People often search for this issue as INA 212a2Diii, 212a2Diii, or Section 212a2Diii. These are shorthand references to INA § 212(a)(2)(D)(iii), which can make a person inadmissible if the government believes the person is coming to the United States to engage in any unlawful commercialized vice, whether or not related to prostitution.
INA 212a2Diii (INA 212(a)(2)(D)(iii)) — Unlawful Commercialized Vice
INA 212a2Diii (INA 212(a)(2)(D)(iii)) — Unlawful Commercialized Vice
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)(iii) Inadmissibility due to Commercialized Vice
Foreign nationals may be inadmissible because they desire to enter the US to engage in unlawful commercialized vice.
Any alien coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution, is inadmissible.
How to obtain a determination that the 212(a)(2)(D)(iii) 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 212a2Diii issues (how it comes up in real cases)
INA 212a2Diii is typically applied when an officer concludes a person is coming to the United States to engage in unlawful commercialized vice. This can be raised during consular processing or at a port of entry based on statements, records, or other information in the file. Common fact patterns include:
- Prior arrests or convictions linked to commercialized vice-related activity (even if not labeled “prostitution”)
- Admissions during a visa interview or CBP inspection that suggest involvement in unlawful commercialized vice
- Evidence an officer interprets as intent to engage in unlawful vice activity in the U.S. based on travel purpose inconsistencies and surrounding facts
- Communications or online content that officers interpret as facilitation or participation in unlawful commercialized vice
- Allegations of organizing, promoting, or profiting from unlawful vice activity
- Cases where the government relies on non-public information to reach a conclusion
Because this ground is fact-specific, the strongest approach is to clarify the record, address the officer’s stated concerns directly, and provide consistent documentation supporting a lawful purpose of travel.
Waivers and options for INA 212a2Diii
INA 212a2Diii (INA 212(a)(2)(D)(iii)) is applied based on an officer’s conclusion that a person is coming to the United States to engage in 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 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 212a2Diii (212(a)(2)(D)(iii))
What is INA 212a2Diii?
INA 212a2Diii (INA 212(a)(2)(D)(iii)) can make a person inadmissible if the government believes the person is coming to the United States to engage in any unlawful commercialized vice, whether or not related to prostitution.
Does INA 212a2Diii 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.
How is 212a2Diii different from 212a2Di and 212a2Dii?
212a2Di focuses on a person’s own engagement in prostitution (or coming to the U.S. to engage in prostitution). 212a2Dii focuses on procuring/facilitating prostitution or receiving prostitution proceeds. 212a2Diii is broader and can cover other unlawful commercialized vice activity whether or not related to prostitution.
How do consulates apply INA 212(a)(2)(D)(iii)?
Consular officers may apply this ground based on the visa application, interview answers, and available records. The next steps depend on what information the officer relied on.
How does CBP apply INA 212(a)(2)(D)(iii)?
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 212a2Diii 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)(iii) concern?
Helpful evidence often includes a clear timeline, consistent explanations of the purpose of travel, documentation supporting lawful intent, and records that clarify or correct any inaccuracies in the file.
News Related to § 212(a)(2)(D)(iii)
| Date | Title | Details | ||
|---|---|---|---|---|
| August 22, 2024 | Department of State's Foreign Affairs Manual (FAM) | The Department of State's FAM provides guidance to consular officers on determining visa ineligibilities due to commercialized vice. | ||
| July 14, 1954 | Matter of B, 6 I&N Dec. 98 (BIA-1954) | Defines the term "Unlawful Commercialized Vice" |
