Being found inadmissible under INA §212(a)(6)(C)(i) is one of the most serious challenges in US immigration law. This section of the Immigration and Nationality Act applies when USCIS or the Department of State determines that a person willfully misrepresented a material fact in order to obtain a visa, green card, or other immigration benefit.
If you or a loved one has been accused of misrepresentation or fraud under INA 212(a)(6)(C)(i), it’s critical to understand what this law means and how to fight it. Below are the most common FAQs about this ground of inadmissibility.
What Is INA §212(a)(6)(C)(i)?
INA §212(a)(6)(C)(i) states that any person who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has procured) a visa, admission into the US, or any immigration benefit, is inadmissible for life. In short: If USCIS finds you lied or concealed important information, you may be permanently barred from getting a visa or green card.
What Counts as “Misrepresentation”?
Misrepresentation can include:
- Falsifying information on Form DS-160, DS-260, or I-485
- Using fake employment letters, bank records, or academic documents
- Claiming a false marital status or family relationship
- Failing to disclose prior visa denials, deportations, or immigration violations
- Listing fraudulent employment (such as “Findream” or other fake OPT employers)
- Misrepresenting intent at a visa interview (saying you’re visiting but actually planning to stay permanently)
What Is a “Material Fact”?
A fact is considered material if it would have influenced USCIS or a consular officer’s decision to grant or deny your visa or green card.
Example:
- Forgetting to list a minor traffic ticket is usually not material.
- Concealing prior unlawful presence or misrepresenting employment is material, and can trigger 212(a)(6)(C)(i).
Is 212(a)(6)(C)(i) a Lifetime Ban?
Yes. A finding of misrepresentation under this section creates a lifetime bar from entering the US or obtaining a green card. However, we have successfully helped many people overcome it through legal challenges or waivers.
How Can You Overcome INA 212(a)(6)(C)(i)?
Options may include:
- Challenge the Finding
- If USCIS or the consulate made a mistake, we can argue that no misrepresentation occurred or that the fact was not material.
- I-601 Waiver of Inadmissibility
- If you have a U.S. citizen or permanent resident spouse or parent, you may apply for a fraud/misrepresentation waiver by showing extreme hardship to your qualifying relative.
- I-601A Provisional Waiver (if unlawful presence also applies)
- In some cases, you may need both a fraud waiver and unlawful presence waiver.
- Reopening or Appealing Your Case
- If the finding was incorrect or based on weak evidence, we can fight it through motions, appeals, or rescission challenges.
What Are Common Examples of 212(a)(6)(C)(i) Cases?
- OPT Fraud: A student listed fake companies (like Findream) as OPT employers. USCIS alleged misrepresentation, but with legal evidence, some applicants have kept their green cards.
- Marriage Fraud Allegations: A green card holder accused of entering a sham marriage but later proved the relationship was bona fide.
- Visa Application Errors: Applicants denied for failing to disclose prior overstays or visa denials.
Can I Still Get a Green Card With 212(a)(6)(C)(i)?
Yes, but only if you successfully fight the finding or obtain a waiver. Without legal help, most applicants will face denial or rescission of status.
Should I Hire a Lawyer for 212(a)(6)(C)(i) Issues?
Absolutely. This is one of the most complex and high-stakes areas of immigration law. An experienced attorney can:
- Review your case to see if USCIS’s finding is valid.
- Gather evidence to challenge the misrepresentation.
- Prepare a hardship waiver application if needed.
- Defend you in rescission or removal proceedings.
Your Path to Approval Starts with the Right Legal Team
Being accused of fraud or misrepresentation under INA 212(a)(6)(C)(i) is overwhelming, but it does not have to end your immigration journey. With the right legal strategy, evidence, and waiver applications, many people successfully keep or obtain their U.S. green card. If you’re facing a 212(a)(6)(C)(i) misrepresentation finding, contact us today at 305-515-0613 or email info@messersmithlaw.com. We have successfully fought these cases and helped clients preserve their lawful status in the US.