People often search for this issue as INA 212a2Di, 212a2Di, or Section 212a2Di. These are shorthand references to INA § 212(a)(2)(D)(i), which can make a person inadmissible if they have engaged in prostitution within the previous 10 years, or if the government believes the person is coming to the United States to engage in prostitution or other unlawful commercialized vice.
INA 212a2Di (INA 212(a)(2)(D)(i)) — Prostitution Inadmissibility (10-Year Lookback)
INA 212a2Di (INA 212(a)(2)(D)(i)) — Prostitution Inadmissibility (10-Year Lookback)
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)(2)(D)(i) Inadmissibility due to Prostitution
Foreign nationals may be inadmissible due to engaging in prostitution within the last 10 years or because they desire to enter the US to engage in prostitution.
Any alien who is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status is inadmissible.
How to obtain a determination that the 212(a)(2)(D)(i) 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 212a2Di issues (how it comes up in real cases)
INA 212a2Di findings often arise during consular processing or at a port of entry based on admissions, records, or officer conclusions about the purpose of travel. Common fact patterns include:
- Prior arrests or convictions related to prostitution, solicitation, or related offenses
- Prior admissions during a visa interview or border inspection about engaging in prostitution or sex work
- Evidence the government interprets as coming to the U.S. to engage in prostitution (for example, inconsistent travel purpose statements combined with other indicators)
- Online content or advertising that officers interpret as prostitution-related activity (including social media or paid-content platforms)
- Patterns of travel, communications, or third-party information that officers interpret as facilitation of prostitution
- Allegations involving “procurement” or assistance (even if the person disputes the characterization)
- Cases where the government relies on non-public information to reach a conclusion
Because this ground is fact-specific, the strongest approach is to identify what evidence the government relied on, clarify the record, address the 10-year timing element, and respond directly to the officer’s stated concerns.
Waivers and options for INA 212a2Di
INA 212a2Di (INA 212(a)(2)(D)(i)) is applied based on prostitution-related activity within the 10-year period or an officer’s conclusion that the person is coming to the United States to engage in prostitution or other unlawful commercialized vice. Strategy depends heavily on the facts, the record, and where the issue arose (consulate, CBP, or USCIS).
In some immigrant cases, a discretionary waiver may be possible depending on the applicant’s posture and statutory eligibility. For temporary (nonimmigrant) travel, a discretionary nonimmigrant waiver may be possible in some cases, depending on the purpose of travel and the overall risk assessment. Because these cases are record-driven, the first step is identifying exactly what evidence the government relied on and addressing the specific concerns directly.
Frequently asked questions about INA 212a2Di (212(a)(2)(D)(i))
What is INA 212a2Di?
INA 212a2Di (INA 212(a)(2)(D)(i)) is the prostitution inadmissibility ground. It can apply if a person engaged in prostitution within the previous 10 years, or if the government believes the person is coming to the United States to engage in prostitution or other unlawful commercialized vice.
Does INA 212a2Di require a conviction?
Not necessarily. A finding can be based on admissions, records, or officer conclusions during consular processing or inspection. The facts and the record matter.
What does the “10-year period” mean?
The statute focuses on prostitution activity within the previous 10 years. Timeline and documentation are often important, especially where the government relies on older information.
How do consulates apply 212(a)(2)(D)(i)?
Consular officers may apply this ground based on the visa application, interview answers, and available government records. Where a refusal occurs, the next steps are often fact-specific and depend on what information the officer relied on.
How does CBP apply 212(a)(2)(D)(i)?
CBP can apply this ground at a port of entry based on statements made during inspection, documentation, and information in government systems. Notes from inspection and consistency in the record can be important.
Can INA 212a2Di be waived?
Options depend on the type of visa/benefit sought and the applicant’s posture. In some situations, a discretionary waiver may be possible, but eligibility is fact-specific and depends heavily on the record and overall risk assessment.
What evidence helps overcome a 212(a)(2)(D)(i) concern?
Helpful evidence often includes a clear timeline, consistent explanations of purpose of travel, documentation that addresses the officer’s concerns, and records that clarify or correct any inaccuracies in the file.
News Related to INA § 212(a)(2)(D)(i)
| Date | Title | Details | ||
|---|---|---|---|---|
| June 15, 2024 | Overcoming an INA 212(a)(2)(D)(i) Charge: A Victory for Our Client with an OnlyFans Account | Client Success Story | ||
| September 10, 2023 | Immigration Success Stories – INA 212(a)(2)(D)(i) | Client Success Story | ||
| September 7, 2022 | Department of State's Foreign Affairs Manual (FAM) | The Department of State's FAM offers guidance to consular officers on determining visa ineligibilities due to criminal activities, including prostitution. | ||
| October 16, 2016 | 212(a)(2)(D)(i) Prostitution | What is 212(a)(2)(D)(i) Prostitution |
