How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29025
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith Ludwic is online now
A new question is answered every 9 seconds

What does 22 CFR 41.121(h)(3)/(4) of the INA means? Me and

Customer Question

Hi there what does 22 CFR 41.121(h)(3)/(4) of the INA means?
JA: Thanks. Can you give me any more details about your issue?
Customer: Me and my son was recently denied an entry to the us
JA: OK got it. Last thing — Immigration Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

22 CFR 41.121(h)(3)/(4) of the INA

This is the section of the immigration regulations that relates to the refusal of a visa to enter the US.

If a consular officer is under the belief that you are ineligible for a visa based on grounds of inadmissibility they have authority under 22 CFR 41.121(h)(3)/(4) of the INA to refuse issuing a visa.

https://www.law.cornell.edu/cfr/text/22/41.121

Under this section of the law the consular officer is also required to inform you of the reason for the refusal. The most common reason for refusal is 8 CFR 214(b) - not having satisfied the consular officer that you do not have an immigrant intent and that you will not return to home country at the end of your visit.

Other grounds for refusal are national security, criminal convictions, previous unlawful presence, etc.

So there are many, many grounds for a visa to be refused but the section you refer to is the authority of a consular officer to refuse a visa.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
How early can we apply for a visa? Can we enter under a visa waiver?
Expert:  Judith Ludwic replied 1 year ago.

Cayman Islands does not qualify under the visa waiver program.

You must apply for a visitor visa.

You may apply anytime but it is usually recommended to apply perhaps 2 months before you want to buy your airline ticket.

Cayman residents must apply for their visa in Kingston

http://kingston.usembassy.gov/cayman_applicants.html

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
We have Cayman islands passport. And my son had already used a waiver before he got a us visa. My question is if ever we get a waiver are we going to be denied entry again because of the previous denial or entry??
Expert:  Judith Ludwic replied 1 year ago.

Perhaps we are not on the same page.

There is the visa waiver program for certain countries which allows their citizens to enter the US without a visa for up to 90 days.

Then there are waivers for grounds of inadmissibility which need to be approved before one can be given a visa.

Then there are also situations where one would attempt to travel to the US without a proper visa and the Customs can accept and approve an application for entry in absence of having a proper visa.

I don't understand your situation and what you are asking.

I need more facts.

Was he issued a waiver of inadmissibility?

Was he allowed to enter the US without a proper visa?

Was he denied entry or was he denied a visa in the past.

Judith

Customer: replied 1 year ago.
I guess not. He was not issued waiver for inadmissibilty. He was not denied an entry or denied visa in the past. He has used a waiver the first time we travelled to the us and the got his visa. He is only 5 yrs old.. So i dont understand what you said that Cayman Islands does not qualify under a visa waiver program.
Expert:  Judith Ludwic replied 1 year ago.

Here is a list of the visa waiver countries and Cayman is not on it. I don't think we are talking about the same thing.

http://travel.state.gov/content/visas/en/visit/visa-waiver-program.html

Your son must apply for a visa to come to the US.

http://www.cbp.gov/travel/international-visitors/visa-waiver-program

Many years ago, back in the 90s residents of Caymans and Bahamas and Bermuda were allowed to enter without a visa using their birth certificate and ID. That is no longer the law. Maybe that is what you are referring to.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
That was just 4 years ago if im not mistaken. I guess thats not the case anymore. I just wanted to confirm that we can apply in the next 6 months?
Expert:  Judith Ludwic replied 1 year ago.

Yes, you can apply in the next 6 months.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith Ludwic replied 1 year ago.

May I answer anything additional for you to earn you rsatisfaction. I strive to give good customer service and comprehensive answers.I feel I have failed you. Please tell me what additional information would be helpful.
Judith