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

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

Inadmissibility Series INA 212– Part I

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.

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.

How to obtain a determination that the 212(a)(6)(C)(i) Fraud or Misrepresentation ground of inadmissibility was incorrectly made.

No matter which US government agency made the inadmissibility determination, each provides a method to dispute the determination, though each has drastically different processing times. We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the Consulate in as little as 2 weeks. CBP quotes turnaround times of as little as 30 days and USCIS will not offer a time frame. In our experience, the more difficult the situation, the longer it will take to get resolved.

Waiver of Inadmissibility for an Immigrant Visa due to 212(a)(6)(C)(i) 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 Non Immigrant Visa due to 212(a)(6)(C)(i) Fraud or Misrepresentation

INA 212(d)(3) – Except as provided in this subsection, an alien (i) 20b/ who is applying for a non immigrant 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 non immigrant 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 non immigrant 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.

Please feel free to contact us at 305-515-0613 or email us at info@messersmithlaw.com if you’d like our assistance.

121 Responses

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  1. Written by Gopal Krishna
    on September 6, 2015 at 8:45 pm
    Permalink

    Hello sir, I am found inadmissible under 212 c6i in 2001,now again in 2015 again I want to apply for a visit visa, am I eligible to apply for it. Please provide me necessary information. Thank you. k

  2. Written by Sarah
    on September 17, 2015 at 12:21 pm
    Permalink

    Hi

    I was refuse visa under the law 212(a)(4) that my sponsor is ineligible to take care of us. what should I do

  3. Written by Jenny
    on October 28, 2015 at 6:31 am
    Permalink

    Hi,
    my husband is a us citizen & he applied for me IR1 in 2013. I faced my 1st interview in 25 September 2013 they gave me 221(g) & told me they need to inquiry about our marriage because they think this is not our real marriage , my husband’s age 52 & me 25. after 2years they called me & gave me 212(a)6ci & told me we know that this marry is not real but we r real married couple since 2012 to now..may I know what should to do now..

  4. Written by Luna Lim
    on November 22, 2015 at 12:18 am
    Permalink

    I have applied non-immigrant business Visa last 2006 and my application was denied under section 212(a)(6)(C)(i). I wanted to re-apply again for a non-immigrant visa as tourist but after reading articles from internet, I found out that visa denied under section 212(a)(6)(C)(i) is permanent ineligible to receive a visa.

    I remember when I spoke to the Immigration officer 9 years ago during my 2nd interview; I asked him why my application was denied under Misrepresentation or Fraud where on the fact that none of the documents I submitted we’re fraudulent. The Immigration officer told me that the american guy who invited me to visit in US is not my business partner but was my boyfriend and I should apply for fiancée visa instead.

    Now I am already married to a Filipino with kids and have established stable life in Philippines. I want to travel to US with my family. What should I do to overcome those previous application. Can i re-apply again?

    Hope you can enlighten me about my situation.

  5. Written by Rosemary Iyere
    on March 17, 2016 at 4:50 am
    Permalink

    My name is Rosemary Iyere. I was refused visa based on section 212 (a)(6)(c)(I) misrepresentation of a material fact. I was interviewed years ago about previous visit to the embassy in which I denied due to advise from a previous embassy worker. So can you help? My dad filed for me. I would appreciate your feedback. Thank you.

  6. Written by Marie Edouard
    on March 18, 2016 at 12:34 pm
    Permalink

    I have been found ineligible for a visa under 221(a) (6) (C) (i) of INA. I want to have more information and know what I can do and if you can help me.

  7. Written by S.M. KAMAL UDDIN
    on April 19, 2016 at 9:40 am
    Permalink

    HELLO,

    MY ELDER BROTHER, MR. NAZMUL ISLAM WHO APPLIED FOR NON-IMMIGRANT VISIT VISA IN THE USA EMBASSY IN THE YEAR OF 2000. HE WILLFULLY MISREPRESENTED HIS ANOTHER NAME INSTEAD OF HIS ORIGINAL NAME, NAZMUL ISLAM BUT DATE OF BIRTH & OTHERS WERE SAME AS PRESENT. AT THAT TIME HE WAS REFUSED FROM THE USA EMBASSY.

    AFTER THAT IN 2011, HE APPLIED AGAIN OF THE ABOVE MENTIONED VISIT VISA WITH HIS FULL FAMILY AND USA EMBASSY ALREADY ISSUED THEIR VISA BUT UNFORTUNATELY THEY FIND OUT HIS 2000’s VISA’s APPLICATION AND CANCELLED THEIR VISA UNDER THE REFUSAL ACT 212(a)(6(C)(1)).

    HE ALSO SUBMITTED AN APPLICATION TO THE SECRETARY, DEPARTMENT OF HOMELAND SECURITY. USA, WASHINGTON ON 11TH SEPTEMBER, 2011 BUT NO RESPONSE FROM THERE AT ALL, AT THIS STAGE, WHAT WILL WE DO FOR AGAIN APPLY FOR VISIT VISA IN USA EMBASSY..

    IT’S NECESSARY TO MENTION HERE THAT OUR ELDER BROTHER AND SISTER ARE PERMANENT CITIZEN OF USA AND THEY ISSUED HIS INVITATION LETTER FOR TRAVEL.

    THEREFORE, IT WOULD BE HIGHLY APPRECIATED IF YOU KINDLY ADVISE ME IN WHICH WAY WE WILL PROCEED FOR APPLY AGAIN. AWAITING EAGERLY FOR PROMPT RESPONSE PLEASE.

  8. Written by john hosanna
    on June 10, 2016 at 1:54 am
    Permalink

    HI.
    I am applied for non immigrant student visa
    I was denied visa under 212(a)(6)(c)(I) ,and I wrote on paper that one of agent told me that she will grant me loan for 25000 rupees and I paid ,
    So again I am interested to study in USA
    This time our government is giving scholarship, can I eligible to get student visa please help me

  9. Written by john hosanna
    on June 10, 2016 at 2:03 am
    Permalink

    Please help me if Iam eligible to get visa
    For non immigrants can apply visa after denied due to presenting fabricated documents ,
    I believe agent words that she will give me a loan
    And she made me to open bank account in that bank for sanctioned loan ,at last when embassy people call to them they say they don’t my name,
    Visa officer gave me a paper to write what had happened
    I written that I paid 25000 to agent who promised me that she will give me a loan ,
    So at last us embassy officer gave me 212(a)(6)(c)(I)
    Many says I don’t have chance to get us visa till to my death
    If I can eligible please help
    Thanking you

  10. Written by Sridhar
    on September 9, 2016 at 12:27 pm
    Permalink

    Hi,
    I applied for a H4 visa.It got denial on section 212 A 6 C1.
    How to apply for a weavier program or what are the ways I can still get a visa.

  11. Written by zohaib
    on October 4, 2016 at 9:54 pm
    Permalink

    In 1996 my mother appliead my paper for usa but 1997 my married occur and my mother that apply my paper in non married and 2007 i go for a interview due to the lack of study AND some agents i do not tell about that i am faied to take visa then 2003 my Brother applied my paper and now he is open and i go for a interview so then apply again 212(a)(6)(c)(i) this is all due to the lack of study now my son are studing now for a visa what i do sir This is the question for my children future Sir I paied fine if you said

  12. Written by zulifqar
    on October 4, 2016 at 10:22 pm
    Permalink

    HELO sir my mother applied my visa in 1996 for non married case but 1997 some FAmily promblem my marriage occur and i go for a interview in 2007 due to the lack of study and due to agents i do not tell about marriage and inquiry held and iam married this is proved that i am danieal to take visa then 2003 my brother apply my paper and now he is open and i go for a interview so then apply section 212 (a)(6)(c)(i)sir really i do not know about that sir this is the question of future of my childern please do some thing for me i can pay fine for that i you sais i wait your answer

  13. Written by Sunny
    on December 21, 2017 at 9:51 pm
    Permalink

    Hi I have applied for h4 and received 221 a 6 c1 .I was earlier on f1 visa with xxxxuniversity then a recruiter got me transferred to university of northern new jersey as he had contacts with them. Officer asked me what documents did I give to the recruiter but I didn’t give any documents he got my i20 from university and i used the cpt option. Is there a way i can apply for non immigrant waiver I have a U.S. born citizen child.please do advise me with possible options.

    Also I took voluntary departure before the judge.

  14. Written by Olushola oladapo
    on March 15, 2018 at 4:14 pm
    Permalink

    Different passport with different names , but they are all my names , was given waiver form to seek eligibility . How do I go about it , she told me my visa has to be approved from Washington, D.C.

  15. Written by James
    on April 8, 2018 at 1:20 am
    Permalink

    I need a solution, I’m exhausting resources and money trying to bring my wife and her two daughters to the US. We initially applied when for a fiance visa, but was denied due to her previous marriage was classified as fraud. I had no idea this would cause a problem for us. We applied and went through the process following the advice of my attorney and it seemed everything was working out. Until the day of her interview to receive her visa, by the advice of my attorney I did not attend as he advised according to the embassy I would not be permitted to enter so I stayed here in the US. After the interview was over I received a call from my fiance crying telling me that her and the girls visa was denied. I contacted my attorney and told him the news. Upon speaking with him I sent him a copy of the form the embassy had given to her, which he advised that she is going to need a waiver and I responded by asking him to get that process in motion. Shortly thereafter I didn’t hear back from my counsel and as I inquired more into proceeding he began to sound as if he was removing himself from our case. as Time passed I heard less and less from him ultimately leaving me to call attorney after attorney only to be asked for consultation fee after another, but no way to explain or present our case. I married my fiance and we are attempting to rectify our situation and I just need someone to point us in the right direction of whether we can overcome the decision or if we are at a loss? Please if anybody has solid help I’m asking for it, thank you. Re: 212(a)(6)(c).

  16. Written by MUDABER
    on December 6, 2018 at 6:03 am
    Permalink

    sir/mam

    i m in kabul my visa refused 212a6ci what will be yours offer for appeal

  17. Written by US Immigration Blog » I-94 Correction
    on January 20, 2019 at 7:56 pm
    Permalink

    […] In one case, we had a client come to us after realizing that both his passport number and date of birth were both listed incorrectly on his I-94.  He discovered the error when reviewing his documents prior to retaining us to process his green card application.  After we took his case, we had to analyze his documents and determine where the error originated and who was responsible for the error.  Fortunately, the error was not caused by our client and was caused by US immigration so we could correct his I-94 very quickly.  However, even if the error was made by our client, we would still be able to get his I-94 corrected but it would have been much more difficult.  If we did not correct his I-94, it would have left him open to an accusation of fraud or misrepresentation – INA 212(a)(6)(c)(i).  For more information regarding INA 212(a)(6)(c)(i) See https://messersmithlaw.com/ina-212a6ci/ and https://blog.messersmithlaw.com/?p=259 […]

  18. Written by Tomp307
    on April 17, 2019 at 7:48 am
    Permalink

    I have been in US for almost 9 years, I am currently working for a company in US on H1B and during my recent visit to India I went for Visa stamping and I was given a 221g under section 212a 6ci with respect to my employment in 2014. The VO was fine with the current employment but VO gave 221g mentioning I had provided wrong information to the CBP officer at the port of entry in 2014 regarding the project I was going to work in 2014. I was told by my employer in 2014 who filed my H1 that I would work in a particular in house project and the same I had mentioned to the CBP officer. Even the offer letter that my employer had provided had mentioned the same and I present the same document to the CBP officer. After I entered my employer put me in a different project. When VO officer asked about the previous employment I mentioned I never worked for the In House project , I only worked for new project. VO refused Visa but gave a 221g asking for further documents like pay slips, W2s, tax returns, letter from the end client company regarding the new project, contract details from employer.

    What are my options now? I need to return back to US my wife and 4 month daughter are waiting for me to join back.

  19. Written by Aparna
    on January 31, 2020 at 2:37 pm
    Permalink

    hi,

    My husband was on H1b and we went to india for stamping oct 2018 and he got 221g. Later with further documentation, he finally got 212a 6 C I with waiver eligibility in Jan 2019. We tried to apply for waiver in Feb 2019 and it got rejected in may 2019. After an year we again tried applying waiver Jan 2020 but this time, they said, you are not eligible to apply waiver and waiver option is not given. My self & 4yr daughter are in USA waiting for him. What would be the next step? Please advice me.

  20. Written by Airen
    on June 21, 2020 at 10:05 pm
    Permalink

    hello, i am a Canadian citizen and was refused entry due to this 212 section. i do remember an issue with the names but i aws also told by the CBP officer that most cases over 5 to 10 years or even up to 15 years are already cleared from their database. how come i still got flagged?

  21. Written by Suchi
    on July 16, 2020 at 2:17 pm
    Permalink

    Hi,
    This is the overview of the case and describing this behalf of my husband!i
    My husband arrived at SFO airport on July 7th on H4 visa. Before he was on F-1 visa (Aug 2015-July 2018). Finished masters in Dec 2016. Applied for OPT, due to lack of signature on I-485 form, it got denied. And he appealed for I-290B, motion to reopen the case, it too got denied in Feb 2018. He contacted lawyers and searched for other options, but no luck. He left the country on july 7th, 2018.

    We got married last year november. I am on H1-B and applied for H-4 for my husband. He got his visa on jan 7th 2020. He came on H4. But the CBP officers asked him all of the questions on F1 mostly on part time job. Due to the force and pressurized situation, he had to say “YES” and there was no option for him. They mentioned he violated the rules and got missed in disclosure of H4 application (DS-160). Based on this, they revoked the h4 visa and gave a ban of 5 years.

    Could you please suggest if there is a way to get out of this situation like waiver or file a case.

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