People often search for this issue as INA 212a8A, 212a8A, Section 212a8A, or permanently ineligible for U.S. citizenship. These are shorthand references to INA § 212(a)(8)(A), which can make a person inadmissible if the person is permanently ineligible to citizenship, including ineligibility connected to INA 314 or INA 315.
INA 212a8A (INA 212(a)(8)(A)) — Permanently Ineligible for U.S. Citizenship
INA 212a8A (INA 212(a)(8)(A)) — Permanently Ineligible for U.S. Citizenship
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)(8)(A) Inadmissibility due to Immigrant Ineligible for Citizenship INA 314 or INA 315
Foreign nationals may be inadmissible for an immigrant visa if they are permanently ineligible for US citizenship.
Any immigrant who is permanently ineligible to citizenship is inadmissible.
How to obtain a determination that the 212(a)(8)(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.
How INA 314 and INA 315 relate to INA 212a8A
INA 212a8A is a citizenship-related inadmissibility ground that is triggered when a person is considered permanently ineligible to U.S. citizenship. In practice, this ground is often discussed in connection with INA 314 and INA 315.
- INA 314 is commonly referenced in cases involving citizenship ineligibility based on certain military service or draft-related issues.
- INA 315 is commonly referenced in cases involving citizenship ineligibility based on seeking or receiving certain exemptions from military service and related consequences.
Because INA 212a8A is record-driven, the key first step is identifying which specific basis is being cited (INA 314 vs INA 315) and what government record or determination is being relied on.
Frequently asked questions about INA 212a8A (212(a)(8)(A))
What is INA 212a8A?
INA 212a8A (INA 212(a)(8)(A)) is an inadmissibility ground that can apply when the government considers a person permanently ineligible for U.S. citizenship, including ineligibility connected to INA 314 or INA 315.
How does someone become “permanently ineligible for U.S. citizenship”?
This is a fact-specific determination that typically depends on the underlying statutory basis and the person’s records. Many cases involve a cited basis under INA 314 or INA 315.
What is the difference between INA 314 and INA 315?
INA 314 and INA 315 are different statutory bases that can relate to permanent ineligibility to citizenship in certain situations. The correct analysis depends on which provision is cited and what the record shows.
Does INA 212(a)(8)(A) require a criminal conviction?
No. This is not a conviction-based ground. It is typically based on a citizenship ineligibility determination reflected in government records.
Can INA 212a8A be overcome?
Strategy is fact-specific and often focuses on clarifying what statutory basis is being cited, correcting inaccuracies in the record, and addressing the underlying determination with documentation.
What evidence helps in 212(a)(8)(A) cases?
Helpful evidence often includes a clear timeline, copies of relevant records, and documentation that addresses the specific INA 314 or INA 315 basis the government is relying on.
News Related to INA § 212(a)(8)(A)
| Date | Title | Details | ||
|---|---|---|---|---|
| January 24, 2025 | USCIS Policy Manual | U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to provide detailed guidance on the inadmissibility of immigrants who are coming to the United States to practice polygamy. | ||
| February 23, 2024 | Department of State's Foreign Affairs Manual (FAM) | The Department of State's FAM offers guidance to consular officers on the inadmissibility of immigrants who are coming to the United States to practice polygamy. |
