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.