Today we are publishing an article on the site about Section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act. This is the decision of a Customs and Border Protection official at airports and other ports of entry not to allow an individual into the United States because he/she does not have the proper visa. For visa holders, the CBP inspector revokes the visa with the inscription “22 CFR 41.122(e)(3)”.
While CBP does not provide a breakdown on the number of times it actually invokes this Section, it is clear that this number has escalated substantially under the Trump Administration. In 2017, the number of inadmissibility findings by CBP totaled 216,470. In 2019, that number increased to 288,523, a 33% jump. This number only relates to those who tried to enter the US legally – as a Visa Waiver Program participant or visa holder. When invoking 212(a)(7)(A)(i)(I), CBP sends these individuals back to their home country to apply for a visa, which may be difficult to obtain as a result. If the CBP inspector combines this determination with either an expedited removal and/or material misrepresentation decision, then the consequences are even more draconian – a bar from the United States.
If you believe that the CBP decision was wrong and would like to challenge it, or if you need assistance in applying for a new visa, please contact us.