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)(C)
Foreign Policy
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212(a)(3)(C) Foreign Policy
What is a grounds of inadmissibility?
212(a)(3)(C) Inadmissibility due to Foreign Policy
Foreign nationals may be inadmissible if granting the foreign national a visa would cause potentially serious adverse foreign policy consequences for the US.
An alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is inadmissible.
This section shall not apply to an alien who is an official of a foreign government or a purported government, or who is a candidate for election to a foreign government office during the period immediately preceding the election for that office, shall not be excludable or subject to restrictions or conditions on entry into the United States solely because of the alien’s past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States.
This section shall not apply to an alien because of the alien’s past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States, unless the Secretary of State personally determines that the alien’s admission would compromise a compelling United States foreign policy interest.
How to obtain a determination that the 212(a)(3)(C) 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)(C) 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)(C)
| Date | Title | Details | ||
|---|---|---|---|---|
| July 17, 2024 | Department of State's Foreign Affairs Manual (FAM) | This section provides guidance on the application of INA 212(a)(3)(C), detailing the grounds and application procedures for determining visa ineligibilities based on potential adverse foreign policy consequences. | ||
| February 1, 2023 | USCIS Policy Manual | This chapter outlines various grounds of inadmissibility, including those related to adverse foreign policy impacts under INA 212(a)(3)(C), and discusses the availability of waivers for certain inadmissibility grounds. |
