I-601 Waiver

INA 212(a)(6)(E) Waiver

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What Is Inadmissibility Under INA 212(a)(6)(E)

Under section 212(a)(6)(E) of the Immigration and Nationality Act, a person can be found inadmissible to the United States for engaging in alien smuggling. This means that at some point, the individual assisted or attempted to assist someone in entering the US illegally. This ground of inadmissibility applies even if no money was exchanged and can include helping family members cross the border without proper documentation.

A finding of inadmissibility under 212(a)(6)(E) carries severe immigration consequences, including:

  • Being barred from obtaining a visa, green card, or other immigration benefits
  • Permanent inadmissibility, unless a waiver is granted or the inadmissibility is rescinded
  • Increased scrutiny at consular interviews or ports of entry

However, for certain individuals, not only is a waiver of inadmissibility is available but we can petition the appropriate government agency to remove the 212(a)(6)(E) charge from their records so it will no longer prevent them from obtaining a US visa and entering the country.

Who Qualifies for a 212(a)(6)(E) Waiver

A waiver for a smuggling-related inadmissibility finding is only available to specific individuals, including:

  • Lawful permanent residents who are applying for reentry
  • Certain visa applicants who are seeking legal entry
  • Spouses, parents, sons, or daughters of US citizens or lawful permanent residents

To be approved for a waiver, the applicant must demonstrate that their removal or continued inadmissibility would cause extreme hardship to their US citizen or lawful permanent resident family members.

Who Qualifies to have their 212(a)(6)(E) Charge Rescinded

Rescinding a smuggling-related inadmissibility finding is available to many individuals, including:

  • Individuals Wrongfully Accused of Smuggling Due to Misinterpretation of Facts
  • Minors Who Were Classified as Smugglers for Actions Taken Under Parental Direction
  • Legal Permanent Residents or Visa Holders Facing Smuggling Allegations Based on Past Conduct That No Longer Applies

Each case is different, and challenging a smuggling determination requires strong legal arguments and supporting evidence. If you or someone you know has been deemed inadmissible under INA 212(a)(6)(E), legal action may be possible to remove the charge and restore immigration eligibility.

How We Have Helped Clients Obtain a 212(a)(6)(E) Waiver

Case 1: African Tourist on a B-2 Visa Wrongfully Accused of Smuggling a Child

A woman from Nigeria traveling on a B-2 tourist visa was accused of alien smuggling under INA 212(a)(6)(E) when she arrived at JFK Airport with her niece, whom she planned to care for during a family emergency. CBP officers suspected that she was bringing the child to the U.S. illegally without proper guardianship or immigration authorization. Despite her explanation, her visa was canceled on the spot, and she was deported with a permanent bar on re-entry.

Her family in the U.S. reached out to us, and we immediately began challenging the smuggling charge. We filed a legal challenge with the Department of State and CBP, demonstrating that she did not engage in alien smuggling. After months of legal advocacy, we successfully removed the 212(a)(6)(E) charge from her record, allowing her to apply for a new visa and regain her ability to travel to the U.S. legally.

Case 2: Waiver Granted for a Mother Who Helped Her Child Enter the U.S.

A mother from Central America entered the U.S. without inspection years ago, bringing her young child with her. When she later applied for a green card through marriage to a U.S. citizen, she was deemed inadmissible under INA 212(a)(6)(E) because the government considered her actions to be alien smuggling.

We filed an I-601 waiver on her behalf, arguing that she was acting in the best interests of her child and not engaging in smuggling for financial gain. We also demonstrated extreme hardship to her U.S. citizen spouse and child if she were denied her green card. The waiver was approved, the smuggling charge was waived, and she obtained her lawful permanent resident status.

Case 3: Business Owner Wrongfully Accused of Smuggling Employees

A foreign entrepreneur with a valid E-2 investor visa was accused of facilitating the illegal entry of workers after a former employee falsely claimed that the business owner had arranged for unauthorized foreign employees to enter the U.S. The consulate revoked his visa and placed a 212(a)(6)(E) bar on his record, preventing him from returning to the U.S.

We gathered documentation proving that all employees were hired legally and that the accusations were false and based on a misunderstanding. After submitting a legal challenge to the U.S. consulate and Department of State, we successfully had the smuggling charge removed, and his visa was reinstated. He was able to return to the U.S. and continue running his business legally.

Need Help Removing a 212(a)(6)(E) Charge? Contact Us Today

If you have been deemed inadmissible under INA 212(a)(6)(E) for alien smuggling, you may still have options. Whether you qualify for a waiver, a legal challenge, or an appeal, we can help you fight the charge and regain your immigration status.

Call us today at 305-515-0613 or email info@messersmithlaw.com for immediate assistance. Let us help you navigate your immigration challenges and fight for your future in the United States.

212(a)(6)(C)(i) Waiver

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What Is Inadmissibility Under INA 212(a)(6)(C)(i)

Under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, an individual is inadmissible to the United States if they have been found to have committed fraud or willfully misrepresented a material fact in order to obtain a visa, entry, or any other immigration benefit. This ground of inadmissibility applies to those who have provided false information on visa applications, used fraudulent documents, or misrepresented their intent when entering the U.S.

A misrepresentation finding can have serious consequences, including:

  • Permanent inadmissibility to the United States
  • Denial of a visa, green card, or entry at the border
  • Ineligibility for most immigration benefits without an approved waiver

A waiver is available for certain individuals, allowing them to overcome the inadmissibility finding and continue with their immigration process.

Who Qualifies for a 212(a)(6)(C)(i) Waiver

A waiver for fraud or misrepresentation is only available to:

  • Spouses, parents, sons, or daughters of U.S. citizens or lawful permanent residents
  • Individuals who can demonstrate that their U.S. citizen or lawful permanent resident relative would suffer extreme hardship if they are denied entry or status

The applicant must prove that their removal or continued inadmissibility would cause significant hardship to their qualifying relative, such as financial, medical, or emotional difficulties.

How We Have Helped Clients Obtain a 212(a)(6)(C)(i) Waiver

Case 1: Waiver approved for a misrepresentation on a visa application

A Mexican national was denied a green card after USCIS found that he had misrepresented his marital status on a past visitor visa application. Even though the mistake was unintentional, he was deemed inadmissible under section 212(a)(6)(C)(i) for misrepresentation.

We filed an I-601 waiver, demonstrating that his U.S. citizen wife would suffer extreme hardship if he were not allowed to obtain legal status. The waiver was approved, and he was granted his green card.

Case 2: Overcoming a fraud charge for using false documents

A Central American immigrant had entered the U.S. years ago using a false passport. Later, he married a U.S. citizen and applied for a green card. At his adjustment of status interview, USCIS determined that he had committed fraud under 212(a)(6)(C)(i) and denied his application.

We filed an I-601 waiver, arguing that his U.S. citizen wife would suffer extreme hardship due to her medical condition and financial dependence on him. After several months of advocacy, the waiver was approved, and he was granted permanent residency.

In Some Cases a Waiver is NOT Required!

Case 3: Challenging a misrepresentation finding at the consulate

A business owner from South America was denied a U.S. visa because the consulate accused him of providing false financial information on a prior application. He had unknowingly submitted incorrect tax documents prepared by an advisor, which led to a misrepresentation finding.

We prepared a detailed legal argument proving that he did not intentionally misrepresent his finances. After reviewing our evidence, the consulate overturned the misrepresentation finding, and he was issued a visa without needing the waiver.

Need a 212(a)(6)(C)(i) Waiver? Contact Us Today

If you have been found inadmissible under INA 212(a)(6)(C)(i) due to fraud or misrepresentation, you may still have options. A waiver may allow you to obtain a visa, green card, or reenter the U.S. legally, but these cases require strong legal arguments and supporting evidence.

Our law firm has successfully helped individuals fight misrepresentation findings, file waivers, and regain legal immigration status. Every case is unique, and we can help determine the best strategy for you.

Call us today at 305-515-0613 or email info@messersmithlaw.com for immediate assistance. Let us help you navigate your immigration challenges and fight for your future in the United States.

Understanding INA 212(a)(9)(B)(ii): The 3-Year and 10-Year Unlawful Presence Bars

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What Is INA 212(a)(9)(B)(ii) and How Does It Affect You?

Under Section 212(a)(9)(B)(ii) of the Immigration and Nationality Act (INA), individuals who accumulate unlawful presence in the US may face serious reentry bars that prevent them from obtaining a visa or green card for several years. This section of the law applies to those who:

  • Overstayed their visa beyond the authorized period
  • Entered the U.S. without inspection (EWI) and remained unlawfully
  • Failed to maintain legal immigration status for a prolonged period

The penalties under INA 212(a)(9)(B)(i) include:

  • 3-Year Bar: Applies if you were unlawfully present for more than 180 days but less than one year and then left the US.
  • 10-Year Bar: Applies if you were unlawfully present for one year or more and then left the US.

These bars take effect only when you leave the US, meaning that many people do not realize they are barred from returning until they apply for a visa or green card abroad. The good news is that there are legal solutions to overcome these bars—but acting quickly is essential.

How We Have Helped Clients Affected by INA 212(a)(9)(B)(ii)

Case 1: Challenging an Incorrect Unlawful Presence Determination for Children Brought to the US Illegally

A mother brought her two young children into the US without inspection when they were minors. After living in the US for over 10 years, the children eventually applied for DACA and later became eligible for green cards through sponsorship by a U.S. citizen relative. However, during their green card interviews, USCIS determined that they were subject to the 10-year unlawful presence bar under INA 212(a)(9)(B)(ii) because they had accrued unlawful presence after turning 18.

Their family reached out to us for help, and we challenged the determination, arguing that the children were unlawfully present only as minors, and therefore their time in the US before turning 18 should not count against them. We provided extensive legal arguments and documentation proving that they were not subject to the 10-year bar under existing immigration law.

After several months of advocacy, USCIS reversed their decision, agreeing that the children were not inadmissible under INA 212(a)(9)(B)(ii). Their green card applications were approved, allowing them to become lawful permanent residents without having to leave the US and face unnecessary separation from their family.

Case 2: Securing an I-601 Waiver for a Business Professional Facing a 10-Year Bar

A business professional had been traveling to the US frequently on a B-1 visa for work meetings. During a routine visa renewal application, the US consulate denied his visa and informed him that he was subject to a 10-year bar under INA 212(a)(9)(B)(ii) for allegedly overstaying his visa during a prior visit.

Our client acknowledged that he had unintentionally overstayed his visa due to a misunderstanding of the permitted duration of his stay. Recognizing the consequences of his overstay, he sought legal assistance to apply for a waiver and rectify his immigration status. Despite his overstay, he had strong business and personal ties to the US, and we worked to demonstrate that his continued absence would cause extreme hardship to his US business partners and family.

We filed an I-601 waiver, arguing that his inability to travel to the US caused extreme hardship to his US family, who relied on him both financially and emotionally. After months of legal advocacy, the waiver was approved, and the consulate granted him a new visa. He was able to resume his business activities in the U.S. without further restrictions.

How You Can Overcome a 3-Year or 10-Year Bar

If you have been told that you are inadmissible under INA 212(a)(9)(B)(ii) due to unlawful presence, you may still have options. Depending on your case, you may be able to:

  • Apply for a waiver (I-601 or I-601A) to waive the bar
  • Challenge incorrect unlawful presence determinations

However, time is critical—if you are outside the US or planning to travel, acting quickly can make a huge difference in resolving your case.

Call my office now at 305-515-0613 or email info@messersmithlaw.com for immediate legal assistance. We have successfully helped clients fight visa bars, obtain waivers, and secure legal reentry to the US. Let us help you navigate your immigration challenges today.

I-601A Provisional Unlawful Presence Waiver

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On January 3, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a final rule on provisional unlawful presence waivers. I-601A applications may be submitted to USCIS beginning March 4, 2013. This rule allows certain immediate relatives of U.S. citizens who are physically present in the United States to file provisional unlawful presence waivers prior to traveling abroad for consular processing of their immigrant visa applications.

  • Who is Eligible for an I-601A Waiver
  1. You may be eligible for a provisional unlawful presence waiver if:
  2. You are physically present in the United States;
  3. You are at least 17 years of age at the time of filing;
  4. You are the beneficiary of an approved immigrant visa petition classifying you as the immediate relative of a U.S. citizen;
  5. You have an immigrant visa case pending with the U.S. Department of State (DOS), for which you have already paid the immigrant visa processing fee; and
  6. You believe you are, or will be at the time of the immigrant visa interview, inadmissible based on having accrued a certain period of unlawful presence in the United States.
  • Who is NOT Eligible for an I-601A Waiver
  1. You are not eligible for a provisional unlawful presence waiver and your application will be rejected or denied if:
  2. You do not meet one or more of the requirements listed above;
  3. You have a pending Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS;
  4. You are in removal proceedings unless your removal proceedings are administratively closed and have not been re-calendared as of the date of filing of the I-601A;
  5. You have been ordered removed, excluded, or deported from the United States;
  6. You are subject to reinstatement of a prior removal order;
  7. DOS acted to schedule your immigrant visa interview prior to January 3, 2013, even if you failed to appear or you or DOS cancelled or rescheduled the interview on or after January 3, 2013.
  8. You do not establish that the refusal of your admission to the United States would result in extreme hardship to your U.S. citizen spouse or parent, or that your application should be approved as a matter of discretion;
  9. USCIS has reason to believe that DOS may find you inadmissible at the time of your immigrant visa interview for grounds other than unlawful presence.
  •  If Your I-601A is Denied USCIS is unlikely to initiate removal proceedings or refer provisional unlawful presence waiver applicants to ICE when USCIS approves or denies the waiver request or if the applicant withdraws his or her I-601A application.
  •  Application Process

If you are in the United States and not in removal proceedings, an I-601A provisional waiver application can be made using Form I-601A.  After filing, you will be required to submit to biometrics collection which includes fingerprints and photographing.  After the i-601A is approved, you must depart the United States for an immigrant visa interview abroad.

  • Standard for I-601A Approval

In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent.

Marriage Green Card and Possible Illegal Entry

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I have been dating this guy for a time and we wish to marry at the end year but he is not from the USA.

 I have been reading many things he is here but has no visa or green card we would like to know what to do to obtain one without him having to leave

If your future husband entered the country legally – with a visa, through the visa waiver program or even with a false passport – we can help him obtain a green card in the US. This is a general rule as there are some exceptions. If he did not enter legally then he will likely need to apply for an immigrant visa (green card) and a waiver of inadmissibility and ask immigration to forgive his illegal entry and other immigration violations. Please contact our office to discuss things further.

Visa Waiver Program Entrant Applies for Adjustment of Status

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I’m from Germany and I entered the US through with the visa waiver. My wife and I married and we applied for the green card but we filed it after the visa waiver expired. At the marriage interview, I was told that they would not approve my green card because I overstayed and I needed to file an I-601 waiver, Can you help us with this?

There is no requirement for a visa waiver entrant to be in status when they apply for adjustment through a US citizen. The officer who told you this is mistaken and we can speak to him or his supervisor to get this corrected without filing an I-601. However, when a foreign national enters the US through the visa waiver program, they waiver many of their rights that they would normally have if they had used a visa. One of these rights is the right to fight removal. Since you have been present longer than 90 days, you may be removed (deported) without any right to a hearing. Therefore, we must proceed cautiously to get your green card approved an issued.