In general, to be eligible for entry into the United States, a person must meet the definition of "admissible." There are several grounds for inadmissibility including being what is called "terrorist activities." These are specified in INA § 212(a)(3)(B) and commonly referred to as Terrorism Related Inadmissibility Grounds (TRIG). These include persons:
- Who have engaged in a terrorist activity
- For whom there are reasonable grounds to believe has engaged in or is likely to engage after entry in any terrorist activity
- Where there are circumstances indicating an intention to cause death or serious bodily harm
- Who have incited terrorist activity
- Who are a representative of a terrorist organization or a member of a political, social, or other group that endorses or espouses terrorist activity
- Who is a member of a designated terrorist organization
- Who is a member of an undesignated terrorist organization
- Who provides material support to a terrorist organization
- Who endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization
- Who has received military-type training from or on behalf of any organization that, at the time the training was received, was a terrorist organization; or
- Who is the spouse or child of an applicant who is inadmissible for terrorist activity, if the activity causing the applicant to be found ineligible occurred within the last five years.
No Waiver, but There are Some Exemptions
Unlike other grounds of inadmissibility, there is no waiver for inadmissibility for terrorist activities. That is, no Form I-601 can be filed. However, in limited circumstances, the immigration services provide exemptions. See here, for examples related to providing "material support" for terrorists.
Even though there is no waiver, it is possible to legally challenge the determination of inadmissibility. For example, if the immigration services claim that a person is a member of a terrorist organization, an applicant can argue that he or she was not a member of a terrorist organization. If the government alleges that the person is a member of an undesignated terrorist organization, then it should be argued that the undesignated terrorist organization is not, in fact, a terrorist organization.
Factors Considered and Standard of Proof
When considering legal challenges, the immigration services and courts will consider all the circumstances related to the determination of inadmissibility. These include:
- Proof related to terrorist activities including arrests and convictions
- The nature of the alleged terrorist organization including publicity and public statements
- Overt and public activities by the applicant and/or the alleged terrorist organization
- Specific facts about whether the person knew or should have known that the organization was a terrorist organization
- Specific facts about the person such as residence, profession, language ability and use, education, etc.
- Facts about person with whom the applicant has been associated and for how long
The burden and standard of proof is high when it comes to challenging a determination of inadmissibility due to terrorist activities. First, the burden is placed on the person seeking entry into the United States to rebut or challenge the determination.
Contact Yekrangi & Associates Today
For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today. You are not alone and we will fight for you. Yekrangi & Associates works to meet a higher standard. Our first goal is your satisfaction. Contact us at (949) 478-4963 to schedule a consultation or complete our convenient “Get Your Consultation” form here. We are located in Irvine, California.