US visa restrictions under INA section 212(a)(3)(C)
- Legal basis
- INA section 212(a)(3)(C), 8 U.S.C. 1182(a)(3)(C) 1
- Standard
- Reasonable ground to believe entry would have potentially serious adverse foreign policy consequences 1
- Waiver
- The Foreign Affairs Manual says no waiver is available. The ineligibility applies only to current circumstances 3
- Visa records
- Confidential under INA section 222(f), 8 U.S.C. 1202(f), with listed exceptions 2
What the statute says
Clause (i) of 8 U.S.C. 1182(a)(3)(C) reads: "An alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is inadmissible." 1
The clause sits in the list of grounds of inadmissibility in INA section 212(a). It is known as the foreign policy ground 1,3. Clauses (ii) to (iv) limit its use 1.
- Clause (ii): a foreign government official, or a candidate for foreign government office in the period before the election, may not be excluded solely for past, current or expected beliefs, statements or associations that would be lawful in the United States 1.
- Clause (iii): other foreign nationals get the same protection, except where the Secretary of State personally determines that admission would compromise a compelling United States foreign policy interest 1.
- Clause (iv): after a clause (iii) determination, the Secretary of State must notify the chairmen of the House and Senate Judiciary and foreign affairs committees of the person's identity and the reasons 1.
Who decides and how it is applied
The statute gives the judgment to the Secretary of State 1. State Department guidance at 9 FAM 302.14-2 says the provision "allows the Secretary of State to exclude, under certain circumstances, any applicant" whose entry or proposed activities would have such consequences 3.
The same guidance says no waiver is available for immigrant or nonimmigrant applicants. It adds that the ineligibility applies only to current circumstances 3. Consular officers are told to report such refusals promptly to the Department 3.
Are the names published?
INA section 222(f), 8 U.S.C. 1202(f), says State Department and consular records "pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential" 2. The law lists exceptions. The Secretary of State may give certified copies to a court in a pending case. The Secretary may share lookout data with foreign governments on a reciprocal basis for set purposes 2.
Practice varies by announcement. The State Department releases of 6 March 2026 on the Great Lakes region and 18 June 2026 on Ethiopia named no individuals 4,5. The release of 28 September 2026 on the Western Hemisphere named individuals in Bolivia, Colombia, Ecuador and Peru and said some visas had been revoked 6.
Family members
Clause (C) of the statute does not mention family members 1. Individual policies set their own scope. The 6 March 2026 release said certain family members may be covered by the restrictions 4. The 18 June 2026 release covered hardline members of the TPLF "and their immediate family members" 5. The 28 September 2026 release extended its policy to immediate family members 6.
What the measure does not do
The text of 8 U.S.C. 1182(a)(3)(C) addresses entry and proposed activities in the United States 1. The three State Department releases reviewed for this page describe visa and entry restrictions. None of them announces a freeze of property or a bar on transactions 4,56.
Asset freezes are imposed under other authorities. The Congressional Research Service noted in April 2020 that E.O. 13818, the Global Magnitsky order, "freezes assets of" and "blocks transactions with targeted individuals" 7.
Examples of policies announced under 212(a)(3)(C)
| Date | Policy | Countries named | Family members | Source |
|---|---|---|---|---|
| 6 March 2026 4 | Restrictions on senior Rwandan officials and others undermining peace in the Great Lakes region 4 | Rwanda, Democratic Republic of the Congo 4 | Certain family members may be covered 4 | 4 |
| 18 June 2026 5 | Restrictions on people undermining resolution of the crisis in the Tigray region 5 | Ethiopia 5 | Immediate family members of hardline TPLF members 5 | 5 |
| 28 September 2026 6 | Restrictions on people undermining democratically elected governments through corruption or narcotrafficking 6 | Bolivia, Colombia, Ecuador, Peru 6 | Immediate family members 6 | 6 |
Common questions
Does a 212(a)(3)(C) visa restriction freeze assets?
The statute addresses entry to the United States 1. The State Department releases reviewed here announce no asset freeze 4,56. CRS describes asset freezes under the Global Magnitsky order, E.O. 13818, as a separate measure 7.
Will the State Department say who is restricted?
Visa records are confidential under 8 U.S.C. 1202(f), with exceptions for courts and some foreign governments 2. Some policy releases name no one 4,5. The 28 September 2026 release named individuals 6.
Can a 212(a)(3)(C) ineligibility be waived?
The Foreign Affairs Manual at 9 FAM 302.14-2 says no waiver is available. It says the ineligibility applies only to current circumstances 3.
Can a person be barred for political views under this ground?
Foreign officials and candidates cannot be excluded solely for lawful beliefs, statements or associations. Other people can be excluded on that basis only if the Secretary of State personally finds a compelling foreign policy interest, with notice to Congress 1,3.
Rules and fees change. Check the official site linked above before you apply or pay. Spotted an error? Email [email protected] with the official link.
Sources
- U.S. Government Publishing Office: 8 U.S.C. 1182, Inadmissible aliens (United States Code, 2023 edition)
- U.S. Government Publishing Office: 8 U.S.C. 1202, Application for visas (United States Code, 2023 edition)
- U.S. Department of State: 9 FAM 302.14, Ineligibility based on sanctioned activities, INA 212(a)(3)(C), INA 212(f), 7031(c) and Global Magnitsky (Foreign Affairs Manual, accessed 20 October 2026)
- U.S. Department of State: Announcement of Visa Restriction Policy Targeting Individuals Undermining Peace in the Great Lakes Region (6 March 2026)
- U.S. Department of State: Announcement of Targeted Visa Restrictions for Individuals Involved in Undermining Peace in Ethiopia (18 June 2026)
- U.S. Department of State: Visa Restrictions for Foreign Nationals Undermining Democratically-Elected Governments in Western Hemisphere Countries (28 September 2026)
- Congressional Research Service: IF10905, FY2020 Foreign Operations Appropriations, Targeting Foreign Corruption and Human Rights Violations (17 April 2020, text via EveryCRSReport)
Related
- Section 7031(c) designations explained
How Section 7031(c) of the annual State Department appropriations act bars officials and their families from US entry and how it differs from OFAC.
- OFAC sanctions explained
What OFAC sanctions are, the legal basis under IEEPA, the SDN List, blocking, the 50 percent rule, licenses and how delisting works.
- Global Magnitsky sanctions explained
The Global Magnitsky Act of 2016 and Executive Order 13818: who can be designated, what designation does, and examples from Treasury releases.
- How to check a name against US, UK, EU and UN sanctions lists
Where to search OFAC, UK, EU and UN sanctions lists, how fuzzy matching works, what a match means, and why visa records cannot be searched.
- US government measures concerning South Sudan: a dated record
Dated record of US visa restrictions and OFAC sanctions concerning South Sudan, with the 12 May 2026 State Department release and how to check a name.