Ineligible for a visa under Section 212

July-20th-2006, 02:31 PM

Someone please help me.

My wife just recently received a letter from the embassy stating she's ineligible for a visa under Section 212 (a)(5)(A)- Her relationship with the petitioner (me) does not satisfy the legal requirements for immigration benefits.

I crossed referenced the section number under the Immigration and Nationality Act (INA) with the USCIS website to read more on it. To come to my surprise, the section number has no relation with the letter. INA Section 212(a)(5)(A) is about Labor Certification- any member who wishes to perform a skilled or unskilled labor in the states is admissable.

I don't understand it. My wife isn't getting petitioned for employment. Is there anyone who knows anything about this?

I called the State Department for a visa specialist and even they are confused. They think it could be a typo. They advised me to call the embassy, but all I get is the answering machine. On top of that the Visa Call Center is no help whatsoever.

July-20th-2006, 08:35 PM

I've had the same situation happen to me. At the time I didn't have an attorney, but I have one now for my spousal visa. I explained that situation to my attorney, and she told me that the labor certification has NOTHING to do with the visa I applied for, and therefore illegal to use that as reason for denial. According to my attorney, I could have received another interview, and the first interview voided.

July-20th-2006, 02:31 PM	#1 (permalink)
f_torralba2000 Guest Posts: n/a	Ineligible for a visa under Section 212 Someone please help me. My wife just recently received a letter from the embassy stating she's ineligible for a visa under Section 212 (a)(5)(A)- Her relationship with the petitioner (me) does not satisfy the legal requirements for immigration benefits. I crossed referenced the section number under the Immigration and Nationality Act (INA) with the USCIS website to read more on it. To come to my surprise, the section number has no relation with the letter. INA Section 212(a)(5)(A) is about Labor Certification- any member who wishes to perform a skilled or unskilled labor in the states is admissable. I don't understand it. My wife isn't getting petitioned for employment. Is there anyone who knows anything about this? I called the State Department for a visa specialist and even they are confused. They think it could be a typo. They advised me to call the embassy, but all I get is the answering machine. On top of that the Visa Call Center is no help whatsoever.

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July-20th-2006, 08:35 PM	#2 (permalink)
tdsii Guest Posts: n/a	I've had the same situation happen to me. At the time I didn't have an attorney, but I have one now for my spousal visa. I explained that situation to my attorney, and she told me that the labor certification has NOTHING to do with the visa I applied for, and therefore illegal to use that as reason for denial. According to my attorney, I could have received another interview, and the first interview voided.