Overcoming a Finding of Fraud or Willful Misrepresentation at the Consulate

If U.S. consular officers determine that an applicant committed fraud or willful misrepresentation to obtain an immigration benefit, they can make a finding under Immigration and Nationality Act (INA) 212(a)(6)(C)(i) that makes the applicant inadmissible to the United States. A finding of fraud or willful misrepresentation can result in a permanent bar to entry into the United States and therefore can be a serious obstacle to an individual’s U.S. immigration process. If such a finding is made, it is critical for an individual to understand the options for challenging this finding or obtaining a waiver of the permanent bar to entry.

Overview of a 212(a)(6)(C)(i) Finding

A 212(a)(6)(C)(i) inadmissibility finding occurs when a consular officer determines that an individual knowingly misrepresented a material fact to procure an immigration benefit. This includes providing false information on a visa application or other immigration document, or when otherwise seeking admission to the U.S. A finding of fraud or willful misrepresentation imposes a permanent bar to admissibility into the U.S. unless the individual can successfully challenge the finding or obtain an inadmissibility waiver.

Challenging the Finding

If an individual believes the inadmissibility finding is incorrect, the individual can request reconsideration of the finding by presenting new evidence to a consular officer. Valid grounds for challenge include cases where the misrepresentation was unintentional, the information was not material to the case, or there is corrected documentation proving the individual’s eligibility. Sufficient evidence may include affidavits, corrected documents, or other proof demonstrating that the error did not impact the individual’s overall eligibility. If the consular officer determines that the new evidence conclusively demonstrates that the individual did not commit fraud or willfully misrepresent a material fact, then the officer may reconsider the previous finding. It is the visa applicant’s burden to establish admissibility.

Applying for a Waiver of Inadmissibility

If the finding of fraud or willful misrepresentation cannot be challenged, then an individual may be able to obtain a waiver of inadmissibility. The requirements for obtaining a waiver vary depending upon whether an individual is seeking an immigrant or nonimmigrant visa. For an immigrant visa – that is, where a person is applying for a green card through a consular post – an individual must file Form I-601 with the USCIS to request a waiver and demonstrate that a denial of entry would cause extreme hardship to a qualifying relative. A qualifying relative for this type of waiver would be a U.S. citizen or lawful permanent resident spouse or parent.

For a nonimmigrant visa, a waiver is requested during the consular visa interview. There is no specific form for such a waiver. Rather, an individual typically submits a written request with details of the travel purpose, evidence of strong ties to the home country, if applicable, and supporting documentation. A consular officer will consider all factors presented to determine whether to recommend an approval of the waiver.

Conclusion

Overcoming a finding of inadmissibility due to fraud or willful misrepresentation requires careful preparation and prompt action. Given the permanent consequences and procedural complexity involved, it is advisable that those faced with a specific inadmissibility issue consult with an experienced immigration attorney to discuss any applicable options to resolve it. The Murthy Law Firm regularly assists in inadmissibility findings and any individual seeking assistance is encouraged to schedule a consultation to obtain specific advice.

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