Modi visa denial – Facts

I wanted to contribute to the discussion on Churumuri on visa denial to Modi.

First thing, visa denial happened in year 2005 under 212 (a) (2) (g) of Immigration and Nationality Act. As per the act the visa denial is final and will never be revoked. So why was Coalition against Genocide wanted to know if Modi is being visa again. Is it because someone did not read the act?

The above provision in the act was never applied to any individual before Modi became the first individual to get barred. Modi may seem as a lesser evil to his supporters who get ired by this fact that when dictators have made it to US why not Modi? Probably that is a moot question. Because this particular section in the act is applicable only to those who violated others religious freedom.

Section §212(a)(2)(G) of the INA, which was first enacted in 1998, has never been invoked against a public official prior to the decision to revoke Mr. Modi’s visa. It maintains that an individual is inadmissible to the United States if “while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedoms.” Violations of religious freedoms are defined by the International Religious Freedom Act, as any of the following acts committed on account of an individual’s religious belief or practice: “detention, interrogation, imposition of an onerous financial penalty, forced labor, forced mass resettlement, imprisonment, forced religious conversion, beating, torture, mutilation, rape, enslavement, murder and execution.

So Modis rejection can not be compared to a dictator getting visa. Further supporters may also take offense, that Modi did not do any of the act barred by International Religious Freedom Act as mentioned above. This too is moot question. Immigration officers are permitted to act on reasonable belief and can not spend too much of time on individual cases and generally err on the safer side. Those who have applied to US visa know this fact. There are so many individuals who should have got the visa but were denied because even the slight suspicion can go against the individual getting the visa. Getting a visa when you have all the correct documents is a chance outcome.Not getting a visa in no way can be construed as proclamation of guilt because consulate does not do hearing!!! In fact only way forward for Modi was requesting a waiver which can be granted by department of state. But to do that Modi has to admit the guilt and since he doesnot want to admit guilt he is not requesting a waiver!!

Tags: asmita, Churumuri, gujrath, Modi