A client recently contacted our firm after being denied an immigrant visa due to a past conviction. The US consulate found him inadmissible under INA 212(a)(2)(A)(i)(I), determining that his offense involved moral turpitude. This unexpected decision jeopardized his green card application and future in the US.
Upon reviewing his case, we identified that the consular officer failed to apply the Petty Offense Exception, which allows certain minor offenses to be excused. His conviction met the legal criteria: the maximum penalty was under one year, and his actual sentence was less than six months. Despite this, the consulate mistakenly deemed him inadmissible.
We took immediate action by preparing a detailed legal memorandum explaining why the Petty Offense Exception applied. After weeks of advocacy and direct communication with the consular post, the embassy agreed to a new visa interview. This time, the officer correctly applied the law and approved his immigrant visa without further issue.
If you have been found inadmissible under INA 212(a)(2)(A)(i)(I), don’t assume your case is over. Many visa refusals can be successfully challenged and overcome with the right legal strategy. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to help.