212(a)(6)(c)(ii)

INA §212(a)(6)(C)(ii): False Claim to US Citizenship — FAQs and Legal Solutions

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Few immigration violations are as serious as a false claim to US citizenship. Under INA §212(a)(6)(C)(ii), any noncitizen who falsely represents themselves as a US citizen for any immigration or benefit purpose is permanently inadmissible to the United States. This is a lifetime bar with very limited exceptions. If you’ve been accused of a false claim to citizenship, it’s critical to understand the law and your options. Below are the most common FAQs about INA 212(a)(6)(C)(ii) and strategies to fight it.

What Is INA §212(a)(6)(C)(ii)?

INA §212(a)(6)(C)(ii) states that any noncitizen who falsely represents themselves as a US citizen for any purpose under immigration law, or to obtain a federal or state benefit, is permanently inadmissible.

What Are Examples of False Claims to US Citizenship?

  • Checking the “US citizen” box on a Form I-9 for employment eligibility.
  • Claiming to be a US citizen at the border to gain entry.
  • Registering to vote or actually voting in a US election.
  • Using a US passport, birth certificate, or Social Security number fraudulently.
  • Applying for federal student loans restricted to citizens.

Is 212(a)(6)(C)(ii) a Lifetime Ban?

Yes. Unlike many other grounds of inadmissibility, a false claim to citizenship generally results in a permanent, lifetime bar from entering or staying in the US.

Are There Any Exceptions to 212(a)(6)(C)(ii)?

There are very limited exceptions, including:

  1. False claims made before September 30, 1996 (when the law took effect).
  2. Claims made by minors who can show they did not understand the nature of the false claim.
  3. Claims made by mistake or without willful intent. For example, checking the wrong box accidentally without intent to deceive.
  4. Certain cases involving US citizen parents where the applicant reasonably believed they were a US citizen.

Can I Get a Waiver for 212(a)(6)(C)(ii)?

Generally, no immigrant waiver exists for a false claim to US citizenship. This makes it one of the toughest immigration violations. However, legal strategies may include:

  • Challenging the accusation by showing you never made the false claim.
  • Proving the alleged misrepresentation was not material or not “willful.”
  • Arguing that the exception for minors or mistaken claims applies.

What Are the Consequences of a False Claim to US Citizenship?

  • Green Card Denial or Rescission if USCIS finds you falsely claimed citizenship.
  • Visa Denial at U.S. consulates.
  • Removal Proceedings if discovered after you’ve entered the US.
  • Permanent Bar to adjustment of status or naturalization.

Can I Ever Become a US Citizen After a False Claim?

In most cases, no. A false claim to US citizenship makes you permanently ineligible for naturalization unless you can prove an exception applies.

Should I Hire a Lawyer If I’m Accused of 212(a)(6)(C)(ii)?

Yes and immediately. This is one of the most unforgiving grounds of inadmissibility. An experienced immigration attorney can:

  • Review your records to confirm whether USCIS’s allegation is accurate.
  • Gather evidence to prove an exception applies.
  • Challenge the finding in waiver requests, motions, or appeals (where possible).
  • Defend you in request for more evidence (RFE), Notice of Intent to Deny (NOID), Notice of Intent to Revoke (NOIR) and Notice of Intend to Rescind (NOIR).

Your Path to Approval Starts with the Right Legal Team

A false claim to US citizenship under INA 212(a)(6)(C)(ii) is a life-changing allegation that can result in a permanent bar to US immigration. But not all cases are clear cut. Exceptions and legal defenses may apply. If you’ve been accused of making a false claim to US citizenship, don’t wait. Contact our office at 305-515-0613 or email info@messersmithlaw.com today. Our attorneys have successfully defended clients in complex misrepresentation cases and can help explore your best legal options.

Immigration Success Stories – INA 212(a)(6)(e) & INA 212(a)(6)(c)(i)

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Our client, a Chinese citizen, entered the US along with her two minor children as tourists.  During their trip in the US, she enrolled them in school for approximately two months before they all returned to China.  They left before their period of authorized stay expired.  Later on when their visas expired, she returned to the US Embassy to renew her tourist visa and apply for student visas for her children.  However, she was refused  pursuant to section INA 212(a)(6)(E) and INA 212(a)(6)(c)(i) while her children were given a 214(b) refusal.

INA 212(a)(6)(E) relates to smuggling or helping someone obtain a visa or enter the US illegally or for a purpose inconsistent with the visa type obtained or applied for.

INA 212(a)(6)(c)(i) relates to making a fraudulent statement or producing fake documents in order to obtain a visa or procure entry to the United States.

The US Embassy accused our client of misrepresenting the purpose of her trip to the US when she applied for her visa and for violating immigration rules when she enrolled her kids in school when they were in B2 visa status.  These inadmissibility charges rendered it nearly impossible for her or her children to ever obtain visas again to enter the United States but we were able to present a strong defense on her behalf to both the US Department of State and the US Embassy which ultimately resulted in the removal of both charges from her record so she and her children became eligible for any type of US visa.  We then helped her secure a new tourist visa and two student visas for her children.

Do you have a similar inadmissibility issue?  If so, contact our office and we’ll see if we can correct this for you.

Immigrant Visa Denial

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Immigrant Visa Denial

There are many reasons that could lead to an immigrant visa denial.  Over the years, we have successfully helped many people overcome immigrant visa denials and reunite families.  The proper way to overcome an immigrant visa denial is to, first, determine why the immigrant visa was denied originally.  The most common situation is where the visa applicant or petitioner does not file the application or petition correctly and makes errors which the Embassy determines constitute fraud or material misrepresentation.  This would result in an INA 212(a)(6)(c)(i) determination and is a permanent bar from entry to the US.  A waiver may or may not be filed depending on the applicant’s eligibility.  If you believe that the Embassy incorrectly made an INA 212(a)(6)(c)(i) determination, we can challenge the denial decision and request that it be removed from the applicant’s record.  Here are a couple examples of the immigrant visa denials that we were able to fix, including 212(a)(6)(c)(ii), 212(a)(6)(e), and 212(a)(4) denials.

  1. Client was a passenger in a van when she tried to enter the US.  CBP approached the driver and the driver presented a birth certificate and claimed our client was his daughter and that she was born in the US.  However, our client did not speak English and wasn’t aware of what the driver told CBP.  CBP found the client to be inadmissible under INA 212(a)(6)(c)(ii) False claim to US citizenship.  Later on, our client’s husband sponsored her for an immigrant visa and the Embassy denied the application due to INA 212(a)(6)(c)(ii).  Client sought our help after the immigrant visa denial and we were able to have the INA 212(a)(6)(c)(ii) removed from her record.
  2. Client allowed her sister to take her kids to the US on B2 tourist visa many years ago.  Unknown to our client, her sister enrolled her kids in school while they were in the United States.  Enrolling in school in B2 status is a violation of status.  Later on, our client applied for an H1B visa to enter the US to work but she was denied under INA 212(a)(6)(c)(i) Misrepresentation and INA 212(a)(6)(e) Smuggling.  It wasn’t easy to fix but we were able to overcome both issues so she was able to enter the US.
  3. Client’s sponsor was gainfully employed and sponsored client for an immigrant visa.  The sponsor didn’t present the case properly so client’s immigrant visa was denied due to INA 212(a)(4) Public Charge.  We worked with the government and made sure that the case was properly presented and was able to overcome the INA 212(a)(4) issue.

In the last 17 years, we have successfully handled thousands of cases and some of those cases are extremely complicated but we were able to win them unbelievably successful results for our clients.  If you feel that you have a difficult case and if you don’t see any hope, let us help you.  With our extensive expertise, we will make impossible possible.  Please feel free to contact us at 305 515 0613 or email us at info@messersmithlaw.com