Persons who at any time knowingly encourage, induce, assist and abet, or aid any other to try to enter U.S. in violation of the law are inadmissible. INA § 212(a)(6)(E)(i); [8 USC §1182(a)(6)(E)(i)]; 9 FAM 302.9-7; (formerly) AFM 40.6.2(e). This includes bringing in a minor child. But to be inadmissible, “the smuggler must act knowingly to encourage, induce, or assist an illegal alien to enter the United States.”
The smuggler “must be aware of sufficient facts such that a reasonable person in the same circumstances” might conclude that the acts resulted in an illegal entry and the smuggler “must act with intention” to achieve the illegal entry. “Therefore, belief that the alien was entitled to enter legally, although mistaken, would be a defense to inadmissibility.” 9 FAM 302.9-7(B)(3).
Often times alien smuggling inadmissibility affects parents when they are obtaining their permanent residency. If the parent entered the United States illegally with their child, or arranged for their child to be smuggled into the United States, then the parent would be found inadmissible for smuggling.
Waiver for Family Members Involved in Smuggling
A limited waiver exists for alien smuggling. In order to apply for the waiver, you must:
- be applying for a green card through a family-based petition (although fourth preference petitions are excluded); and
- the person smuggled must have been either your spouse, parent, son or daughter.
Other Arguments
Other arguments that can be used to avoid inadmissibility for alien smuggling include:
- The entry of the alleged smuggled person was legal, such as with a visa, or authorized by an officer at the port-of-entry
- The family member was not aware of smuggling
- The belief that the smuggled alien was entitled to enter the US legally, such as believing the child had residency or citizenship
Consult with an Irvine Immigration Attorney Today
Navigating the complexities of inadmissibility under 212(a)(6)(E) can be challenging, but with the right guidance, it is manageable. At Yekrangi & Associates, we have extensive experience helping individuals address issues related to smuggling allegations and other grounds of inadmissibility. Our team is here to offer support and guidance at every stage of the process. If you are facing inadmissibility under 212(a)(6)(E)or need assistance with any immigration matter, contact Yekrangi & Associates today.