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)(E)(i), INA 212(a)(3)(E)(ii) & INA 212(a)(3)(E)(iii)
Nazi Party, Genocide, and Torture
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212(a)(3)(E)(i), 212(a)(3)(E)(ii) & 212(a)(3)(E)(iii) Nazi Party, Genocide & Torture
What is a grounds of inadmissibility?
212(a)(3)(E)(i), 212(a)(3)(E)(ii) & 212(a)(3)(E)(iii) Inadmissibility due to Nazi Party, Genocide & Torture
Foreign nationals may be inadmissible if he or she participated in Nazi persecutions or genocide.
Any alien who, during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with the Nazi government of Germany, any government in any area occupied by the military forces of the Nazi government of Germany, any government established with the assistance or cooperation of the Nazi government of Germany, or any government which was an ally of the Nazi government of Germany, ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion is inadmissible.
Any alien who ordered, incited, assisted, or otherwise participated in genocide, as defined in section 1091(a) of title 18, United States Code, is inadmissible.
Any alien who, outside the United States, has committed, ordered, incited, assisted, or otherwise participated in the commission of any act of torture, as defined in section 2340 of title 18, United States Code or under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note), is inadmissible.
How to obtain a determination that the 212(a)(3)(E)(i), 212(a)(3)(E)(ii) & 212(a)(3)(E)(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)(E)(i), 212(a)(3)(E)(ii) & 212(a)(3)(E)(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.
