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INA 212(a)(3)(A)(i), 212(a)(3)(A)(ii) & 212(a)(3)(A)(iii) – Espionage

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

The Messersmith Law Firm Immigration Lawyer Services

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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?

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)(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.

Nonimmigrant Waiver

There are no nonimmigrant waivers for 212(a)(3)(A)(i), 212(a)(3)(A)(ii) & 212(a)(3)(A)(iii).

Immigrant Waiver

There are no immigrant waivers for 212(a)(3)(A)(i), 212(a)(3)(A)(ii) & 212(a)(3)(A)(iii).

Paths for a Waiver of Inadmissibility

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!

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