People often search for this issue as INA 212a2Dii, 212a2Dii, or Section 212a2Dii. These are shorthand references to INA § 212(a)(2)(D)(ii), which can make a person inadmissible if they procure or attempt to procure prostitutes or persons for prostitution, import people for prostitution, or receive proceeds from prostitution, typically within the 10-year period referenced in the statute.
INA 212a2Dii (INA 212(a)(2)(D)(ii)) — Procuring Prostitution / Receiving Prostitution Proceeds (10-Year)
INA 212a2Dii (INA 212(a)(2)(D)(ii)) — Procuring Prostitution / Receiving Prostitution Proceeds (10-Year)
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)(ii) Inadmissibility due to Pimping or Procuring a Prostitute
Foreign nationals may be inadmissible due procuring or attempts to procure a prostitute within the last 10 years.
Any alien who directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10- year period) received, in whole or in part, the proceeds of prostitution is inadmissible.
How to obtain a determination that the 212(a)(2)(D)(ii) 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 212a2Dii issues (how it comes up in real cases)
INA 212a2Dii is commonly raised in consular processing or at a port of entry based on arrests/records, admissions, or officer conclusions about facilitation of prostitution or receipt of prostitution proceeds. Common fact patterns include:
- Prior arrests or convictions related to procuring, pimping, pandering, or facilitation of prostitution
- Allegations that a person arranged clients, transportation, lodging, advertising, or payments for prostitution
- Receiving money or other proceeds derived from prostitution (including situations where the government alleges the person knowingly benefited)
- Importation-related allegations (bringing a person to the U.S. for prostitution or assisting with that purpose)
- Admissions during a visa interview or CBP inspection about helping others engage in prostitution
- Online advertising or communications that officers interpret as procurement/facilitation activity
- Cases where officers rely on non-public information to reach a “procurement” or “proceeds” conclusion
Because this ground is fact-specific, the strongest approach is to identify what evidence the government relied on, clarify the record, and address the 10-year timing element and knowledge/proceeds allegations directly with consistent documentation.
Waivers and options for INA 212a2Dii
INA 212a2Dii (INA 212(a)(2)(D)(ii)) is applied based on procurement/facilitation of prostitution, importation for prostitution, or receipt of prostitution proceeds, typically within the 10-year period. Strategy depends 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 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 allegations directly.
Frequently asked questions about INA 212a2Dii (212(a)(2)(D)(ii))
What is INA 212a2Dii?
INA 212a2Dii (INA 212(a)(2)(D)(ii)) can make a person inadmissible for procuring or attempting to procure prostitutes or persons for prostitution, importing people for prostitution, or receiving proceeds from prostitution, typically within the 10-year period referenced in the statute.
Does INA 212a2Dii require a conviction?
Not necessarily. A finding can be based on admissions, records, or officer conclusions during consular processing or inspection. The facts and record matter.
What is the difference between 212a2Di and 212a2Dii?
212a2Di is focused on a person’s own engagement in prostitution (or coming to the U.S. to engage in prostitution) within the 10-year period. 212a2Dii focuses on procuring/facilitating prostitution, importing people for prostitution, or receiving prostitution proceeds.
What does “procure” or “attempt to procure” mean in practice?
It often refers to arranging, facilitating, or assisting prostitution-related activity, such as connecting clients, handling payments, transportation, lodging, advertising, or other facilitation conduct the government links to prostitution.
What does “receiving proceeds of prostitution” mean?
It refers to receiving money or other benefit derived from prostitution. These cases often turn on what the government believes the funds were from and whether the person knew or should have known the source.
Can INA 212a2Dii 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 address a 212(a)(2)(D)(ii) concern?
Helpful evidence often includes a clear timeline, certified court records (if any), documentation that clarifies what conduct occurred, and evidence that addresses or corrects the specific allegations (procurement, importation, or proceeds).
News Related to INA § 212(a)(2)(D)(ii)
| Date | Title | Details | ||
|---|---|---|---|---|
| October 17, 2012 | The Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today (PROTECT) Act of 2003 | This law established penalties of up to 30 years in prison for engaging in child sex tourism. | ||
| October 28, 2000 | Trafficking Victims Protection Act of 2000 (TVPA) | The TVPA created new criminal provisions targeting forced labor and sex trafficking. |
