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INA 212(a)(2)(E) – Asserted Immunity from Prosecution – 212(a)(2)(E)

  • INA 212(a)(2)(E) – Asserted Immunity from Prosecution – 212(a)(2)(E)

INA 212(a)(2)(E)

Asserted Immunity from Prosecution

The Messersmith Law Firm Immigration Lawyer Services

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212(a)(2)(E) Asserted Immunity from Prosecution

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)(2)(E) Inadmissibility due to Asserted Immunity from Prosecution

Foreign nationals may be inadmissible due to their involvement in serious criminal activity if they have asserted immunity from prosecution.

Any alien who has committed in the United States at any time a serious criminal offense (as defined in section 101(h)),  for whom immunity from criminal jurisdiction was exercised with respect to that offense,  who as a consequence of the offense and exercise of immunity has departed from the United States, and who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense, is inadmissible.

How to obtain a determination that the 212(a)(2)(E) 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)(2)(E) 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

212(h) provides three avenues for a 212(a)(2)(E) waiver.

  1. Where the foreign national’s activity occurred 15+ years ago, can demonstrate rehabilitation and his or her admission to the US would not be contrary to the national welfare, safety and security of the US;
  2. Where the foreign national is the spouse, parent or child of a USC/LPR and can demonstrate that the US relative would suffer extreme hardship if the foreign national cannot enter the US; or
  3. The foreign national is a VAWA self-petitioner.

This waiver is not available if the foreign national has committed murder or criminal acts involving torture or conspiracy commit murder or criminal acts involving torture.

Paths for a Waiver of Inadmissibility

I-192

INA 212(d)(3)

I-212

Form 212

I-601

I-601 Waiver

I-601A

Provisional Waiver

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!

Thousands of Approved Cases

Scroll through fifty recent approval notices below or click here to view thousands.

Customer Testimonials

Real Testimonials from Past Clients

Impressed beyond infinity

I liked Peter's calm, honest, and balanced approach to our very difficult immigration problem. He is very organized and responsive. He filed both of our cases with the DOS and USCIS promptly and the process went without a hitch. He is very intelligent and knowledgeable, but your success will also depend on your willingness to provide as much information and detail as possible. Peter will be able to organize it in the most effective way. We've just learned that our case was approved. Hoorah!
ALEX

Green Card through NIW

Went very smoothly. Very fast responses to my inquiries. Always sent me an email when a status would change. Peter sent me a list of items that I needed to submit to him, and after that he took over and managed everything in a timely manner. I never needed a lawyer before, and this was a very easy first experience.
LUKAS

A patient and professional attorney!

Peter is great. I found him online and scheduled an interview with him, letting him review my CV. He gave me very honest suggestions and we decided to work on my extraordinary ability alien worker permanent residence petition, the EB1A. It took me a long time to gather information: recommendation letter, publication, etc. etc. During this time, Peter is very responsive and guided my questions timely. He also finally decided that I had enough evidence and should submit the petition. When I was waiting for the approval, he is still available to answer my questions. My case was submitted in June 2011 and I received my permanent resident card at the end of 2011, which is, according to many of my friends, super fast and smooth. I highly recommend Peter as your immigration lawyer.
Linlin

Excellent legal service

The office of Mr. Peter did a great job preparing and submitting my application for a green card. During my interview, the immigration officer said "your lawyer submitted a well prepared application". The interview could not have been more comfortable. And my application could not have been better prepared. Thanks to Mr. Peter and his assistant Jen's professional work. I definitely recommend this office for all your immigration services and needs.
GEORGE

The Best Lawyer Ever!

Peter is very professional and honest lawyer. Believe me, I have done an extensive research and his name was always coming up. I hired him last year to help me to obtain a green card. He was very quick to response and he explains everything clearly. He even checked my recommendation letters! When I moved, the green card of my wife was sent twice and it was returned. He and Jen handled this issue for no additional fee. Thanks to him and Jen I got my green card in less than 4 moths. He is really good. Trust me. I highly recommend him! I’d give him 10 starts if I could.
Mikhail F

Committed, Insightful, Efficient

This is the best law firm I have had the pleasure of doing business with. They came highly recommended by close friends. I was easily able to convine my company to hire them. While I had very high expectations at the start, I was pleasantly surprised to see Peter and his team surpass all my expectations. Extremely intelligent and committed team, highly effective, efficient and there to stand by you when you need them most. I highly recommend this firm with no reservations.
Samvith