Being found inadmissible to the United States under 212(a)(6)(C)(i) for fraud or misrepresentation is a serious matter. This occurs when an individual makes false statements or willfully misrepresents material facts in their efforts to obtain a visa or admission into the U.S. Understanding how to navigate the waiver process for such inadmissibility is crucial for those wishing to enter the United States.

Understanding Refusal under 212(a)(6)(C)(i)

Inadmissibility under 212(a)(6)(C)(i) is determined if an immigration official finds that an individual has attempted to obtain a visa through the deliberate misrepresentation of material facts or documentation. The regulation states that anyone who commits fraud or willfully misrepresents a material fact to procure a visa or other U.S. entry benefits is inadmissible.

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

The waiver process varies depending on whether you are a nonimmigrant or immigrant visa applicant:

  1. Nonimmigrant Waiver for 212(a)(6)(C)(i):
    • This waiver applies to those seeking temporary entry to the U.S. (e.g., visitor, TN Visa, E Visa, L Visa).
    • It can be issued for a one-year term (five-year term in limited cases) if the applicant proves their visit will not harm U.S. interests.
    • Factors considered include the recency and seriousness of the inadmissible activity, the purpose of the proposed U.S. travel, and the potential impact on U.S. public interests.
  2.  Immigrant Waiver for 212(a)(6)(C)(i):
    • For those seeking permanent entry (immigrant visa), the waiver is considered if the applicant is a spouse or child of a U.S. citizen (USC)/Lawful Permanent Resident (LPR) and can demonstrate extreme hardship to the USC/LPR relative.
    • VAWA self-petitioners may also qualify by demonstrating extreme hardship to themselves or a USC/LPR relative.

Do You Need a Lawyer for the Waiver Process?

The waiver process, whether for a nonimmigrant or immigrant visa, is complex and requires a deep understanding of immigration regulations. Presenting an effective case to the authorities is critical for a favorable outcome. Working with an experienced immigration lawyer is highly advisable. A qualified attorney can not only guide you through the process but also assess the likelihood of successfully obtaining a waiver.

Navigating the waiver process for inadmissibility due to fraud or misrepresentation under 212(a)(6)(C)(i) demands careful preparation and a thorough understanding of the legal framework. Seeking professional legal advice is a prudent step in this challenging yet crucial process.

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