212 a 1 of the immigration and nationality act

Waivers of Inadmissibility

212 a 1 of the immigration and nationality act

IMMIGRATION AND NATIONALITY ACT (INA) (ii) 1/ except as provided in subparagraph (C) 1a/ who seeks admission as an immigrant, or who seeks.

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The visa interview is not primarily document based. Consular Officers are trained to focus on the relevant issues during the interview which often means the process is short. A few targeted questions together with the answers on the visa application form completed by the applicant are often all that is required to make a decision. Applying for a visa is not primarily a document-based process. The main issue in determining if an applicant qualifies for a visa is intent, and documents alone cannot establish intentions. Officers refer to documents only if they can provide additional insight into the case. The application form, if completed thoroughly, contains the information needed to adjudicate the visa.

Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:. I to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or. II to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or. For provision authorizing waiver of certain clauses of subparagraph A , see subsection g. Except as provided in clause ii , any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-.

U INA a 3 B i renders ineligible any alien who :. U INA a 3 B describes visa ineligibilities related to terrorism. Because terms in INA a 3 B are defined broadly, you must take particular care in eliciting as much pertinent information from visa applicants as possible, including the names of all groups potentially covered by these provisions with which the applicant may be linked, for example, by current membership or past financial contributions or other support. U The Immigration Act of Public Law generally amended INA a by replacing the previous 43 classes of excludable aliens with nine broad classes, each with subclasses. The new provision applied retroactively to all such incitement activities, regardless of when they occurred. The amendment eliminated the requirement that the alien intended to support terrorist activity;.

Section f of the Immigration and Nationality Act INA gives the President of the United States broad authority to implement immigration restrictions by proclamation. The statute allows the President to suspend the entry of any aliens or of a class of aliens or place restrictions on the entry of a class of aliens temporarily if he or she determines that the entry of such aliens would be detrimental to the U. In this article we will examine the language of section f , its scope, and previous uses of the statute as well as precedent case-law on the provision.
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Under the Immigration and Nationality Act section there are many enumerated reasons a person can be found to be inadmissible to the United States. Grounds of inadmissibility prevent a person from obtaining lawful permanent residence and from obtaining non-immigrant visas. Some of these grounds of inadmissibility can be waiver under specific circumstances described in the particular waiver. Before applying for immigration status an experienced attorney will review your situation to help identify any potential grounds of inadmissibility and whether a waiver is available. Waivers of inadmissibility generally may not be filed as stand alone applications. Please schedule an appointment to discuss your individual case with one of our immigration attorneys.



Title I: General Provisions

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Visa Refusals under Section 212(A) of the Immigration and Nationality Act

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4 COMMENTS

  1. Bartlett M. says:

    The Public Inspection page on FederalRegister.

  2. Otilde R. says:







  3. Afrodita A. says:

    (A) In general. Any immigrant who is permanently ineligible to citizenship is inadmissible. of the Immigration and Nationality Act as subsecs. (h) and ( i).

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