluation or provide additional evidence from their own medical experts to counter the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.