Inadmissibility Series I: INA § 212(a)(6)(C)(i) Fraud or Misrepresentation

Inadmissibility Series INA § 212– Part I

INA § 212(a)(6)(C)(i) Fraud or Misrepresentation

Section 212 of the Immigration and Nationality Act of 1952 lists a series of classes of foreign nationals who are inadmissible to the United States.  Some classes are complete bars and others allow specific types of waivers of inadmissibility.  If you are attempting to enter the Unites States or are already in the United States and you are inadmissible then you will be barred from receiving immigration benefits such as a visa or green card.  There are many ways a foreign national may be deemed inadmissible.  The three most common ways are when he or she applies for a visa at a US Consulate, attempts to enter the US with a visa or applies for an immigration benefit while in the United States.  In making one of these types of immigration applications, an immigration officer can make a determination that the foreign national’s past actions make him or her inadmissible or ineligible for benefits.

If an immigration officer determines that you are inadmissible then you have two options to overcome the determination.  You can either challenge the determination of inadmissibility or apply for a waiver of inadmissibility if the law allows.  In many cases. challenging the determination of inadmissibility is the only option because the foreign national is either not eligible for a waiver or the law does not offer a waiver.

INA § 212(a)(6)(C)(i) Fraud or Misrepresentation

In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

Waiver of Inadmissibility for an Immigrant Visa due to Fraud or Misrepresentation

There are two sections of law which allow a foreign national to apply for a waiver of inadmissibility where he or she is ultimately applying for an immigrant visa or permanent residence (green card).

INA § 212(i) – The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien 25b/ or, in the case of a VAWA self-petitioner 6aa/ , the alien demonstrates extreme hardship to the alien or the alien’s United States citizen, lawful permanent resident, or qualified alien parent or child.

INA § 237(a)(1)(H) – The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 212(a)(6)(C)(i), whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 212(a) which were a direct result of that fraud or misrepresentation.

Waiver of Inadmissibility for a Nonimmigrant Visa due to Fraud or Misrepresentation

INA § 212(d)(3) – Except as provided in this subsection, an alien (i) 20b/ who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (ii) 20b/ who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

If you have been determined to be inadmissible, we can help you overcome the determination or obtain a waiver

Many people who are faced with a inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again.  This is simply not true.  For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination.  We have successfully helped many clients who were determined to be inadmissible and we can assist you.  We believe that with the right approach, there is always a hope to win your case.

77 Responses

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  1. Written by vianey
    on March 21, 2013 at 10:05 pm
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    my mom had her interviewed on march 1 but was found inadmissable to enter the us section 212(a)(6)(C)(i) so now I dont know if we can file for i601??

  2. Written by Veronica
    on March 27, 2013 at 9:49 am
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    My Husband had his interview. on January 15th they send us this Section 212 (a) (6) © that by fraud or fraudulente representation received or tried to get an immigration benefit of the United States.I dont know what to do next I miss him so much i. Dont like this immigration laws

  3. Written by erika gabriel
    on March 30, 2013 at 4:53 pm
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    i recently was found inadmissable under section 212(a)(6)(c)(i), on february 15 2013, for lying about never being in the us , i was there between october 1996-2004, went back in 2007, for my son’s wedding, that is when the the falsify the information, i have two us citizen children, and one permanent resident, can i file the I-601 form?

  4. Written by waiver of 212(a)(6) (c) I
    on March 30, 2013 at 8:21 pm
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    It is possible I would be help for waiver under 212 (a) (6) (c) I

  5. Written by Ronnie
    on April 1, 2013 at 10:28 pm
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    My fiance is not a US citizen. In 2008, she entered the US on a tourist visa. She worked. She was paid cash out of someone else’s paycheck so didn’t have fake papers. She did not overstay her tourist visa. It’s been nearly five-years since she stopped working and left the US. What is the likelihood that an examiner would ask her about what she was doing in the US prior to the five-year period, given that she wouldn’t have to declare it on the G-325A? I understand the 3- and 10-year bans would not apply yet there’s a misrepresentation because that she entered under the pretense of tourism.

  6. Written by AFIA
    on April 2, 2013 at 12:55 pm
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    my fiance went for interview and was given section 212(a)(6)c1 and next year i will be a citizen so can i file waiver 1-601 for him . please email me

  7. Written by Kay
    on May 8, 2013 at 2:01 am
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    Dear Sir,

    I try to ge B/B2 to visit my son in the United States. However, my visa applicaiton has been denied for 4 times due to 212(a)(6)c i. My question is whether I can apply a waive for my B1/B2 visa.

  8. Written by obaa afia
    on May 29, 2013 at 10:05 am
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    my fiance ex wife won the america DV lottery so when she was processing her papers, she put her husband on it and they were called for interview and consular thought they were not rear couple but they were rear couples. that is why the consular gave them section 212(a)(6)ci. they file for petition but the embassy reply them this note………

    ( We wish to inform you that there are no waivers of ineligibility for future Diversity Visa Lottery entries. You will be permanently ineligible under INA 212(a)(6)(C)(i). There is no appeal process for this.

    We hope this information is helpful to you.

    Sincerely,

    U.S. Embassy
    Consular Section

    Note: You should never pay for travel arrangements (e.g., airfare, hotels) without having a visa in your possession. The U.S. Embassy accepts no responsibility if you do so. We are unable to guarantee the issuance of a U.S. visa before a fixed travel date. You risk significant financial losses if you ignore this advice.
    **** Please include your case number in all correspondence ****

    but they have now divorce so can i still file waiver 1-601 for him please help me

  9. Written by froggie
    on June 18, 2013 at 5:40 pm
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    my fiancée inadmissible to usa under 212(a)(6)(C)(i) Fraud or Misrepresentation..what should I do next?

  10. Written by Len Brown
    on August 20, 2013 at 10:37 am
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    In 2009 my husband then and a US citizen did a petition for me during the interview the counselor asked me for photos of the wedding which i didn’t have because the wedding was a very small one performed by a pastor from his church.I was denied by the consular based on section 212 (a)(6)(C)(i) in 2009. When i informed my husband he said that denials under such circumstance is permanent. He stopped communicating and supporting me. In 2010 we got divorced him and i re-married in 2011. Can i apply for a waiver?

  11. Written by Jesus Zamora
    on August 31, 2013 at 3:59 pm
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    On my wife’s interview back april 2012 in the consulate of juarez mexico was put in section 212 category, without possible admission in the interview noted by imigration officer. Was wondering if i can challenge that charge so i can have a beautifull family just like every other family here in America.

  12. Written by Ghazanfar
    on September 5, 2013 at 3:14 am
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    Dear Sir, I am US citizen. My fiance had her interview. On 20 june 2012 and they sent to us the letter of Memorandum, section 212(a)(6)(c)(i). I was shocked even I don’t know what to do next. I love her so much and I miss her so much. Please help me. Thank you.

  13. Written by Luis Moreno
    on September 13, 2013 at 12:36 pm
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    Buenas mi nombre es Luis Moreno venezolano yo obtuve la visa de B1 B2 fui el 20 de agosto a puerto rico y me devolvieron el 21 de agosto del 2013 y me negaron la entrada a ese país por ser inadmisible me aplicaron el fom I 212 6,C,I y la otra 212 7,A,i’I pero mi conducta hacia el oficial de imigración fue la correcta no me porte grosero ni me altere porque en si estaba asustado yo nunca e estado en una prisión y menos soy terrorista y jamás en Venezuela e tenido porblemás con la ley,entoces yo iba a ver a mi pormetida en puerto rico y claro estando consciente de las leyes iba a arreglar documentos para quedarme pero si me tenía que devolver a Venezuela lo haría para respetar las leyes en los estados unidos haorá mi ultima pregunta cual sería mejor que mi prometida Me pudiera en puerto rico con la Visa K1 con el perdón incluido, o caseme aqui en Venezuela con ella para pedir la I 129 cual de los dos porcesos es más rápido claro lo otro que el perdón se que no es nada fácil que me lo aprueben y gracias por su respuesta mil bendiciones .Luis M

  14. Written by davis
    on September 23, 2013 at 6:29 am
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    My sister and neice visited USA on visitors visa.Sister spent 1 month but neice stated 10 months(she was 6 years old) my sister tried to get a stamp in passport to prevent immigration from knowing daughter stayed 10 months.when both tried to visit again.was sent back.both went for green card was found inadmissible under section 212 which deals with Misrepresentation.was told need to a waiver.what r the chances of them ever coming to be with the rest of the family.one stupid mistake over 6 years ago.

  15. Written by kahi
    on October 3, 2013 at 9:21 am
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    I recently won a green card in 2010,I turned up to the interview in 2012,bit then my visa was denied on the basis that I had misrepresented academic papers*not genuine*I was handed to the police taken to court and charged.
    What I don’t understand is why is it that you have to have a C plain and above (form four*for you to be granted a visa besides the many other factors,Lastly can my case be reviwed and if possible given a waiver over section 212a6c1 according to section 221*G* OF THE IMMIGRATION AND NATIONALITY ACT.

  16. Written by bruce
    on October 30, 2013 at 1:34 pm
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    How do you challenge a 6ci finding?

  17. Written by Gizachew Mesfin
    on November 5, 2013 at 2:42 pm
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    my name is Gizachew Mesfin i am Ethiopian citizen and i am cancer patient for the last 2 years and still now i was trying to get us visa by misrepresenting matterial facts like fourged Japan visa as i was going in japan for two times by the help of other peopl b/c as i explaind in the above i am cancer patient and in my hom country Ethiopia there is no cancer treatment in this case the hospitals medical boared issued me letter to be treated in abroad so i can not pay for the treatment b/c i am from underserved family so i was tried to get visa and to be treated in US . Now i got hospital in US which can treat me with out fee so what i will do b/c i was illigible .And then i was interviewed in us embassy and i became iligible to obtain us visa due to misrepresening a matterial fact . For that matter i found inadmisible under section 212(a)(6)c(i) so what you will help me to be saved from this fatal disese by cooprating the form 601 and to be free of punishment under 212a6c(i). sincerly yours Gizachew Mesfin

  18. Written by Stephen
    on November 20, 2013 at 3:14 pm
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    my fiance ex wife won the america DV lottery so when she was processing her papers, she put her husband on it and they were called for interview and consular thought they were not rear couple but they were rear couples. that is why the consular gave them section 212(a)(6)ci. they filed petition but the embassy replied that no waiver was available on such ground. Please what can we do?

  19. Written by Lux
    on December 3, 2013 at 8:21 pm
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    Recientemente para ser exactos el 20 de nov. del 2013 iba de vacaciones a los EU por primera vez, con visa de turista de 10 años, Me la otorgaron en febrero del 2013, pero me la cancelaron por a ver mentido. Tengo un hermano ilegal allá, y no lo puse en la encuesta al momento de solicitarla, lo hice para que no lo fuera a afectar a el, y para que no me afectara a mi. me penalizaron por un año, por ser algo menor. Pero en la aplicación que me dieron dice: seccion 235(b)(1), pero mas abajo de los datos esta esto: INA 212(a)(6)(c)(i), me pueden orientar en esto ya que no lo entiendo, si la vuelvo después de un año a solicitar hay probabilidades de que me la puedan otorgar de nuevo??

  20. Written by Frank
    on January 25, 2014 at 7:07 pm
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    A woman that I have been dating lives in Juarez, Mexico. She had a valid tourist visa and was crossing day to day. She was detained at the border and her visa was cancelled because the agent found out that this woman had accepted a medicard card for her American born child and also discovered that the woman had actually stayed at her sons house in El Paso, Texas, She is not eligible for 5 years to re-apply. Is there a pardon she can ask for and how long does she wait to re-apply

  21. Written by Mari
    on February 1, 2014 at 11:32 pm
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    My husband has been went to interview in Juarez in 2/2013. We recieved a notification stating that he was denied due to section 212 a 6 with no waiver. How can i challenge this.

  22. Written by roshni
    on May 16, 2014 at 4:49 am
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    hi i am student in USA i got H1 B than after i come to india for stamping my visa Today i got the foreign service of the united states refusal worksheet so whats the next action for. please reply me.

  23. Written by Tude
    on July 6, 2014 at 6:00 pm
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    My wife is about to file my petition but the brickwall now is the case of material misrepresentation that is looming on my profile already. I applied for a visitor visa 2010 and I stated that I was married which infact was a lie. Now that I’m legitimately married I’m sure I can’t escape d axe that is wieldn already. Is it true its a lifetime ban? Tanx in anticipation

  24. Written by Celtic
    on July 16, 2014 at 5:40 pm
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    I applied for a us visa in 2004, under the infleunce of my step father using different names and was rejected. I travelled to europe and this time , using my real names , I applied for a tourist visa and was rejected and accused of misrepresentation, and with a permanent banned . I now hold a German pasport wish is visa free, my question is, is there any sort of waiver for me to visit us with a non immigrant visa?. Thank you

  25. Written by joseph wilson
    on July 22, 2014 at 9:10 am
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    My ex-wife won the DV lottery, when we went for the interview, we were denied for a reason and was issued a section 212(a)(6)C1 refusal letter, we didnt appeal. Now I have being selected for 2015 DV, I just wanna kno if I can be refused the visa based on the earlier refusal? Or if there is something I should do before processing?

  26. Written by riri
    on August 20, 2014 at 4:11 am
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    hi

    I have got 212 a 6 c i last year becoz of my employer documents when i attended h1 interview. later i got married n tried for h4 but they told me i got a ban but not sure howmuch is the time period? i want to know is there any way i can go n stay with my husband in california. what do i need to do now? please help

  27. Written by AGILANDESWARI
    on August 30, 2014 at 2:32 am
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    Sir/Mam
    I had applied first time stating the reason that i am appearing FPGEE exam and told to come when the exams are nearing.
    Secondly i applied for the same and i got rejected since i was about to take my minor son.
    thirdly i wanted to attend a conference and the consulate officer whether my brother was residing in US. I denied telling that he was in New zealand. my brother is a green card holder of US but that time he was in new zealand. after that consulate officer told that i lied and he told i can never apply. he did not allow me to talk further.
    now what do i do.
    i wanted to see my brother. i could not even attend their house warming ceremony. i really do not want to settle in US. i just want 15 days to stay with my brother and come back to india.

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