212(a)(7)(A)(i)(I) – What To Do If You Are Turned Around at the Airport and Sent Home

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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…

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FAQ on New Birth Tourism Rules

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The Trump Administration announced new rules regarding birth tourism, which took effect on January 24, 2020.  Already, misinformation has cropped up. So to provide some clarity, the below FAQ is provided: Whom do the new rules affect? They only affect applicants for B visitor visas; they do not impact current holders of visas nor citizens of  Visa Waiver Program countries who can enter the US without a visa. May current holders of visas and those who hold passports from Visa Waiver Program countries enter the United States to give birth? The Department of Homeland Security, which include Customs and Border Protection inspectors at ports-of-entry, has not announced any new policies or reinterpretations of allowing entry for those who enter to give birth.  In the past inspectors permitted women to enter the US to give birth as long as they could show the ability to cover the cost of birth.  However,…

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Visa Myth #981 – “If I get a 2nd Passport, My US Visa Problems will be Solved.”

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This myth has been going around for years – no doubt perpetuated by representatives of 2nd passport programs.  A national of Country X has US visa problems – because of a criminal incident 20 years ago making him inadmissible to the US.  He decides to obtain a passport from a European Union country by making a very substantial investment.  Because he has been told that nationals of his new country are eligible for the Visa Waiver Program (VWP) – a program that allows for travel as a tourist or business visitor to the US for up to 90 days without a visa, with no visa interview required – he is under the impression that he should qualify too.  Until he reads the fine print – or consults with a US immigration lawyer. Before boarding a flight to the US without a visa, citizens of VWP countries pre-register with the US…

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