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At our immigration law office in Edison, New Jersey, we have been seeing a troubling increase in visa denials at U.S. consulates abroad based on allegations of alien smuggling. These accusations can come as a complete shock to applicants—many of whom have no criminal history and no intent to violate immigration laws.
If you are living in Edison or anywhere in New Jersey and have been affected by a visa denial alleging alien smuggling, it is important to understand what this means and how an experienced New Jersey immigration attorney can help.
Under INA § 212(a)(6)(E), an individual is considered inadmissible if they knowingly encouraged, assisted, or aided someone in entering the United States unlawfully. While this law is meant to target serious smuggling activity, we have noticed an alarming trend of this ground being increasingly being applied to innocent or misunderstood actions—especially during visa interviews at U.S. consulates.
Let’s consider a scenario we have been seeing more than once recently at our Edison, NJ immigration law firm: An immigrant visa applicant attends a consular interview abroad. The officer accuses the applicant of alien smuggling because he sent money to his adult son living in the United States. The son had previously entered the U.S. without inspection, but the father was unaware of this at the time of entry. The funds were sent more than a year later to help with daily living expenses. Even though the parent had no role in the adult child’s entry, the officer can claim that the financial support constitutes “assistance,” and attempt to deny the visa under the alien smuggling ground. Situations like this demonstrate how consular officers can misapply alien smuggling charges beyond what they were originally intended to address, leaving families separated, and applicants classified as inadmissible based on weak or inaccurate evidence or defective legal grounds.
Fortunately, in some cases, a waiver is available under INA § 212(d)(11), but only if specific conditions are met. The applicant must prove:
As experienced family immigration lawyers in New Jersey, we regularly help clients build strong waiver applications, including affidavits, legal arguments, and hardship documentation.
If a waiver is not available, the alien smuggling allegation must be challenged directly. This is especially important when the facts have been misunderstood or the accusation is not legally supported. Otherwise, the intending immigrant will be considered permanently ineligible.
In these types of situations, our Edison-based immigration attorneys will:
A well-documented challenge can lead to the reversal of an alien smuggling finding, avoiding unnecessary waivers and delays.
Alien smuggling is one of the most misunderstood and harshly applied grounds of inadmissibility. It can prevent you from reuniting with family, applying for a green card, or ever entering the U.S. again. It has often been applied in consulates in Mexico but now also in other countries including Mumbai, India.
At our immigration law firm in Edison, NJ, we understand the nuances of these cases and have helped numerous New Jersey families fight back against unjust consular denials. We can help you:
If you or a loved one in Edison or greater New Jersey has been accused of alien smuggling during a visa process, don’t wait to seek legal help. These allegations can have long-lasting consequences if not addressed quickly and properly.
Contact our Edison immigration office today to schedule a consultation. We have helped families in Edison, Woodbridge, Iselin, Jersey City, Newark and throughout New Jersey contest visa denials based on alien smuggling and related grounds of inadmissibility. We will review your situation, explain your options, and help you take the next step toward keeping your family together.