Receiving a visa refusal under Section 212(a) of the Immigration and Nationality Act (INA) can feel like the end of the road. This section outlines a wide range of grounds for inadmissibility that can prevent someone from entering the United States—whether temporarily or permanently. However, not all refusals are final. In many cases, individuals who are found inadmissible may be eligible for a waiver that allows their application to move forward.
At Kasturi Law LLC, we help clients across Illinois challenge inadmissibility findings with carefully prepared legal strategies. If your visa has been refused under INA 212(a), you may still have options—especially if your case involves hardship, rehabilitation, or compelling circumstances.
Common Grounds for Inadmissibility Under INA 212(a)
Section 212(a) covers a wide range of reasons why someone may be denied a visa or green card. Some are straightforward, while others are more subjective and require deeper investigation.
The most common inadmissibility grounds include:
- Criminal convictions, especially involving moral turpitude, drug offenses, or multiple convictions.
- Immigration fraud or misrepresentation, such as using false documents or lying on a visa application.
- Unlawful presence in the U.S., especially overstays of more than 180 days or one year.
- Health-related grounds, including communicable diseases or lack of required vaccinations
- Security-related grounds, such as suspected ties to terrorist activity.
Each category carries its own rules, consequences, and possible remedies. Understanding which ground was cited—and whether it can be waived—is critical to moving forward.
Waiver Strategies That May Help You Move Forward
Not all inadmissibility findings are permanent. Depending on the ground cited, you may qualify for a waiver that allows the visa or green card application to proceed despite the issue.
Examples of waiver eligibility include:
- Waiver for criminal history under INA 212(h), which may be available if the offense occurred long ago, if you can show rehabilitation, or if denying the visa would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.
- Waiver for misrepresentation under INA 212(i), where applicants must show extreme hardship to a qualifying relative.
- Waiver for unlawful presence under INA 212(a)(9)(B)(v), which applies when a U.S. citizen or green card holder spouse or parent would suffer extreme hardship if the applicant is denied reentry.
Each waiver has specific documentation requirements and legal standards. The process is complex, and success often depends on how clearly the applicant’s story is told and supported by evidence.
Why Legal Representation Matters
Responding to a visa refusal under INA 212(a) is not something you should do alone. Many waivers involve proving “extreme hardship,” rehabilitation, or compelling reasons—concepts that are interpreted differently in each case.
An immigration attorney can help by:
- Identifying the correct waiver or remedy for your specific situation.
- Gathering supporting evidence that meets legal thresholds.
- Drafting persuasive affidavits and legal briefs.
- Responding to requests for evidence or consular questions.
- Preparing you and your family for the process and potential timelines.
A well-prepared waiver package can be the difference between moving forward—and starting over.
Let Kasturi Law Help You Overcome Inadmissibility
A visa refusal under INA 212(a) doesn’t always mean the door is closed. At Kasturi Law LLC, we help clients across Illinois fight back with waiver strategies built on experience, attention to detail, and a complete understanding of immigration law.
At Kasturi Law LLC, we serve immigration clients across Illinois, including those in Arlington Heights, Aurora, Champaign, Naperville, Schaumburg, and beyond. Attorney Shobhana Kasturi is available for in-person, phone, or Zoom consultations. Booking is easy: choose your preferred time and length—30- or 60 minutes—on our online calendar.
