Grounds For Visa Denial And What You Can Do

by Emmanuel S. Tipon, Esq.

Scores of hopeful immigrants leave U.S. embassies abroad with their American dream turning into a nightmare after receiving a one-page letter saying: “We are unable to issue you an immigrant visa because you have been found ineligible under the following Section(s) of the Immigration and Nationality Act (INA), as amended: Then follows a list of reasons with a check mark before the particular reason for the denial.

Here is a list of the reasons:

212(a)(1)(A)(i)  You have a communicable disease of public health significance.

212(a)(1)(A)(iii)  You have now or previously had a physical or mental disorder with associated harmful behavior that may pose a threat to the property, safety or welfare of yourself or others.

212(a)(1)(A)(iv)  You have abused a controlled substance.

212(a)(1)(A)(i)(I)  You have been convicted of a crime involving moral turpitude.

212(a)(1)(A)(iii)(II)  You have committed acts relating to controlled substances in violation of law or regulations of the United States or another country. 

212(a)(2)(C)  There is reason to believe that you are a controlled substance trafficker or the spouse, son, or daughter of a substance trafficker.

212(a)(5)(A)  Your labor certification (for second-or third-preference employment-based visa) was not properly filed or canceled, or you are not qualified for the position certified, or you have not demonstrated that you will engage in the employment as certified.

212(a)(6)(C)(1)  You sought to procure, or have procured, a visa or entry into the United States by fraud or by the willful misrepresentation of a material fact.

212(a)(6)(E)  You knowingly assisted another alien to try to enter the U.S. in violation of the law.

212(a)(9)(A)  You were ordered removed from the United States.

212(a)(9)(B)(i)  You were unlawfully present in the U.S. for 181-364 days and voluntarily departed (3-year bar).

212(a)(9)(B)(ii)  You were unlawfully present in the U.S. for  365 or more days (10-year bar).

221(g)  Your petition is being returned to U.S. Citizenship and Immigration Services (USCIS) for additional processing.  Further inquiries should be directed to USCIS at 1-800-375-5283.

221(g)  You reached the maximum age and are not eligible under the Child Status Protection Act (CSPA).

212(a) ___ Sometimes there is a “further explanation.”

Waiver
There is a waiver for certain ineligibilities but not for others. To waive means in these cases to “forgive”. Waivers are not available for:

212(a)(1)(A)(iv)  You have abused a controlled substance.

212(a)(2)(C)  There is reason to believe that you are a controlled substance trafficker or the spouse, son, or daughter of a substance trafficker.

212(a)(5)(A)  Your labor certification (for second-or third-preference employment-based visa) was not properly filed or canceled, or you are not qualified for the position certified, or you have not demonstrated that you will engage in the employment as certified.

221(g) ineligibilities.

To apply for a waiver, the alien should fill up and file Form I-601, Application for Waiver of Grounds of Inadmissibility.

If the alien was deported or removed, such alien should file Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. The form contain instructions on how to prepare it, the filing fee, and where to file it. Go to USCIS.gov official site to download the forms.

Caution
Before seeking a waiver, the alien should realize that asking for a waiver means asking for forgiveness. You do not ask for forgiveness for a crime or offense unless you have committed the crime or offense.

Therefore, if you have not committed the crime or offense why ask for a waiver. Also, if it is doubtful whether the act you committed is a crime or offense under the INA, why admit it?

By asking for a waiver, you are at the complete mercy of consular and immigration officials. Granting you a waiver is discretionary and is not likely to be reviewable in a judicial proceeding. In case of doubt, your waiver application will be denied.

Recommendation
Get an honest and competent lawyer who is experienced in handling inadmissibility grounds. Not all lawyers are honest, competent, and experienced. Do not be afraid or ashamed to ask a lawyer you are interviewing if such lawyer has handled an inadmissibility case before and what was the result. Remember. You, as the client, is the one hiring a lawyer. So you must be satisfied that your prospective employee – the lawyer – can handle the job.

ATTY. EMMANUEL S. TIPON was a Fulbright and Smith-Mundt scholar to Yale Law School where he obtained a Master of Laws degree specializing in Constitutional Law. He graduated with a Bachelor of Laws degree from the University of the Philippines. He placed third in the 1955 bar examinations. He is admitted to practice before the U.S. Supreme Court, New York, and the Philippines. He practices federal law, with emphasis on immigration law and appellate federal criminal defense. He was the Dean and a Professor of Law of the College of Law, Northwestern University, Philippines. He has written law books and legal articles for the world’s most prestigious legal publisher and writes columns for newspapers. He wrote the best-seller “Winning by Knowing Your Election Laws.” Listen to The Tipon Report which he co-hosts with his son Attorney Emmanuel “Noel” Tipon.  They talk about immigration law, criminal law, court-martial defense, politics,and current events. It is considered the most witty, interesting, and useful radio show in Hawaii. KNDI 1270 AM band every Thursday at 8:00 a.m.  Atty. Tipon was born in Laoag City, Philippines. Cell Phone (808) 225-2645.  E-Mail: filamlaw@yahoo.com. Website: https://www.tiponimmigrationguide.com, https://www.hawaiianimmigrationattorney.com.

The information provided in this article is not legal advice. Publication of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship.