212(a)(6)(C)(i) Fraud or Misrepresentation
212(a)(6)(C)(i) Fraud or Misrepresentation
Inadmissibility Series INA 212– Part I
212(a)(6)(C)(i) Fraud or Misrepresentation
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)(i) Fraud or Misrepresentation
In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
How to obtain a determination that the 212(a)(6)(C)(i) Fraud or Misrepresentation ground of inadmissibility was incorrectly made.
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)(i) Fraud or Misrepresentation
There are two sections of law which allow a foreign national to apply for a waiver of inadmissibility where he or she is ultimately applying for an immigrant visa or permanent residence (green card).
INA 212(i) – The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien 25b/ or, in the case of a VAWA self-petitioner 6aa/ , the alien demonstrates extreme hardship to the alien or the alien’s United States citizen, lawful permanent resident, or qualified alien parent or child.
INA § 237(a)(1)(H) – The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 212(a)(6)(C)(i), whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 212(a) which were a direct result of that fraud or misrepresentation.
Waiver of Inadmissibility for a Non Immigrant Visa due to 212(a)(6)(C)(i) Fraud or Misrepresentation
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.
Please feel free to contact us at 305-515-0613 or email us at info@messersmithlaw.com if you’d like our assistance.
In: INA § 212(a)(6)(C)(i), INA § 212(d)(3), INA § 212(i), INA § 237(a)(1)(H), Inadmissibility, Inadmissibility Waiver · Tagged with: INA § 212(a)(6)(C)(i), INA § 212(d)(3), INA § 212(i), INA § 237(a)(1)(H), Inadmissibility, Inadmissibility Waiver
on September 20, 2010 at 8:00 pm
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I am a naturalized US citizen. I have been married to a Mexican national for 24 years. We lived in Mexico until five years ago when the border violence began excalating. We have three children (all born US citizens) who currently live with me in McAllen, TX. Three years ago, right before we filed the petition for immigration of my husband, he entered the US and claimed he was a US citizen, but could not prove it (he has always believed to be a US national becuase he has always had a social security number and attended school in the US since he was 10). His punishment was five years which forced us to visit him in Reynosa every weekend. On July 29, he was kidnapped, tortured and held for 20 days in order to extort money from us. The FBI helped me negotiate his release since the captors called me on my US cell phone to make threats and sent a middle man to Brownsville, TX to negotiate for them. All conversations were taped. After my husband was released, he spent 20 days in the hospital recovering from his injuries and was released a week ago. We tried crossing the international bridge by ambulance and request a waiver or pardon of some sort, but the supervisor on duty refused to let us through even after the FBI spoke to him. I spoke to the US Counsel in Matamoros who recommended me file the application for immigration at the same time as I request the waiver/pardon. I don’t know if this is the only way to get my husband into the USA, but I would like to do it quickly before any other attempt. Can you recommend the best way to this. Thank you
on November 17, 2010 at 10:38 pm
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Hello
I obtained a green card through marriage I have some criminal history first was a theft charge less than a $100 and two more one for DWI and the other one reckless driving first charge I was in jail for not showing up on court and then the other two I was in jail for couple hours they bail me out but then judge gave me 90 days with 80 suspended so I just did 5 days . I removed condition to get my permanent residence but they gave me a letter for a year while I get it so I can travel and work .. my question is if I go out of the country and come back would I be Inadmissibility to be admitted to the US again?
on November 22, 2010 at 12:41 am
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Hello! Sir/ Mam, I was having B1/B2 Visa which I had renewed 3 times and I was having that up to 2012. Up to now I had made 5 times trips to USA. In my 4th trip, I stayed for 8 months in USA and after coming to India and I stayed 3 months here in India. Again I went to USA entered through the New York Airport and stayed there for 6 months. Again I stayed in India for 3 months and then I was going to USA but this time, I went through the Philadelphia Airport. But at this time I was caught by the Immigration Officer and he sent me back to India from Airport in the evening with 5 years ban.
After 2 and half years I had changed my surname legally and made legally a new passport and then again applied for USA Visa but during the Interview,
I was caught by USA Attorneys and they returned my new Passport because my passport is Legal and Original and I had all the proofs for this passport but the Immigration Officer from Mumbai gave me a Lifetime Ban.My wife is also a holder of USA Visa and I had also shown my wife’s passport to the Immigration Officers and they returned both the Passports but I was banned under this act by them. The Immigration Officers gave me the Lifetime Ban under act 212 (a) (6) (c) (i). Is this USA Act is for lifetime ban? They gave me this Ban act but as my Son is going to become U.S. Citizen next year, so can he puts my file in U.S for Green Card? Is its possible for me to go U.S. on that file?
on November 24, 2010 at 3:06 am
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Respected sir/madam,
I had applied for student visa in november-2000.my agent had attached a fake document,visa officer found that fake document,he put a stamp on last page of my passport and wrote 212(G)(C) by black ink pen in the stamp.police arrested me,i was kept 13 days in custody, then released on bail.trial run for 9 years,finally i applied an application of plead guilty in the court and judge fined rupees 30,000/-.
now i have married to a u.s.a citizen girl.she is to file petition for my immigration purpose.issue has completed 10 years today.
(1)Am i admssible to u.s.a?
(2)Is 212(G)(C) a permanent ban to me?
(3)how long am i inadmissible to u.s.a?
please reply me.
thanking you.
on August 17, 2011 at 12:40 am
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My Husbands British I am his American wife. Husband denied 212 (a) (6) (c) (1).
Says: we need to file form I-601 and G-325. He re-entered America on a connecting flight in Houston Texas. He tried to explain to Homeland Security at Houston Airport that he wasn’t coming to America-but they wouldn’t listen! He was mistreated badly. They made him sleep on the concrete floor and was given no food or water for 24 hrs! He had to sneak a call because they wouldnt let him use the phone to call me or our attorney. They deported him back to England. I was supposed to meet him in Mexico. That was his 2nd deportation. The attorney said if he hadn’t of re-entered in Houston he could of come back. No one told him he couldnt’ get a connecting flight to travel. The airlines don’t even inform people. There is no accountablity except for the fact that the systems in this country set you up to fail. I’m appalled. I know for a fact that my husband didn’t know this was going to happen or he clearly wouldn’t of complicated his situation. You know that form they give you on the plane when your going to a country, well he DIDN’T THINK IT APPLIED TO HIM. He didnt have his glasses on and the officer was yelling at him to hurry up and fill out the form so he dosn’t even remember what he checked and then they tried to say that he was trying to sneak into the country and lied about it. I was told to communicate with someone that understand waivers. I want to talk with someone with some decency and honesty and integrity. I want a full proof plan to get my husband re-united with his family its been 7+years appart from us. Moving to England isn’t an option as i’m 52 and my daughter lives here my business is here and i have to take care of a brother with Tourettes. Can you HELP! or know someone who can. Thank YOU
on September 1, 2011 at 8:36 pm
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I have a cancelled non immigrant visa, but was cancellled due to fake bank statements which my wife presented when she applied for a tourist visa. this was about ten years ago, second my birthdate and place from my old passport was not correct but now we had it in a correct form.
with two of our concerns do we still have a chance to apply and obtain a tourist visa with our children?
on September 6, 2011 at 9:41 am
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i admssible to usa
is 212 (a)( 6)( c)( i)
i can apply waiver 1.601
please inform me
on September 16, 2011 at 5:14 am
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i am inadmissible to usa under 212(6)(c)(i)
pls tell me what to do and the procedures to follow.
on September 26, 2011 at 3:12 pm
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Hi I’m inadmissible due to 212a6Ci. Is there anyway at all of me been allowed back in the USA to take my family to Disneyland thank you
on October 25, 2011 at 10:07 am
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According to our records, Ms. L was interviewed on July 28, 2004, and was found ineligible for a visa under Section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA). This section of law states that applicants whose visa or entry to the United States have been obtained by fraud or who willfully misrepresent a material fact to a consular or immigration officer are ineligible for visas. Back in 1995, Ms. L was found ineligible for a visa by the then U.S. Immigration and Naturalization Services (INS) based on her involvement in an L-1 petition determined by INS to be fraudulent. There is no waiver available of this particular ineligibility to parents of American citizens.
on November 3, 2011 at 6:49 pm
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my girlfriend won the DV lottery in 2006 but before she went for the interview her aunt brainwash her to married her cousin been naive at the time she accepted the request to married the guy. she was 19 years at the time of the interview and was misled by her aunt who had promise to pay their flight after they get a visa.During the interview it was discovered that the marriage was fraudulent and the couples were permanently banned from entering the US. she has recently appeal at the US embassy of her origin for an appeal so that her banned can be uplifted. she has been told her case has been send to USCIS for the case to be reviewed and also for a waiver to be granted so she will be able to enter the US. my questions is how long does it take the USCIS to grant her a waiver. Are waiver usually granted in such cases. Since she won the lottery it been 5years ago can her case be reopen so she can received an immigrant visa. if her ban is uplifted how long does take to apply for a non-immigrant visa can she seek for a visa immediatetely after the ban is uplifted. Does she need to be fingerprinted again if the ban is taken off. if your I-601 form was filed from US embassy in Cameroon where are they been send to? When she was filling for this case a letter of hardship was not accompanied by this appeal does that mean her chances of getting a waiver is limited? when filling for misrepresentation do you need to file form I-601 with I-212? is she eligible for a waiver? if an I-601 has already been send to USCIS but we belief a waiver won’t be grated due to lack of hardship can we resend another I-601 with more evidence of hardship? or should we just wait for the denial ?
on February 29, 2012 at 1:40 pm
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I was inadmissible for IV f 2b visa because of I was deported under section 9B 2 now my waiver case is denied because of my married status. I’m not going for appeal because my us citizens brother wants to apply for me as a married brother if my brother apply for me now how long it will take for IV visa. ( my F2B application approvved was in the year of 1998) thanks A. rashid. bangladesh
on April 5, 2012 at 5:12 pm
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The people who was trying to cross me over when i was 14years old used a birth certificate of a us citizen for me. Immigration stoped us and i was finger printed, and then deported. Im married to a us citizen i have two american citizens kids and i already went to Juarez to my interview and submited a waiver which was approved. I just got a paper that says: section 212(a)(6)(c)(ii). My question, IS THERE ANYTHING IT CAN BE DONE? or i will never be able to go back home with my family?
Thank you!!!
Maria
on April 7, 2012 at 4:47 pm
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i was refused diversity visa base on the consulate officer view that my result is altered on the ground of 212a5a. And my certificate is not alter.is there any hope that my case can be review before fiscal year?
Thanks .from Roland
on April 29, 2012 at 12:49 am
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i am inadmissible to usa under 212(6)(C)(i).Can i get a waiver?.. what do i need to do?.. also i have a fiance who is a U.S. citizen and we’re thinking about getting married, but we don’t know if i’ll be in troubles if i ask for a fiance visa instead of a waiver..I don’t know what to do, and what’s the best for me, or what procedures to follow..i will appretiate any help.
on May 14, 2012 at 1:52 pm
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please help me help my mom get to the us. she is section 212(a)(6)(c)(ii).
on May 18, 2012 at 5:44 am
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i had applied for US tourist Visa for three times. on the 2nd application, i found out that the business permit given to me for my business that time was fraudulent (that was almost 10 years ago? – this document i presented to the consul during the interview and was denied. on the 3rd time on applying (4 years ago) no interview or whatever plain given the paper that i was denied. only then i recall that on the 2nd interview i could have already been permanently barred. how would i know that indeed i am permanently barred and any remedy on this? i did not intend to present fraudulently represent myself. i had authentic and valid documentation – except for that business permit which i ask to secure through an agent (who gave me a fraudulent document).
on May 29, 2012 at 8:54 am
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inadmissible to the US, on the same 6 c, please help
on June 13, 2012 at 7:13 pm
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My fiance’s visa has been denied and was given
212(a) (6) (c) (i) and 212 (a) (5) (a)..
Not sure why they have put her in these sections. Please help
on July 2, 2012 at 6:16 am
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I got a baby while i was studing in the US. I cameback home with my baby to visite my family. I went to to embassy to renew my visa but it has been deny. the consular said it because the sate paid for my delivery. The insurance that take care of my pregnancy is CHIP PRINATAL. The consular said that he can not give me the visa because i did not pay for my pregnancy by myself. I want to understand this situation that left me so confuse.
I want to go back to finish my study and my husband lives there too.
What could i do to get the VISA. I just saw the waiver thing and i didn’t understand how it works. I want to know if this can help me to get the visa.
Thanks
on July 23, 2012 at 1:20 am
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i have got section 212(a) of the imigration and nationality act. i have receive a visa on my first passport and then i had apply visa after 10 years using a different name. they have got me for that section> please advise and i am willing to do the process
on July 26, 2012 at 9:41 pm
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I went to the States iin 2002 and I stayed 9 months, my mom did not wanted me to loose my visa so she sent it somewhere to stamp it FAKE entrance stamp.I came back to my country with a temporary passport and I did not need to travel until 2004. My mom applied for my whole family visa but the inmigration officer requested my passport my mother was afraid I was going to loose my visa so she got nervous and told the officer the truth but she said it was all her fault to protect me. Next day I went to the embassy asked me lots of questions made me sign a document saying that I stayed and used a fake stamp. And we were told we were not welcome to the US because we commited a fraud..etc.etc. I has been more than 8 years and my moms whole family lives there. My granmother is sick and Im afraid she is going to pass and my mom will not be able to see her.
Is there anything that can be done in order to apply for a visa again. My mothers family are US Citizens, my grandmother is a resident for 20 years.
Thank You so MUCH
on August 6, 2012 at 7:00 pm
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I WANT TO LOBBY AGAINST LAW 212 (A)(6)(c)
HOW MANY PEOPLE ARE BEING INADMISSABLE DUE TO FALSE CLAIM TO BE US CITIZEN BUT OTHERWISE NO CRIMINAL HISTORY IN LIFETIME AND THIS INCIDENT OPCCURRED 13 YEARS AGO. YOUNG usCITIZEN CHILDREN AND US CITIZEN FIANCEE,
I WANT TO LOBBY BUT DONT KNOW HOW. ARE WE THE ONLY ONES IN THIS SITUATION?.
on August 14, 2012 at 8:01 pm
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I am a US Citizen and married to an illegal immigrant. We applied for his k visa and in the interview they said he had 212(a)(6)(c)(ii). We have two US childern. One is 4yrs old and one is 5mths. Is there any hope that he will ever get a visa?
on August 25, 2012 at 1:40 am
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Dear Sir
This is me a dentist from Jordan
I have got and receiveced b/b2 and i have overtayed my 6 months peiod of time in 2010 and when i came to Jordan , In 2011 I applied for H1B visa with my sponsor and i got the approvalof h1b visa for 3 years . When i aplied in the american embassy , They gave me a life ban baesd on 212 (d)(3) act and i was told i need a waiver . I want to ask if i am Eligible for sucha a waiver for my H1B visa.
Your reply will be so much appreciated.
on August 30, 2012 at 10:52 am
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hi,,i got 5 years tourist visa in 2011,,i went to US,,at detroit airport they ask me r u pregnant and in some confusion i said no i am not ,,although i was 6 months pregnant,,so they cancelled my visa and sent me back with next flight ,,they told me that i have mispresented and have to get waiver if want to visit again,,,can u pls guide me
on August 31, 2012 at 3:42 am
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this is tenzing from india i had been denied CRI visa under section 212(a)(6)(c)(i) because of my earlier wrong doing but they had made me eligible for a wavier. i need to know what are my chances please do advise
on September 10, 2012 at 11:37 pm
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I am an employee of a US based MNC in India. I had a valid B1/B2 visa with multiple entries valid for 10 years. I visited US for a business trip back in August 2010 and was given i-94 with six months stamp. Due to business reasons and due to my health reasons i returned back to India in Jan 2011, i.e 5 and a half months(less than the allowed 6 months). US Embassy in India contacted me after 1 year and 2 months asking me to submit my passport. When i visited the embassy they asked me the reasons of my stay extending 5 and half months. I tried my best to explain but the embassy cancelled my existing visa under Section 212(a)(6)(C)(i) because they suspected that i was working on B1/B2 which was not the case.
I had asked them the reason of cancellation on email and this is the reply i got
“As per the US Embassy your visa has been refused under Section 212(a)(6)(C) of the Immigration and Nationality Act. Section 212(a)(6)(C)(i) states: “in general–any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under this act is excludable.” The denial of a visa application is not permanent. Applicants are welcome to reapply if their situation changes substantially or if they are able to provide better proof of their ties to India or if they believe they have new information to present to the consular officer. You may wish to re-apply by making an appointment at http://www.vfs-usa.co.in.
”
I am very specifically looking to understand what next step i should take. Should i represent my case to embassy again through some attorney(writing a letter to them explaining the purpose of my stay being 5 months). I have a letter from my US client and my company specifying why my stay was for 5 months. i have some medical bills with me which show that i got sick in US. I ave some more supporting documents which i can show to the embassy. Can this cancellation be undone?
Or should i apply for a new visa, which my company is ready to apply for me when i want. Does this cancellation mean that my future applications for any US visa(be it H1/L1/B1) would have much greater chances of rejection?
Is there any time limit on when i can apply for another visa as i have been advised by my company to apply after 6 months of my visa cancellation.
Looking forward to hear from the experts.
on September 13, 2012 at 4:44 pm
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Hi , I have a 10 yr Vistior visa and my son filed a I-130 for me last yr which was approved. I came to US and then one week later i submitted my application I-485, I was called for interview and not asked any peculiar questions. After 4 days i recieved a letter to file 601 for Misrepresentation/fraud. I dont know what fraud have i commited. I have been to US manu times before and never overstayed and never been deported or involved in any illegal activity of any kind. Should I send a letter asking for what fraud have i commited or just go ahead and file 601 ? My wife is an LPR.
I will really appreciate if you can help me.
on September 15, 2012 at 9:08 am
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please sen me e mail , my wife was given this section
212 a 6 c 1 and i want know how to apply for waiver , and how nlong it takes, my wife is canadian ,
on September 19, 2012 at 8:27 am
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I recently won a green card in 2010,I turned up to the interview in 2012,bit then my visa was denied on the basis that I had misrepresented academic papers*not genuine*I was handed to the police taken to court and charged.
1The American slogan has been, it is the land of opportunities’ applied for the green card lottery because for one I thought I will be lucky to have that opportunity to better on my education and later work, since I come from poor family and improve on the life of my people in Africa and contribute to the economy of the United States of America.
What I don’t understand is why is it that you have to have a C plain and above (form four*for you to be granted a visa besides the many other factors but mine solely dependent on this (academic paper but then I was not left with any option and desperate with the tough times in my country, the need to get away from the poverty that has enslaved my people, hoping that I will be their liberator from that bondage of poverty that has enslaved them.
2. If then the case is that you should have a C plain and above at the consular section Nairobi KENYA gigiri had one of the requirements according to the academic standards. Why don’t you inform us from the first time when you apply for the DV LOTTERY on your website?
I come from a poor family, with a mother who operates a kiosk where she sells sukumawiki, in these tough economic times as the sole breadwinner with other three siblings to support of which I have to cheap in. From the moment I learnt that I had been selected, we have put every single coin into the whole process of that is required of you.
1. The returning of the questionnaires to Kentucky through a courier service costing almost seven thousand kshs.
2. The medical checkup at the IOM almost twenty six thousand shillings.
3. Figure in the transportation costs, call costs and cyber costs.
4. Time taken off to concentrate on the whole process.
All this is money that would have helped in alleviating our life’s in a small way since we are surving not living due to poverty.
3.1.what I don’t understand is why is it that the interviewing officer will go ahead ask you pay the visa fee without telling you what is needed of you in terms of the level of education?
2.At the consular section the security officer who deals with fraudulent documents was so rude to an extent using the abusive word fucking every time he asked questions and reminding me that *you will fucking remain in Kenya* I still remember his words and face.
3At the consular section I got other people who won the green cards like Somalis but then they don’t ever speak English they have to have an interpret for the purpose of the interview and yet they are given visas. Is education standards considered here?
5. What I don’t understand is, I can and am able to communicate in English and write good grammar the fact that I attained a D+ which is above average as per our education system. I believe am above board or is there some form of discretion at the consular section Nairobi Kenya?
6. I am handed the foreign service of the United States of America refusal worksheet marked X Pertaining to my visa application section212a61 baring me permanently from stepping in the united states of America.
7. What if in the future>1.I am employed and am supposed to attend a conference in the United States of America?
2. What if I am to visit, either as a tourist, wedding or a relative?
3. What if I want to invest in the United States of America?
After all this I was handed to the Kenyan police and and due diligence followed, I got no problem with that but then if you have decided to deny me a visa would you be kind for you to refund me my money since some of us struggle so much to raise that money at one point rendered poor and with debts to pay.
Most importantly it is not in my wish that I had to altar my grades but I was just trying to save myself from the bondage of poverty by trying to chase that dream. And just like that Non Speaking Somalis who are given a visa to go better their lives, on the same point there would start the turning point of their lives is the same case with a D+,saving us the rath of getting academic certificates that land we poor Kenyans in Jail. Is a D+ a failed case as with the consular section interviewing Officers at Nairobi?
Is this form of rules and regulations that one must have a c plain and above we poor Kenyans subjected to? Known to the United States of America government? is it passed by the very Gorverment?and if so why is it not clear on the DV LOTTERY Website that you should have attained a certain level of education that makes you eligible for that matter.
The set academic standards at the consular section at Nairobi should be made clear that one should have a c plain and above to save us the cycle logical damage associated with the aftermath of such cases.
Is the former ambassador Gration who had been called recently after his short stint in Kenya responsible of such outrageous ways of denying us that opportunity the one who came up with such rules and regulations.yet we have some other green card holders who are already in the states even with Es in their academic certificates yet they enrolled in colleges and later universities in the very united states of America,prospered and a contributing to the Economy of the inited states of America.And if it is the case why is this the system in place even after He left?
Lastly can my case be reviwed and if possible given a waiver over section 212a6c1 according to section 221*G* OF THE IMMIGRATION AND NATIONALITY ACT.
on September 22, 2012 at 4:53 pm
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ICE & IMMIGRATION DO NOT TAKE SERIOUSLY REPORTS OF ALIEN ILLEGAL ACTIVITY UNLESS IT INVOLVES DRUGS /GUNS THEY CALL ALL THE OTHERS SMALL FISH AND ARE TOO BUSY TO CATCH THEM. MY DAUGHTER-IN-LAW HAS COMMITTED MORAL TURPITUDE , FALSIFIED DOCUMENTATION FOR SCHOOLING , WORKED ILLEGALLY IN BUSINESSES THAT WERE BOUGHT BY FAMILY WHILE ALL WERE ON VISAS, IS NOW DESTROYING MY SON’S LIFE AND MY GRANDSON’S WITH HER CONTINUOS LIES AND GIVEN MORE HELP THAN THE AMERICAN WHO WAS FIRST FOOLISH ENOUGH TO SPONSOR HER, HER FAMILY IS USING THE SYTEM FOR MONEY LAUNDERING AND HAS HELP IN SKIRTING THE LAWS TO ACHEIVE GAINS, USING INVESTOR VISA TO PROMOTE THEIR ARCADE GAMBLING HERE BECAUSE OF THEIR INVOLVEMENT IN ITALY, SINCE WHEN IS ARCADE GAMBLING CONSIDERED A VIABLE TRADE BETWEEN THE U.S. AND THE OTHER COUNTRY? THEY HAVE USED FEIN NUMBERS FOR SOC SEC#’S , DECLARATIONS OF DOMICILE FOR ACQUIRING DRIV LIC. WHILE ALL WERE ON TOURIST VISA, COME THROUGH CUSTOMS WITH NO PROBLEM WITH BODY SOCKS OF EUROS BECAUSE THEY ARE SUCH FAMILIAR TRAVELERS SINCE 1997, ENTIRE FAMILY EXCHANGES THEM WHEN THEY ARE HIGHER THEN AM DOLLAR. OPEN CORPORATIONS , CLOSING WHEN SEC ANNUAL REPORT IS DUE , OPENING UP AGAIN UNDER ANOTHER NAME, ONLY TO DO IT AGAIN, BUYING PROPERTIES TO ESTABLISH WORTH IN GAINING NEW BUSINESS ARCADES FAILING TO FILE PROPER TAX INFO THE LIST GOES ON, WHERE ARE THE FEDS / OR IMMIGRATION AGENTS WHO CAN’T BE BOUGHT OFF? NO WONDER WHY FOREIGNERS ARE TAKING OVER THEY HAVE ALL THE BACKING OF THE GOV’T AND AMERICANS WHO REPORT THIS ACTIVITY ARE IGNORED, THE LAST AMERICAN LEFT A LONGTIME AGO , SOMEBODY OUT THERE MUST STILL CARE AS I’M SURE WE ARE NOT THE ONLY FAMILY BEING SUBJECTED TO ABUSE BY INDIVIDUALS SEEKING A FREE RIDE INTO THE COUNTRY WITHOUT HAVING TO GO THROUGH NORMAL GUIDELINES OF ENTRANCE. JUST GET AN AMERICAN TO FALL FOR YOUR STORY AND SHOW COMPASSION AND IT’S ALL PAID FOR AND WHAT YOU WORKED FOR BECOMES THEIRS.
on September 29, 2012 at 5:01 pm
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Dear sir, my names are Mr Koffie Stven.I applied for a US student visa in 2004 from Ghana and was refused. In 2009, i travelled to Germany with my real names and i applied again for a Visitor visa to US, and was cought, and was given a permanent ban. reason being i have used two different identity. ( 2 different names and date of birth).
In 2004 i was forced to use the identity of my brother to gain a viser for him which was rejected, now using a different names which is my real identity had put me in problem. i wish to ask if there is any waiver for this situation. and how i can go about it, even after gaining a German Citizenship.
Thank you
on October 13, 2012 at 7:37 am
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I am in the same situation of that Kenyan guy above.I dont’ know what to do now,becos am incapacitate.
Then, for the fact that DV visa lottery 2012 has expire, will we be eligible for a waiver on the grounds of inadmissiblity.If yes,pls help me and my wife to resolved our case and section 212 removed frm our record,Thanks.
on October 17, 2012 at 7:02 am
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our fiance visa was rejected under 212(a) (6) (c) (i) and 212 (a) (5) (a). Please help
on October 17, 2012 at 5:25 pm
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In Dec 2004, I was trying to enter US via Puerto Rico for the second time in less that a week, I hd B1/B2 Visa, and a little consultant company looking for my working visa, in this second time I made a mistake in the enter form and I was retained for the custom officer, because I was working for this little consultant company, after the interrogation and the all process I was deported.
The consultant company continue to look for the H1B Visa (working visa for a limited time), and it was given to me by the end of 2005. In the Caracas consulate, they receive all the documents and the H1B, they did not give an answer till may 2006 when the consulate agent gave me the document saying that I was not elegibility for a visa under:
Section 212(a)(6)(C)(i) misrepresentations
You are elegible for waiver of the grounds of inegibility
May I ask for a pardon? could any other company try to get a working Visa for me?
I am system expertise and the US market has big requirements of the kind of knowledge I have.
on October 22, 2012 at 1:24 am
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Hace 22 años fui a EEUU con mi esposo y nos quedamos 11 meses más del tiempo de entrada que nos dieron, pero volvimos a nuestro país (Perú) por propia voluntad. Luego de 5 años nos enteramos por el periódico que se podía traspasar sólo los que tenían la visa indefinida del pasaporte verde al nuevo pasaporte guinda sin presentar papeles de solvencia, ni pasar por una entrevista. Aún con el temor, de que me negaran la visa por el tiempo que me había quedado, presenté mis pasaportes por una ventanilla y al siguiente día me renovaron la visa indefinida por 10 años. Al mes siguiente viajé a los EEUU y volví antes del tiempo que me dieron de entrada. Mi esposo intentó hacer lo mismo que yo, cuando yo estaba en EEUU, pero le salió un caso de homonimia que ellos mismos se encargaron de aclararlo. Pero en esas entrevistas que tuvo por éste caso, salió que yo estaba allá y la cónsul le retuvo su pasaporte hasta que yo regresara y me presentara. Así lo hice, con la finalidad que viera que yo había regresado y le devuelva el pasaporte a mi esposo. Fui a la entrevista y encontré a una persona muy alterada, me pidió que le hablara en inglés en dos ocasiones, a lo que yo me negué porque no se hablar el idioma, me revisó el pasaporte por todo lado, inclusive bajo una luz y luego me canceló la visa que hacía poco tiempo me la habían renovado y me pusieron este código Batch 366/146/revoked P2l2(a)(6)(c)(1). En el año 2000 vuelvo a solicitar visa, para ir al matrimonio de nuestro hijo y me dicen que por mí, no podían darnos la visa porque había cometido FRAUDE. Mi esposo le escribió una carta al Embajador, para que nos explicara a que se estaban refiriendo, porque nosotros sí aceptábamos que nos habíamos quedado más del tiempo permitido y reconocíamos nuestro error, pero éramos una familia honorable que no teníamos ningún problema con la ley ni en nuestro país, ni en ningún otro lugar del mundo. Nos citaron y nos dijeron que era por el tiempo que nos habíamos quedado y que más, más adelante nos iban a dar visa .Bueno entendimos que era por eso. En el año 2007 nos acercamos nuevamente a solicitar visa para conocer a nuestro nieto y nuevamente nos niegan la visa por lo mismo, el famoso FRAUDE!! Les conté lo que me aclararon en el 2000, me dijo que No se trataba de eso, incluso me preguntó si yo había hecho ALGO? A lo que respondí que no había hecho nada malo. Entonces nos aconsejó a que tramitáramos nuestros papeles de la residencia ya que mi hijo era ciudadano. Empezamos los papeles como nos había aconsejado sin ningún problema hasta la última etapa, todo fue aceptado por EEUU, fuimos a la cita del médico, nos pusieron las vacunas y el día de la cita nos llamaron por separado a mi esposo y a mí a la ventanilla. La Cónsul le dijo a mi esposo si yo había estado en la cárcel, o si había sido deportada, o si había falsificado sellos o firmas?? A lo que mi esposo respondió ¡JAMAS!! Conclusión: A mi esposo después de unas semanas de pasar por un proceso administrativo le dieron la visa de la residencia (21 de agosto 2012) y a mí me la negaron y me entregaron un papel, para que mi esposo cuando le den la residencia aplique a un “Weiber o extensión” y que ahora demoraba “poquito tiempo”. Mi esposo le dijo a la Cónsul que cómo podían hacer eso, que nos iban a separar y que yo no había cometido ningún fraude,
Mi esposo ya está en EEUU desde el 18 de este mes a insistencia mía, teníamos tanta ilusión de conocer a nuestro nieto y de estar con nuestros hijos, No sabemos qué va a pasar. Me parece injusto que tenga que aplicar a un Weiber si no he falsificado nada, ni un sello ni una firma. Qué me aconseja, qué debemos hacer? Muchas gracias.
on October 29, 2012 at 2:17 am
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section212(a)(6)(c)(1)misrepresentation whats that
regards to my visa denial
on November 29, 2012 at 11:40 am
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Can someone tell me differences between INA section 212 (a) (6) (c) (i) and INA 212 (a) (6) (c) (1)?Please send your answer in the e-mail listed.
on November 29, 2012 at 1:12 pm
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Hi, I am an US citizen. I am trying to bring my mom under I-130 now. She had had two B2 interviews and got denied because consular believed she won’t come back to her country. So, my only option is to apply her under 130 visa. But, my worry is that when my mom had her first interview she told consulate that she has been in Singapore when consular asked her where she had been in the past. My mom has been in many different countries, but she only mentioned one of them. She has her old passport having Canadian visa stamp and also China stamp. My worry is that would that be problem when she has her immigration interview with consular? Because, she will bring her old passport to show them where she had been before. I am worried that consular give her section 212 (a)(6)(c)(1) misrepresentation because she didn’t mention all the other countries. Thank you
on December 30, 2012 at 4:30 am
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Dear Sir,
I won the DV lottery in 2001 but before i went for the interview and refused me because of name changed after wining DV also wrote educationally or occupationally unqualified but i changed my name MD. Sofi Uddin to Mohammed Sofi Uddin. Bd.Local lawyer advice me to changed (Md. To Mohammed) cz easy to get visa. Now i think advice is fully wrong. My all academic certificate is genuine and 100% right. and according to board law in Bangladesh – Just change any time any person title name (Md. To Mohammed) but not nick name. I am inadmissible to usa embassy under secton 212(a)(5)(a) , under refused letter seal 212(a)(6)(c)and (6)(e) permanent ineligibility .
Can i get a waiver? Can I get Marcy, forgive or pardon?? .. what do i need to do?.. also i have a fiance who is a U.S. citizen and we’re thinking about getting married, but we don’t know if i’ll be in troubles if i ask for a fiance visa instead of a waiver..I don’t know what to do, and what’s the best for me, or what procedures to follow..i will appretiate any help.
thank you very much
and waiting your reply.
Mohammed Sofi Uddin
on January 15, 2013 at 3:08 pm
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Dear sir,
am a student,got an admission to study in the United states of America,but i was denied of the visa under misrepresentation and fraud.and i was told by the consular officer i can never enter in to the USA again,i was influence by a friend who told me to used fake documents which he said if i do not the school will not accept me because my grades are not good, and since its selective they will not accept me,which i did,and when i was got they ask me to write,and i wrote apologizing for i will never do a thing like that in my entire life.And now my fiance is a citizen and works in the ARMY and wish for the banned to be waived i don’t know if that can be possible.
THANKS.
on January 30, 2013 at 12:07 pm
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i am been found inadmissible under the section 212 (a) (6)(c)(i);(7)(A)(i)(I) , i want to know if i can get a waiver , i want to aplly for a border crossing visa only , my two childs are american citizens my i just want to apply for a bordder crossing visa to send my kids to a USA school near the border i don’t want to immigrate to USA only be able to cross the border to drop off and pick up my kids from school
on February 12, 2013 at 5:04 pm
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My Name is Jesus Osvaldo Betancourt Solis from Torreon, Mexico. My date of birth is May 17 1976.
I would like to get a Visa non immigrant but I just don’t know how to apply cause last time I applied I had a deny with a stamp in my passport with these numbers 212(a)(6)(c)(i), this happened more than 10 years ago.
Here at Motores John Deere Torreon Mexico, where I am working currently, I just lost a better job opportunity and the reason of this is because I’m not able to travel to the USA, in fact next month’s I have a run off test with a supplier who is building new equipment line and I just don’t know how go through this problem and I’m afraid my employer may end our work relationship.
Can you help me please . It’s been more than 10 years.
First I got an I-275 at the border 1998 canceling my visa after that I went to get a new visa they asked me for my old passport and I did not have it by that time I had the new one cause the old one was already out of date, So they thought I was hiding something and I got visa refusal with those numbers.
I never deny my fault back in 1998 when I got the I-275 but the lady in Monterrey didn’t believe I didn’t have the old passport on me, in fact I told her what happened in Laredo.
If you need more explanation about my case let me know cause the main reason I went to the USA in the 90’s was to get medical treatment at Shrinners Hospital in Houston Texas, I was a minor when I went to the USA.
My treatment was not allowing me to go back home and I was living in the hospital, in there they offer school for long time treatment patience’s.
Please let me know how should I handle this matter cause I don’t want to lose my Job and the opportunity to travel to your great country you have.
Sincerely appreciate your help
Jesus O Betancourt
Process Engineer
Motores John Deere
on February 19, 2013 at 7:26 pm
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i Have been found inadmisssible to US under 212 a6Ci on July 2004, I was out of US for more than 5 years already. I need to know if I need to fill a waiver in order to get my residence. My son is a US citizen of 21 years old.
on February 21, 2013 at 2:45 am
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i did apply for us visa with a different identity and nationality and then applied with an other identity they asked me that did you apply before whit a different identity i said no but in fact i did so they refused my visa i said no because i forgot that if i knew that i did before i would explain it for them but unfortunately i forgot it so can i apply again or not? they refused my under section 212(a) (6) c1 material misrepresentation
and then there is a warning which says
warning:If you fail to take the action requested whiten one year following visa denial under section 221(g)of the immigration and nationality act. section 223(g) of the act requires that your application be concealed. please some one explain it to me can i apply again or they will issue me a visa or not?
Thanks
on February 23, 2013 at 10:45 am
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in 2004 i was arrested in Dubai (U A E)with fake US passport AND DEPORTED BACK HOME TO PAKISTAN MY QUESTION IS HOW DO I OVER COME WITH THIS MATTER? I AM IN PROCESS OF GETTING IMMIGRANT VISA PLEASE REPLY THIS ASAP
on March 2, 2013 at 2:29 am
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MY WIFE WAS CROSSING AND TOLD THE AGENT SHE WAS AMERICAN AND WAS SENT BACK TO MEXICO. AFTER SEVERAL YEARS SHE FOUND HER OLD LOCAL VISA AND CROSS TO THE US. WE WENT A FILL OUT ALL OF THE PAPERWORK RECEIVED A TEMPORARLY JOB PERMIT. AFTERT THE INTERVIEW WE RECEIVED A LETTER OF DEPORTATION. SHE WENT BACK TO MEXICO AND IT HAS BEEN OVER 10 YEARS CAN WE APPLY AGAIN AND REQUESTED AS A HARDSHIP IAM A DISABLE VETERAN.
on March 10, 2013 at 10:52 am
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Is there any chance for my wife she has a lifetime bar under section 212(a)(6)(c)(ii). Myself and our two kids were born in the U.S.
on March 17, 2013 at 7:23 pm
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Mi nombre es mariela y quisera que por favor me ayudaras a que puedo hacer con un rpoblema que la semana pasado me llego n papel de la embajada donde me indica que se me nego la visa por la seccion 212(a)(6)(c)(i) quisera saber que puedo hacer para poder aplicar nuevamente ya que entiendo que se cometio un fraude pero a la hora de hacer mis cosas yo no hice nada de fraude quisiera saber si se puede apelar o hacer algo, te agradeceria me puedas orientar por favor gracias.