People often search for this issue as INA 212a6D, 212a6D, Section 212a6D, or stowaway inadmissibility. These are shorthand references to INA § 212(a)(6)(D), which applies to individuals who arrive in the United States as stowaways.
This ground is generally applied based on the manner of arrival (as a stowaway) rather than during a standard visa application.
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.
Foreign nationals may be inadmissible if he or she is a stowaway.
Any alien who is a stowaway is inadmissible.
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.
A “stowaway” is a defined term in immigration law. In general, it refers to a person who obtains transportation to the United States by secretly boarding or hiding on a vessel or aircraft without the consent of the carrier and without being properly documented or admitted through normal inspection procedures.
Because the stowaway ground focuses on the manner of arrival, these cases are usually handled at the border/port of entry. The key issue is whether the government classifies the person as arriving as a stowaway based on the facts and records of arrival.
INA 212a6D (INA 212(a)(6)(D)) is the stowaway inadmissibility ground. It applies to individuals who arrive in the United States as stowaways.
Typically, no. This ground is generally applied based on the manner of arrival (arriving as a stowaway) rather than during a standard visa application.
A stowaway generally refers to a person who obtains transportation to the United States by secretly boarding or hiding on a vessel or aircraft without being properly documented or admitted through normal inspection procedures.
Options depend on the facts and the person’s immigration posture. Because this ground is uncommon and arrival-based, the first step is identifying the classification and the agency process involved.
The next steps are highly fact-specific. Start by building a clear arrival timeline and collecting any records related to the manner of travel and inspection, then pursue the appropriate process based on the case posture.
| Date | Title | Details | ||
|---|---|---|---|---|
| May 31, 2024 | Department of State's Foreign Affairs Manual (FAM) | The Department of State's FAM offers guidance to consular officers on determining visa ineligibilities due to the inadmissibility of individuals who arrive in the United States as stowaways. | ||
| October 25, 2016 | USCIS Policy Manual | U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to provide detailed guidance on individuals who arrive in the U.S. as stowaways. |
