A finding under INA §212(a)(6)(C)(i) which refers to willful misrepresentation of a material fact is one of the most serious and confusing issues in United States immigration law. It can result in a permanent lifetime bar from the United States.
But here’s the truth: Many people can fix a 212(a)(6)(C)(i) finding and many more can fight it and get it reversed entirely.
If you’ve been accused of misrepresentation or fraud by USCIS or a US consulate, this guide explains what your real options are, how the law works, and when you should contact us for help.
What Does 212(a)(6)(C)(i) Mean?
INA §212(a)(6)(C)(i) applies when a person:
- Willfully
- Misrepresented
- A material fact
- To obtain a visa, entry, or immigration benefit.
To stick, the government must prove all four elements. If even one is missing, the finding is invalid and it can be overturned.
Can I Fix a 212(a)(6)(C)(i) Finding?
Yes but the method depends on whether the finding is correct and what stage your case is at. There are three primary ways to fix a misrepresentation finding:
1. Fight the Accusation and Get It Reversed
This is the strongest solution if the allegation is wrong, and many 212(a)(6)(C)(i) findings are wrong. Many cases can be fixed without ever seeking a waiver by rebutting the officer’s reasoning through an RFE/NOID response, administrative appeal, or legal argument.
2. Apply for a 212(i) Waiver (If Eligible)
If the finding is correct and cannot be contested, the main remedy is a 212(i) waiver for immigrant cases.
To qualify, you must prove extreme hardship to a U.S. citizen or permanent resident spouse or parent. Children do not count for the 212(i) waiver. If you do not have a qualifying relative, a 212(i) waiver is unavailable.
3. Apply for a 212(d)(3) Nonimmigrant Waiver (For Temporary Visas)
For tourist visas, student visas, work visas, and other temporary entries, you can request a 212(d)(3) waiver.
The 212(d)(3) waiver:
- Does not require a qualifying relative
- Can forgive almost any ground of inadmissibility
- Is granted at the discretion of DHS
- Is often approved when properly prepared
This is one of the most powerful tools to fix a 212(a)(6)(C)(i) finding if you are seeking temporary entry into the U.S.
Common Situations Where 212(a)(6)(C)(i) Can Be Fixed
These types of cases are often successfully overcome:
- OPT / CPT Employment Issues (Findream, Integra, Sinocon cases)
- DS-160 mistakes (dates, jobs, addresses)
- Miscommunication during visa interviews or at the port of entry
- Marriage-based application inconsistencies
- Incorrect employment titles or résumé differences in work visas
How Long Does It Take to Fix 212(a)(6)(C)(i)?
Depending on the remedy, it can be resolved in as little as 2 months but more complicated cases will take longer. Cases involving misrepresentation require meticulous legal strategy and not just not generic templates.
Do Not Fight a 212(a)(6)(C)(i) Finding Alone
A misrepresentation charge is one of the most dangerous findings in immigration law. A poorly crafted response, or one prepared without legal expertise will lock in the lifetime bar and destroy any future immigration options
If you’ve received a fraud/misrepresentation accusation, denial, RFE, NOID, or consular refusal, you need immediate legal help. We are one of the leading US immigration law practices with a strong record of:
- Reversing wrongful 212(a)(6)(C)(i) findings
- Preparing winning 212(i) hardship waivers
- Securing 212(d)(3) waivers for nonimmigrant visas
- Representing clients worldwide in complex fraud cases
Call: 305-515-0613
Email: info@messersmithlaw.com
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