INA § 212(a)(6)(c)(ii)

Immigration Success Stories – INA 212(a)(6)(c)(ii)

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Immigration Success Stories – INA 212(a)(6)(c)(ii)

In October of 2001, our client wanted to enter the US but did not have a visa.  She was introduced a man named Hamid in Toronto, who offered to take her for $2,000 and told her that he could get her in legally.   Hamid drove her to the Seattle port of entry and a CBP officer stopped them and questioned them separately.  Separately, Hamid told the CBP officer that our client was a US citizen and produced his own daughter’s US birth certificate claiming that it belonged to our client.  At the same time, when our client was questioned separately, she stated that she was an Indian citizen and produced her Indian passport.  She was refused entry.

Our client later applied for an immigrant visa through the US consulate in Mumbai, India.  Based on her previous encounter with CBP, which occurred nearly 20 years ago, the Consular Officer found our client ineligible under Section 212(a)(6)(c)(ii).  She protested and attempted to argue the matter but she was dismissed and was told she would never enter the US.

When our client came to us, she felt she had no chance of ever entering the US but wanted to see if there was any possibility for a waiver.  Under current rules, she would never be eligible for an immigrant visa waiver.  When we told her this she was distraught but we told her that she had one other option.  Because Hamid was the one who told the CBP officer that she was a US citizen, we felt we had a strong chance to overturn the Consular Officer’s decision.  And that is exactly what we did.  Just 3 months after we took her case, we were able to get the INA 212(a)(6)(c)(ii) charge completely removed from her record and she was able to obtain her immigrant visa.

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

212(a)(6)(C)(ii) False Claim to US Citizenship

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212(a)(6)(C)(ii) False Claim to US Citizenship

Inadmissibility Series INA 212– Part III

212(a)(6)(C)(ii) False Claim to US Citizenship

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)(ii) False Claim to US Citizenship

In general.-Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act or any other Federal or State law is inadmissible.

This section shall not apply to an alien making a representation, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.

How to obtain a determination that the 212(a)(6)(C)(ii) False Claim to US Citizenship ground of inadmissibility was incorrectly made.

If you believe that the 212(a)(6)(C)(ii) False Claim to US Citizenship determination was made made in error in your case, we can help you overcome it.  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)(ii) False Claim to US Citizenship.

212(a)(6)(C)(ii)(II) provides an immigrant waiver only where the false claim was made prior to 1997 and can demonstrate that his or her parents were US citizens and he or she permanently resided in the US before the age of 16.

Waiver of Inadmissibility for a Non Immigrant Visa due to 212(a)(6)(C)(ii) False Claim to US citizenship.

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.

If you would like our assistance, please feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com