Our client was recently approved for the I-601 Application for Waiver of Grounds of Inadmissibility we prepared and submitted on his behalf, after he was deemed inadmissible by the U.S. embassy in London, United Kingdom, under INA Section 212(a)(2)(A)(iii).
INA 212(a)(2)(A)(iii) deems an alien inadmissible if he/she is determined:
(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others; or
(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior;
In other words, this inadmissibility ground can be divided into two subcategories:
- Current physical or mental disorders, with associated harmful behavior.
- Past physical or mental disorders, with associated harmful behavior that is likely to recur or lead to other harmful behavior.
It is important to note that there must be both a physical or mental disorder AND harmful behavior to make an applicant inadmissible based on this ground. Neither harmful behavior nor a physical/mental disorder alone renders an applicant inadmissible on this ground. Harmful behavior is defined as behavior that may pose, or has posed, a threat to the property, safety, or welfare of the applicant or others.
On our client’s behalf, we prepared a comprehensive waiver application including an in-depth legal and factual discussion of INA 212(a)(2)(A)(iii) as it applies to the applicant. We presented and discussed medical evidence that demonstrates our client has no physical or mental disorder whatsoever. We presented and discussed evidence that shows our client has in fact never exhibited any type of behavior which can be deemed “harmful.” We also put forward evidence that demonstrates our client’s good moral character and complete absence of behavior that poses any risk of harm to himself or to others.
We furthermore instructed our client to locate a U.S.-based health care provider and obtain their consent to evaluate the applicant upon his admission to the U.S. (as well as to provide any care and treatment should it be deemed necessary). This was done to obtain the favorable exercise of discretion of the U.S. Center for Disease Control, which has jurisdiction to review waiver cases involving INA 212(a)(2)(A)(iii).
As a result of our efforts, our client was approved for the I-601 waiver and his now able to join his loved one inside the United States and pursue U.S. lawful permanent residence.