THE LATEST FROM SRW BORDER BLOG

Fraud/Misrepresentation Charge of Inadmissibility under INA §212(a)(6)(c) Vacated By U.S. Customs & Border Protection for Canadian Citizen

/

Last week, we received a formal letter from U.S. Customs & Border Protection (CBP) confirming that the Expedited Removal Order that had been issued against our client had been modified to vacate the fraud/misrepresentation charge lodged against our client under INA §212(a)(6)(c), which is a huge success for our client and has significant ramifications for her future U.S. immigration options.

In August 2010, our client, a Canadian citizen and former Chinese national, misrepresented to CBP that she was living in Canada, when in fact she had remained in the U.S. after being laid off from her H-1B position.  Our client, an engineer, had first come to the United States in TN status and had eventually changed to H-1B status.  Unfortunately, because of the weak economy, she was laid off from her sponsoring employer, which resulted in her losing her H-1B status.  Instead of returning to Canada, our client remained in the U.S. in hopes of securing new employment, which she was able to do.  However, since she had failed to maintain her non-immigrant status, she was ineligible to change her to status to TN from within the U.S. and needed to depart the U.S. and apply for admission in TN status at a Port of Entry.

While our client was successfully able to obtain TN approval, it was during one of her attempts to re-enter the U.S. that she was issued a Expedited Removal Order under INA §212(a)(7)(A) and INA §212(a)(6)(c).

Read More

Fraud/Misrepresentation - INA § 212(a)(6)(C)(i)

/

QUESTION:

Dear SRW Border Lawyers,

I am student attending a Canadian University located close to the U.S. border. Recently, I applied for a visitor visa to enter the U.S. so I could visit family and shop. My visa application, however, was denied because I was found inadmissible under INA § 212(a)(6)(C)(i)-fraud/material misrepresentation. The consular officer advised me that my visa was denied because of a previous misrepresentation made on an earlier visa. I explained to the officer that the misrepresentation was not wilful because I was misled by an immigration consultant. Nevertheless, I was told that I would need a nonimmigrant waiver to enter the U.S. from now on.

Can you please provide me with information on how I can remove the fraud/misrepresentation charge from my record? 

ANSWER:

Thank you for your question!

Given what you have stated, it appears from your email that the U.S. Consulate is alleging that you are inadmissible to the U.S. pursuant to INA § 212(a)(6)(C)(i) for possible fraudulent/material misrepresentation arising out of a previous visa application. Under INA § 212(a)(6)(C)(i), a foreign national who fraudulently or willfully misrepresents a material fact in an effort to obtain a visa, other documentation, or entry into the United States is inadmissible to enter the U.S.  (Additional information on fraud can be found on our website at: Fraud http://www.srwborderlawyers.com/fraud-charges/). Therefore, you would not be able to secure a B-1/B-2 (visitors) visa to the U.S. without first obtaining the necessary non-immigrant waiver. 

While a finding of fraud or willful misrepresentation is a lifetime bar, it can be overcome by applying for a 212(d)(3)(A)(i) waiver for non-immigrant purposes (i.e. such as a visitors visa).  Additional information on this waiver is available on our website at: http://www.srwborderlawyers.com/212d3-nonimmigrant-waiver/

However, based on what you stated regarding possibly being misled by an immigration consultation, we would want to speak to you further to discuss the factual circumstances of your previous visa application that the fraud charge is based on. Based on the information you provide, we may be able to discuss the possibility of challenging the INA § 212(a)(6)(C)(i) charge with the Dept. of State and ask them to revise/update their records to reflect that you are not inadmissible to the U.S. (something our firm has done in the past successfully).  Additionally, should that not be a possibility, we can discuss the waiver application process, timelines, and address any specific questions/concerns you may have. 

In order to determine the best strategy to move forward with your U.S. immigration matters, we would first need to speak with you in a consultation to learn more about your case. In order to have this discussion with you, we would need to have you set up a consultation with our office.  If you would like to set up a consultation with our office, please contact us at 716-854-7525.