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.
INA 212(a)(3)(A)(i), INA 212(a)(3)(A)(ii) & INA 212(a)(3)(A)(iii)
Espionage, Security, and Attempts to Overthrow the US Government
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212(a)(3)(A)(i), 212(a)(3)(A)(ii) & 212(a)(3)(A)(iii) Espionage & Security
What is a grounds of inadmissibility?
212(a)(3)(A)(i), 212(a)(3)(A)(ii) & 212(a)(3)(A)(iii) Inadmissibility due to Espionage, Unlawful activity related to security & Attempts to Overthrow the US Government
Foreign nationals may be inadmissible due to any activity relating to espionage, sabotage or to illegally export US goods, technology, or sensitive information, or other unlawful activity or any other unlawful activity related to control or overthrow of the US.
Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information, any other unlawful activity, or any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is inadmissible.
How to obtain a determination that the 212(a)(3)(A)(i), 212(a)(3)(A)(ii) & 212(a)(3)(A)(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.
How to obtain a 212(a)(3)(A)(i), 212(a)(3)(A)(ii) & 212(a)(3)(A)(iii) 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.
Paths for a Waiver of Inadmissibility
News Related to INA § 212(a)(3)(A)(i), 212(a)(3)(A)(ii) & 212(a)(3)(A)(iii)
| Date | Title | Details | ||
|---|---|---|---|---|
| January 23, 2025 | Terrorism-Related Inadmissibility Grounds (TRIG) | The Secretaries of State and Homeland Security, in consultation with the Attorney General, have the authority to grant exemptions from terrorism-related inadmissibility grounds under INA 212(d)(3)(B)(i). | ||
| February 1, 2023 | USCIS Policy Manual | U.S. Citizenship and Immigration Services (USCIS) updated its guidance to specify that certain grounds of inadmissibility, including those related to espionage and sabotage under INA 212(a)(3)(A). |
