Inadmissibility Series INA 212– Part V
Section 212 of the Immigration and Nationality Act of 1952 lists a series of classes of foreign nationals who are inadmissible to the United States. Some classes are complete bars and others allow specific types of waivers of inadmissibility. If you are attempting to enter the Unites States or are already in the United States and you are inadmissible then you will be barred from receiving immigration benefits such as a visa or green card. There are many ways a foreign national may be deemed inadmissible. The three most common ways are when he or she applies for a visa at a US Consulate, attempts to enter the US with a visa or applies for an immigration benefit while in the United States. In making one of these types of immigration applications, an immigration officer can make a determination that the foreign national’s past actions make him or her inadmissible or ineligible for benefits.
If an immigration officer determines that you are inadmissible then you have two options to overcome the determination. You can either challenge the determination of inadmissibility or apply for a waiver of inadmissibility if the law allows. In many cases. challenging the determination of inadmissibility is the only option because the foreign national is either not eligible for a waiver or the law does not offer a waiver.
In general.- Any alien who is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status is inadmissible.
How to obtain a determination that the 212(a)(2)(D)(i) Prostitution ground of inadmissibility was incorrectly made.
If you believe that the 212(a)(2)(D)(i) Prostitution determination was made in error in your case, we can help you overcome it. No matter which US government agency made the inadmissibility determination, each provides a method to dispute the determination, though each has drastically different processing times. We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the Consulate in as little as 2 weeks. CBP quotes turnaround times of as little as 30 days and USCIS will not offer a time frame. In our experience, the more difficult the situation, the longer it will take to get resolved.
Waiver of Inadmissibility for an Immigrant Visa due to 212(a)(2)(D)(i) Prostitution
There are two sections of law which allow a foreign national to apply for a waiver of inadmissibility where he or she is ultimately applying for an immigrant visa or permanent residence (green card).
212(h) provides three avenues for a 212(a)(2)(D)(i) waiver.
Where the foreign national’s activity occurred 15+ years ago, can demonstrate rehabilitation and his or her admission to the US would not be contrary to the national welfare, safety and security of the US;
Where the foreign national is the spouse, parent or child of a USC/LPR and can demonstrate that the US relative would suffer extreme hardship if the foreign national cannot enter the US; or
The foreign national is a VAWA self-petitioner.
Waiver of Inadmissibility for a Non immigrant Visa due to 212(a)(2)(D)(i) Prostitution
INA 212(d)(3) – Except as provided in this subsection, an alien (i) 20b/ who is applying for a non immigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General, or (ii) 20b/ who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a non immigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.
If you have been determined to be inadmissible, we can help you overcome the determination or obtain a waiver
Many people who are faced with a inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again. This is simply not true. For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination. We have successfully helped many clients who were determined to be inadmissible and we can assist you. We believe that with the right approach, there is always a hope to win your case.
Please feel free to contact us at 312-751-9960 or email us at firstname.lastname@example.org if you’d like our assistance.
In: INA § 212(a)(2)(D)(i), INA § 212(d)(3), INA § 212(h), Inadmissibility, Inadmissibility Waiver · Tagged with: 212(a)(2)(D)(i), INA § 212(d)(3), INA § 212(h), INA 212(a)(2)(D)(i), Inadmissibility, Inadmissibility Waiver