Has anyone ever been able to overcome a denial under INA 212(A)(3)(a)(ii)
Posted Sat, 03/05/2011 - 23:05 by evelynalas
My husband was denied a visa under 212(a)(3)(a)(II) last year and this year was given another interview and again the consulate in el salvador is denying him because of his tattoos. he has the letters E S, a clown, the el salvador flag shield. he has no criminal record. he was caught with a fake ID here in the US which he used to work.
the embassy is just looking at his tattoos and they are saying he belongs to the MS13 gang.. hes never been a part of a gang.
does anyone gone through this or can this be reversed or appealed
Comments
Inadmissibility Under 212(a)(3)(a)(II)
Thank you for posting your question. This seems like a very tough case. The problem with a denial under 212(a)(3)(a)(II) is that there is no waiver available. Its difficult to say whether or not this is something that could be overcome in a future application without knowing precisely why the consular officer thinks he is a gang member or whatever. The consular official must have a reasonable basis for this conclusion but it is very difficult to challenge the reasonableness of a consular officials decision and it cannot be appealed.
It sounds like he may also have some other inadmissibility issues related to his use of a fake ID and unauthorized employment in the U.S. He would also need to overcome this potential ground of inadmissibility as well even if the alleged gang issue could be resolved.
This is a very difficult case and maybe one that nothing can be done about. In order to find out if this can ever be approved you probably need to retain an immigration attorney to thoroughly review the case and determine if there are any options.
Best of luck to you.
My visa was denied under the code 212(A)(3)(A)(II)
Hi,I'm Alejandro and a month ago I had my interview at CD.Juarez, well at my interview my visa was denied under this code 212(A)(3)(A)(II)because when I was 14 I got arrested twice for being in stolen vehicles. I had 3 felonies and 2 misdemeanors, since then I haven't committed any crimes. But the people who I got arrested with, they were involved with gangs. So the officer gave me a charge for gang involvement. At my interview, the officer that was interviewing me ask me if I had ever gotten arrested? And my notary told me that the charges I committed were not going to appear in my record because I was a minor. So I told him that I didn't. He got mad and he asked me again and I told him the same thing until he told me that I did got arrested before. In that moment my heart froze and I said to him that I did. So he gave me another appointment date. I went to my new interview and he asked me the same question and I told him that I did got arrested before and I apologize to him for lying, but then he asked me if I was involved with gangs because I had a charge involving that, I told him that I wasn't but he didn't believe me. Then he told me that He needed my police arrest reports from my arrests and the court documents regarding my charges for conspire to commit crime and participate in criminal street gang. But I was never in a gang or had never gotten arrested for being in a gang. Im 17 now and I live in mexico. And as you know my record is going to erase when I turn 18. Plus I did all this when I was a minor So I believe is not suppose to affect me. But it is? I lived 6 years in California, and I enter the US with a visa B-2. All my family lives in the US except me, my sister and mom. My family, mom and sister are legal residents except me :( My mom and my little sister need to be over there or else they could loose their residents visa, but they cant leave me here because Im disabled. I had an accident couple months ago and I cant 'walk' and I have no family here to stay with. So you think this could be reversed or appealed? PLEASE HELP ME! I would really appreciated Thank you for your time.
ps
This happen on Jan 4 2012,
Also The immigration officer send me a letter after he received through DHL all my charges of my arrests. He replied through DHL telling me my visa was denied under the code 212(A)(3)(A)(II) this happen on Feb 14 so is not that long ago. Well I hope you can help me because I know there is something I can do.