People often search for this issue as INA 212a6a, 212a6a, or Section 212a6a. These are shorthand references to INA § 212(a)(6)(A), which can make a person inadmissible for being present in the United States without being admitted or paroled, including cases where the person entered without inspection (EWI).
INA 212a6a (INA 212(a)(6)(A)) — Entry Without Inspection (EWI) / Present Without Admission or Parole
INA 212a6a (INA 212(a)(6)(A)) — Entry Without Inspection (EWI) / Present Without Admission or Parole
What is a ground 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 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)(6)(A) Inadmissibility due to Aliens Present without Admission or Parole (EWI)
Foreign nationals may be inadmissible if he or she is currently in the United States and entered without being inspected (no visa).
An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.
This section shall not apply if the alien is a VAWA self-petitioner, the alien has been battered or subjected to extreme cruelty by a spouse or parent, or by a member of the spouse’s or parent’s family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, or the alien’s child has been battered or subjected to extreme cruelty by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty) or by a member of the spouse’s or parent’s family residing in the same household as the alien when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, and there was a substantial connection between the battery or cruelty and the alien’s unlawful entry into the United States.
How to obtain a determination that the 212(a)(6)(A) 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.
Difference between INA 212a6a (EWI) and unlawful presence (INA 212a9b)
People often confuse “entry without inspection / present without admission or parole” with “unlawful presence,” but they are different inadmissibility concepts.
- INA 212a6a applies when a person is present in the U.S. without being admitted or paroled (including entry without inspection).
- Unlawful presence (INA 212a9b) relates to time spent in the U.S. after an authorized stay ends (or without authorization) and can trigger 3-year or 10-year bars after departure.
In many cases, a person may have both issues at the same time, so the correct strategy depends on identifying (1) how the person entered, (2) whether the person was ever admitted or paroled, and (3) the person’s immigration timeline.
Common examples of INA 212a6a inadmissibility (EWI / present without admission or parole)
INA 212a6a issues often come up when a person is applying for a green card or visa and the record shows the person was never admitted or paroled into the United States. Common fact patterns include:
- Entered the U.S. without inspection (EWI) across the border and never had a lawful admission
- Entered at an undesignated place or time and did not pass through inspection
- Used another person’s documents to enter and later the government concludes there was no lawful admission
- Overstayed a visa and later the record shows a break in status plus a question about whether the entry/admission can be documented
- Prior removal/deportation history combined with later re-entry without inspection
- Applying for adjustment of status and the case turns on whether the person has evidence of admission/parole (I-94, passport entry stamp, CBP record)
Because this ground is entry-based, the first step is usually confirming how the person entered and what proof of admission or parole exists (I-94, stamps, CBP records, or other documentation).
Options and next steps for INA 212a6a (EWI)
INA 212a6a is an entry-based inadmissibility ground. The correct strategy depends on the person’s entry history and whether any lawful admission or parole can be documented.
Practical next steps typically include:
- Confirming how the person entered the U.S. and whether there is proof of admission or parole (I-94, passport stamps, CBP records)
- Determining what immigration path is being pursued (consular processing vs adjustment of status) and whether the person is eligible for that path given the entry history
- Identifying whether other grounds also apply (for example, unlawful presence under 212a9b) and addressing them together as part of one strategy
- Building a clear timeline and documentation packet that matches the chosen process
Because EWI cases are highly fact-specific, the first step is usually an entry/timeline review before selecting any waiver or procedural path.
Frequently asked questions about INA 212a6a (212(a)(6)(A))
What is INA 212a6a?
INA 212a6a (INA 212(a)(6)(A)) is the “present without admission or parole” ground of inadmissibility. It commonly applies when a person entered the United States without inspection (EWI) and was never lawfully admitted or paroled.
What is entry without inspection (EWI)?
EWI generally refers to entering the United States without going through inspection and admission at a port of entry. If there is no lawful admission or parole, INA 212a6a may apply.
Is INA 212a6a the same as unlawful presence (212a9b)?
No. INA 212a6a is about how the person entered (present without admission or parole). Unlawful presence (INA 212a9b) is about time spent in the U.S. without authorization and can trigger 3-year or 10-year bars after departure. A person can have both issues.
Can someone with EWI get a green card?
It depends on the facts and the immigration path. Many cases turn on whether there is any lawful admission or parole that can be documented and whether the person is eligible for adjustment of status versus consular processing.
What documents help prove admission or parole?
Common documents include an I-94 record, passport entry stamp, CBP admission record, or other official documentation showing inspection and admission or parole.
What is the first step to fix a 212(a)(6)(A) issue?
The first step is usually confirming the entry history and building a clear timeline with supporting documentation, then selecting the correct process (adjustment vs consular) and addressing any other grounds (such as unlawful presence) together.
News Related to INA § 212(a)(6)(A)
| Date | Title | Details | ||
|---|---|---|---|---|
| May 31, 2024 | Department of State's Foreign Affairs Manual (FAM) | Individuals who enter the U.S. without inspection (commonly referred to as "entry without inspection" or EWI) are deemed inadmissible under this section. |
