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INA 212(a)(10)(D) – Unlawful Voter – Section 212(a)(10)(D)

INA 212(a)(10)(D)

Unlawful Voter

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212(a)(10)(D) Unlawful Voter

What is a grounds 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 due 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)(D) Inadmissibility due to Unlawful Voter

Any foreign national who voted in violation of any US law is inadmissible.

Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.

This section shall not apply in the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such violation.

How to obtain a determination that the 212(a)(10)(D) 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.

How to obtain a 212(a)(10)(D) waiver

There are two types of waivers that apply to each grounds of inadmissibility: one for immigrants and one for nonimmigrants. Immigrants are foreign nationals who are trying to obtain an immigrant visa or green card. Nonimmigrants are foreign nationals who are trying to obtain or enter with a temporary visa such as a B2 tourist visa, F1 student visa or H1B work visa, among others. Some grounds of inadmissibility allows both immigrant and nonimmigrant waivers, some allow one and some offer no waiver at all.

Many people who are faced with a inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again. This is simply not true. For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination. We have successfully helped many clients who were determined to be inadmissible and we can assist you. We believe that with the right approach, there is always a hope to win your case.

Nonimmigrant Waiver

A nonimmigrant waiver can be issued for a one year term (five year term in limited circumstances) where the foreign national is eligible for a nonimmigrant visa and can establish his or her presence would not be harmful to US interests.  When the application for the waiver is made, normally at the Consulate the will issue the nonimmigrant visa, the Consular officer will consider the following factors when deciding whether or not to issue the visa

  1. The recency and seriousness of the activity or condition causing the inadmissibility;
  2. The reasons for the proposed travel to the US; and
  3. The positive or negative effect, if any, of the planned travel on US public interests.

Immigrant Waiver

There is no immigrant waiver for 212(a)(10)(D).

Paths for a Waiver of Inadmissibility

Top Notch Immigration Services

You will receive top notch immigration services at The Messersmith Law Firm. We guarantee personalized legal services, a high rate of success, and very reasonable fees. At The Messersmith Law Firm, you will always get more than what you pay for. While the majority of our clients are referred to our law firm, we are open to take new cases if we feel we can help you achieve your goals. We have no doubt that you will refer everyone you know to us once your case is approved! Our goal is to get your case approved in the shortest amount of time possible yet strive to keep our fees reasonable!

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