I was denied an H-1B visa under INA § 212(a)(6)(c)(i) fraud/misrepresentation. I want to clear my record so I can visit the United States to meet my friends and relatives.

Question:

Dear SRW Border Lawyers,

I completed my Master of Science degree in the United States several years ago. After completing my Master's degree, I accepted a job. My employer filed an H-1B visa on my behalf. The H-1B visa was approved, but when I went to have my passport stamped at the U.S. Embassy in Mumbai, I was denied under INA § 212(a)(6)(c)(i) fraud/misrepresentation. I want to clear my record so I can enter the United States to visit my friends and relatives.

Would it be possible to clear my status and eligible to enter in United States again?

Answer:

Thank you for contacting the SRW Border Team. You indicate in your question that your H-1B visa was denied due to a finding of inadmissibility under INA § 212(a)(6)(c)(i) (Fraud/Willful Misrepresentation). The SRW Border Team deals with INA § 212(a)(6)(C)(i) issues frequently. As you may know, inadmissibility under INA § 212(a)(6)(C)(i) creates a lifetime bar for entry into the U.S. Fortunately, there are means to overcome a fraud charge, whether it is (1) through a waiver, or (2) by challenging the finding itself and having it removed from your record. At this time, we simply do not have enough information to determine what course of action, if any, is best suited for your situation. To better understand your case and discuss what options are available to you, we strongly encourage you to contact our office and set up a consultation.

We look forward to working with you.