People often search for this issue as INA 212a10A, 212a10A, Section 212a10A, polygamy inadmissibility, or inadmissible for polygamy. These are shorthand references to INA § 212(a)(10)(A), which can make a person inadmissible if the person is coming to the United States to practice polygamy.
INA 212a10A (INA 212(a)(10)(A)) — Polygamy Inadmissibility (Immigrant Polygamists)
INA 212a10A (INA 212(a)(10)(A)) — Polygamy Inadmissibility (Immigrant Polygamists)
What is a ground of inadmissibility?
In order for a foreign national to be admitted to the United States, he or she must be admissible. A foreign national can be deemed inadmissible to the United States by USCIS, CBP and a Consulate. If the foreign national is deemed inadmissible to the United States, he or she cannot enter without a waiver of inadmissibility or a determination that the inadmissibility charge was made in error.
212(a)(10)(A) Inadmissibility due to Immigrant Polygamists
Any foreign national coming to the US to practice polygamy is inadmissible.
Any immigrant who is coming to the United States to practice polygamy is inadmissible.
How to obtain a determination that the 212(a)(10)(A) ground of inadmissibility was incorrectly made.
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.
Common examples of INA 212a10A polygamy inadmissibility issues
INA 212a10A is focused on whether a person is coming to the United States to practice polygamy. Common fact patterns that can raise questions include:
- Being legally married to more than one person at the same time under the laws of another country
- Having multiple ongoing marital relationships and indicating an intent to continue those relationships as marriages in the United States
- Immigration filings or interview statements suggesting the person intends to maintain more than one spouse
- Documentation (marriage certificates, family records, prior immigration filings) showing more than one active marriage
- Situations where a person claims a prior marriage ended, but records indicate the prior marriage was never legally terminated
Because this ground is fact-specific, the key is to present a clear marital timeline (marriages, divorces/annulments, dates) with supporting records and to ensure the record accurately reflects the person’s current marital status and intent.
Frequently asked questions about INA 212a10A (212(a)(10)(A)) polygamy inadmissibility
What is INA 212a10A?
INA 212a10A (INA 212(a)(10)(A)) is the polygamy inadmissibility ground. It can apply if a person is coming to the United States to practice polygamy.
Does 212(a)(10)(A) apply to nonimmigrant visas?
This ground is commonly discussed in immigrant (green card/immigrant visa) contexts. Case posture matters, so the specific visa category and facts should be confirmed.
What does “practice polygamy” mean in immigration cases?
Cases often focus on whether the person has multiple ongoing marriages or intends to maintain more than one spouse relationship. The analysis is fact-specific and record-driven.
What documents help address a 212(a)(10)(A) concern?
A clear marital timeline with official records (marriage certificates, divorce decrees/annulments, and related documents) is usually essential to clarify current marital status and intent.
Can INA 212a10A be waived?
Many cases treat this ground as having no standard immigrant waiver. Strategy is often focused on clarifying the record and ensuring the person’s marital status and intent are accurately documented.
News Related to INA § INA 212(a)(10)(A)
| Date | Title | Details | ||
|---|---|---|---|---|
| January 24, 2025 | USCIS Policy Manual | U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to provide detailed guidance on the inadmissibility of immigrants who intend to practice polygamy in the United States. | ||
| July 8, 2024 | Department of State's Foreign Affairs Manual (FAM) | The Department of State's FAM offers guidance to consular officers on the inadmissibility of immigrants who intend to practice polygamy in the United States. |
