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  1. #1
    Join Date
    Dec 2009
    Location
    Holland
    Posts
    2

    Default Denied Entry Because of 212(A)(3)(B)

    Suprised and convinced this must be a mistake I was denied boarding at Schiphol to a flight to New York. I am travelling to teh USA from 1980 on several times a year. My last visit was in february 2005 and in october I was leaving to New York for an conference.
    Denied by a consular officer and told that I had to go to the consular and request a visa.
    By the way I am dutch citizen. In febr 2006 went to the consular in Amsterdam. They took fingerprints to check.
    In 2006 got a denial letter and requested a renewal of the procedure.
    The consular officer called me in 2007 if I was still interested to go to the usa. Later the consul called me to request more financial info. I gave them all requested info. In july 2009 I again received a standard letter with reasons that my request was denied due to article 212 (a)(3)(b).
    I have no criminal record, never been arrested, I have no tickets etc.
    How to go on in this very unfair process???

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Denied Entry Because of 212(A)(3)(B)

    Your exclusion is on terrorism-related grounds. You're going to be in a better position to figure out the rationale than we are. I expect that this will be very difficult for you to overcome.
    Quote Quoting INA 212(a)(3)(B)
    (a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
    * * *
    (3) Security and related grounds. -
    * * *

    (B) Terrorist activities -
    (i) IN GENERAL. - Any alien who -
    (I) has engaged in a terrorist activity,

    (II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv));

    (III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity;

    (IV) is a representative (as defined in clause (v)) of -
    (aa) a terrorist organization (as defined in clause (vi)); or

    (bb) a political, social, or other group that endorses or espouses terrorist activity;
    (V) is a member of a terrorist organization described in subclause (I) or (II) of clause (vi);

    (VI) is a member of a terrorist organization described in clause (vi)(III), unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization;

    (VII) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization;

    (VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization (as defined in clause (vi)); or

    (IX) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years, is inadmissible.
    * * *

  3. #3
    Join Date
    Dec 2009
    Location
    Holland
    Posts
    2

    Default Re: Denied Entry Because of 212(A)(3)(B)

    Thanks for your answer. But how to go on>???
    Normann

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Denied Entry Because of 212(A)(3)(B)

    Talk to an immigration lawyer. We have no way of investigating this for you.

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