What Is Inadmissibility Under INA 212(a)(6)(E)
Under section 212(a)(6)(E) of the Immigration and Nationality Act, a person can be found inadmissible to the United States for engaging in alien smuggling. This means that at some point, the individual assisted or attempted to assist someone in entering the US illegally. This ground of inadmissibility applies even if no money was exchanged and can include helping family members cross the border without proper documentation.
A finding of inadmissibility under 212(a)(6)(E) carries severe immigration consequences, including:
- Being barred from obtaining a visa, green card, or other immigration benefits
- Permanent inadmissibility, unless a waiver is granted or the inadmissibility is rescinded
- Increased scrutiny at consular interviews or ports of entry
However, for certain individuals, not only is a waiver of inadmissibility is available but we can petition the appropriate government agency to remove the 212(a)(6)(E) charge from their records so it will no longer prevent them from obtaining a US visa and entering the country.
Who Qualifies for a 212(a)(6)(E) Waiver
A waiver for a smuggling-related inadmissibility finding is only available to specific individuals, including:
- Lawful permanent residents who are applying for reentry
- Certain visa applicants who are seeking legal entry
- Spouses, parents, sons, or daughters of US citizens or lawful permanent residents
To be approved for a waiver, the applicant must demonstrate that their removal or continued inadmissibility would cause extreme hardship to their US citizen or lawful permanent resident family members.
Who Qualifies to have their 212(a)(6)(E) Charge Rescinded
Rescinding a smuggling-related inadmissibility finding is available to many individuals, including:
- Individuals Wrongfully Accused of Smuggling Due to Misinterpretation of Facts
- Minors Who Were Classified as Smugglers for Actions Taken Under Parental Direction
- Legal Permanent Residents or Visa Holders Facing Smuggling Allegations Based on Past Conduct That No Longer Applies
Each case is different, and challenging a smuggling determination requires strong legal arguments and supporting evidence. If you or someone you know has been deemed inadmissible under INA 212(a)(6)(E), legal action may be possible to remove the charge and restore immigration eligibility.
How We Have Helped Clients Obtain a 212(a)(6)(E) Waiver
Case 1: African Tourist on a B-2 Visa Wrongfully Accused of Smuggling a Child
A woman from Nigeria traveling on a B-2 tourist visa was accused of alien smuggling under INA 212(a)(6)(E) when she arrived at JFK Airport with her niece, whom she planned to care for during a family emergency. CBP officers suspected that she was bringing the child to the U.S. illegally without proper guardianship or immigration authorization. Despite her explanation, her visa was canceled on the spot, and she was deported with a permanent bar on re-entry.
Her family in the U.S. reached out to us, and we immediately began challenging the smuggling charge. We filed a legal challenge with the Department of State and CBP, demonstrating that she did not engage in alien smuggling. After months of legal advocacy, we successfully removed the 212(a)(6)(E) charge from her record, allowing her to apply for a new visa and regain her ability to travel to the U.S. legally.
Case 2: Waiver Granted for a Mother Who Helped Her Child Enter the U.S.
A mother from Central America entered the U.S. without inspection years ago, bringing her young child with her. When she later applied for a green card through marriage to a U.S. citizen, she was deemed inadmissible under INA 212(a)(6)(E) because the government considered her actions to be alien smuggling.
We filed an I-601 waiver on her behalf, arguing that she was acting in the best interests of her child and not engaging in smuggling for financial gain. We also demonstrated extreme hardship to her U.S. citizen spouse and child if she were denied her green card. The waiver was approved, the smuggling charge was waived, and she obtained her lawful permanent resident status.
Case 3: Business Owner Wrongfully Accused of Smuggling Employees
A foreign entrepreneur with a valid E-2 investor visa was accused of facilitating the illegal entry of workers after a former employee falsely claimed that the business owner had arranged for unauthorized foreign employees to enter the U.S. The consulate revoked his visa and placed a 212(a)(6)(E) bar on his record, preventing him from returning to the U.S.
We gathered documentation proving that all employees were hired legally and that the accusations were false and based on a misunderstanding. After submitting a legal challenge to the U.S. consulate and Department of State, we successfully had the smuggling charge removed, and his visa was reinstated. He was able to return to the U.S. and continue running his business legally.
Need Help Removing a 212(a)(6)(E) Charge? Contact Us Today
If you have been deemed inadmissible under INA 212(a)(6)(E) for alien smuggling, you may still have options. Whether you qualify for a waiver, a legal challenge, or an appeal, we can help you fight the charge and regain your immigration status.
Call us today at 305-515-0613 or email info@messersmithlaw.com for immediate assistance. Let us help you navigate your immigration challenges and fight for your future in the United States.