ina 212(a)(3)(A)

When our client received an INA 212(a)(3)(A) determination from the Consulate, accusing him of engaging in espionage and other activities against the United States, his future seemed bleak. This determination barred him from entering the country, threatening his career and the life he had built with his American spouse. Desperate to clear his name and reunite with his family, he sought our expertise to navigate this complex and intimidating legal challenge.

Our team immediately recognized the gravity of the situation and the need for a meticulous and strategic approach. We began by conducting an exhaustive review of the evidence presented by the Consulate, identifying several key areas where the accusations lacked substantiation. Our legal strategy focused on discrediting the allegations by presenting compelling evidence of our client’s legitimate professional activities and his unwavering loyalty to the United States. We gathered an extensive array of documentation, expert testimonies, and character references to build a robust case for his appeal.

After months of rigorous preparation and persistent advocacy, we successfully overturned the INA 212(a)(3)(A) determination. The appeal process was challenging, but our client’s determination and our team’s dedication paid off. The Consulate ultimately recognized the baseless nature of the accusations, allowing our client to enter the United States and continue his life with his family. This success story highlights the critical importance of skilled legal representation and the power of a well-prepared appeal in overcoming even the most daunting immigration obstacles.

Do you have a similar case or one that seems hopeless? Don’t be discouraged. We have successfully handled many complex cases. If you are facing a similar inadmissibility issue, contact us by phone at 305 515 0613 or email us at info@messersmithlaw.com.

Immigration Success Stories – INA 212(a)(3)(A)

When a foreign national tries to enter the US, CBP can deny the entry if CBP believes the foreign national has or will engage in any activity relating to espionage, sabotage or illegally exporting US goods, technology, or sensitive information, or any other unlawful activity related to control or overthrow of the US. This generally results in a lifetime ban from ever returning to the US.  Let’s highlight two recent successful cases where we were able to remove these charges from our client’s records.

1. We had a Chinese client who earned a PhD in Mechanical and Aerospace Engineering from a US school. After graduation, he worked for a Canadian company that had a branch office in the US. His company sponsored him for an L1 visa but when we attended his interview at the Consulate, he was refused pursuant to INA 212(a)(3)(A). The Consulate did not provide any details or justification for the refusal. They simply provided a refusal worksheet that listed INA 212(a)(3)(A). He came to us for our help after the refusal and we were able to work with both the Consulate and the State Department to show that simply being from China and having a mechanical engineering or aerospace engineering degree was not sufficient to support a 212(a)(3)(A) refusal. They agreed and removed the charge from his record and we were able to secure his L1 visa and entry to the US without further issue.
2. In another instance, we had a client from Iran who had obtained Canadian citizenship run into similar problems. He was able to enter the US as a tourist to attend a job interview with a US University but after the offered him the position and sponsored his H1B, he was refused pursuant to INA 212(a)(3)(A).  This time, the degree was not the issue, it was his mandatory military service in Iran. However, this client never did the military service because he was able to delay service due to school or other reasons and eventually left for Canada. We were able to work with relevant US agencies to prove that he never served in the Iranian military and he was able to secure his H1B visa! 

Do you have a similar inadmissibility problem?  If so, contact our office and we’ll see if we can correct it for you.