INA 212(a)6)(C)(i) Waiver

If when seeking entry to the United States you make false statements or willfully misrepresented material facts to seek admission or obtain a visa, you can be found inadmissible. If you have been found inadmissible to the United States under 212(a)(6)(C)(i) for fraud or misrepresentation, you cannot enter without a waiver of inadmissibility. We discuss how to obtain a waiver for fraud or misrepresentation under 212(a)(6)(C)(i) here.

Why was I refused under 212(a)(6)(C)(i)?

You may be found inadmissible to the United States under 212(a)(6(C)(i) if the reviewing immigration official determines that you have attempted to willfully obtain a visa through the misrepresentation of materials facts or other documentation. In other words, you have lied and intentionally falsified documents for the purpose of obtaining a visa to the United States. The regulation states:

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 chapter is inadmissible. 212(a)(6)(C)(i)

How do I obtain a 212(a)(6)(C)(i) waiver?

There are two types of waivers available for admission to the United States, one for nonimmigrants, and one for immigrants. If you are seeking to enter the United States for a temporary purpose such as a visitor, TN Visa, E Visa, L Visa, or any other temporary purpose, this falls under a nonimmigrant visa waiver. If you are seeking to enter the United States permanently based on an immigrant visa (green card), this would fall under an immigrant visa waiver.

Nonimmigrant waiver for 212(a)(6)(C)(i)

If you are seeking entry to the United States as a nonimmigrant visitor or temporary worker, a nonimmigrant visa waiver can be issued for a one-year term (five-year term in limited circumstances) if you can establish your visit to the United States would not be harmful to US interests.  The immigration official will consider the following factors when deciding whether or not to issue the nonimmigrant visa waiver:

  1. The recency and seriousness of the activity or condition causing the inadmissibility;
  2. The reasons for the proposed travel to the US; and
  3. The positive or negative effect, if any, of the planned travel on US public interests.

Immigrant waiver for 212(a)(6)(C)(i)

If you are seeking entry to the United States as an immigrant, the immigration official will consider the following when determining whether or not to issue an immigrant visa waiver:

  1. The foreign national is the spouse or child of a USC/LPR and can demonstrate that the US relative would suffer extreme hardship if the waiver is not granted; or
  2. The foreign national is a VAWA self-petitioner and can demonstrate extreme hardship to himself or herself or USC/LPR relative.

Do I need a lawyer for the waiver process?

The waiver process for both a nonimmigrant and immigrant waiver is complicated and requires an understanding of the regulations and how to present a case properly and effectively to ensure the best possible outcome. It is best to work with an immigration lawyer experienced with the waiver process. If anything, a qualified immigration lawyer can advise you of the likelihood of you obtaining a waiver.

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