Posts tagged “Section 212(a)(6)(C)(i)”

When one thinks of visas and visa processing, the first US government entities that come to mind are the embassies and consulates outside the United States. These embassies and consulates are under the domain of the Department of State; the visa officers that the applicant meets are employees of the Department of State. And it is true that the overwhelming majority of visa applications are resolved on-the-spot by these visa officers, called consuls. But with the proliferation of US government agencies and each agency having its finger in the “visa pie,” it is more and more likely that other agencies will be involved in the process, be it HSI, FBI, DOT, DEA. What are these abbreviations? What is this alphabet soup? And how do they impact the visa applicant? I am glad you asked.

Embedded inside many US embassies and consulates abroad are officers of Immigration and Customs Enforcement Homeland Security Investigations (ICE HSI). They screen more than 1 million visa applicants a year at 44 visa issuing posts in 29 countries as part of its Visa Security Program (VSP). This is a parallel apparatus working alongside consular officers. These agents are extremely active in conducting investigations and compiling reports on individuals, called ROIs – Reports of Investigation. They enter inadmissibility determinations to ensure that applicants do not receive visas. ICE HSI findings of misrepresentations (212(a)(6)(C)(i)), unlawful activity (212(a)(3)(A)(ii)), and terrorism (212(a)(3)(B)) are common.

Recently, a report was published chronicling the number of foreign citizens found to be inadmissible to the United States. While much attention is given to the US-Mexico border, more than half of the 1.2 million inadmissibility findings for fiscal year 2024 relate to other ports of entry. One of the report’s most stunning findings relates to the exponential growth in the number of individuals who have withdrawn their application for entry: from about 50,000 in 2019 to nearly 200,000 in 2024. While the term “withdraw an application” sounds benign, it can be traumatic - with long-term consequences.

According to the report, the most common ports of entry for these findings of inadmissibility are in Buffalo, Seattle, and Boston. Chicago O’Hare is another airport with a reputation for having a rigorous enforcement mentality. The most common home countries for individuals who have withdrawn their applications for entry include Canada, India, China, France, and Mexico.