Update to 9 FAM 40.103 International Child Abduction Inadmissibility Ground.

On April 10, 2015, U.S. Department of State Visa Office had published a new update to 9 FAM 40.103 (international child abduction as a ground for inadmissibility). 

The new guidance can be found here. 

9 FAM 40.103 N2 INADMISSIBILITY UNDER INA 212(A)(10)(C)

Note: Under INA 212(a)(10)(C), an alien is ineligible for a visa if the conditions in the law are satisfied. Post does not have discretion to decide not to apply the ineligibility. See 9 FAM 40.103 N7.2 below for guidance on when Advisory Opinions are necessary. 

9 FAM 40.103 N2.1

Elements for INA 212(a)(10)(C)(i) 
An alien is ineligible under INA 212(a)(10)(C)(i) if: 
(1) The child is a U.S. citizen; 
(2) A court in the United States has issued an order granting custody of the child to someone other than the alien; 
(3) The alien is detaining or retaining the child, or withholding custody of the child, from the person granted custody by the U.S. court order; and 
(4) The child is outside of the United States and in a country that is NOT a U.S. partner to the Convention. 

NOTE: INA 212(a)(10)(C)(i) does not require the child to have been taken out of the United States. Nor does it require the alien to have been in the United States.

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