This Ask the Consul article addresses the Immigration and Nationality Act (INA) Section 212(a)(6)(C)(i) visa ineligibility for non-immigrant and immigrant visa applicants.
Q: What is an INA 212 (a)(6)(C)(i) ineligibility?
A: The Foreign Affairs Manual (FAM) states:
In order to find an alien inadmissible under INA 212(a)(6)(C)(i), it must be determined that: 1. There has been a misrepresentation made by the applicant; 2. The misrepresentation was willfully made; and 3. The fact misrepresented is material; and 4. The alien by using fraud or misrepresentation seeks to procure, has sought to procure, or has procured a visa, other documentation, admission into the United States, or other benefit provided under the INA.
Q: What is misrepresentation? What does the penalty mean?
A: A misrepresentation is a statement or manifestation not in accordance with the facts. Misrepresentation requires an affirmative act taken by an applicant. A misrepresentation can be made in various ways, including in an oral interview or in written applications, or by submitting evidence containing false information. It is a severe penalty a visa applicant incurs: lifetime inadmissibility, unless a waiver is obtained.
Q: My friend told me that I should just change the information on my application to improve my chances of being approved, should I do it?
A: Misrepresenting yourself, or providing false information on the application or at the interview can lead to a 6(C)(i) ineligibility for fraud or misrepresentation. It is always a better choice to provide true and consistent information. Even if you have been refused in the past using the correct information, please use the correct information again. This will only strengthen your case by showing that you are an honest applicant and that you are not trying to misrepresent yourself.
Q: The Consular Officer told me I am ineligible to receive a visa under 212(a)(6)(C)(i). What does this mean? What can I do?
A: Receiving a 6(C)(i) ineligibility means that the officer believes that you have either perpetrated fraud or that you have misrepresented yourself on your application or at the interview, or at some point in the past.
Some actions that can lead to this ineligibility include: providing false information on your application or during the interview; presenting someone else’s passport at a port of entry in an attempt to gain entry into the United States; presenting a fake or improperly obtained identification document as a proof of identity; presenting altered or fake civil documents.
It is very important to note that a 6(C)(i) ineligibility is permanent and that one should be very careful before engaging in any actions that could be misconstrued as being a misrepresentation or fraud.
If would like to apply for or renew your visa but you have had a problem with immigration or the police in the past that you think may cause an ineligibility, you should still go through the regular visa application process whether it be for a non-immigrant or an immigrant visa. The Consular Officer will inform you of any ineligibility during your interview. If you are ineligible, the officer will tell you if you qualify to seek a waiver from the Department of Homeland Security.
It is very important that you declare what happened with the police or immigration authorities on your online application and again with the Consular Officer during your interview. The Consular Officer may have additional questions for you, and you should answer those questions truthfully to the best of your knowledge.
*** Note: These responses provide only a broad guideline and are not comprehensive. Each case must be considered independently. For further details, please refer to the following websites http://georgetown.usembassy.gov and/or www.uscis.gov.
*** “Ask the Consul” is a bi-weekly column from the U.S. Embassy answering questions about U.S. immigration law and visa issues. If you have a general question about visa policy please email it to us at AskGeorge@state. gov. We select questions every other week and publish the answers in Stabroek News and on our website at http://georgetown.usembassy.gov/ask-the-consul.html . Information about visas and travel can be viewed at http://georgetown.usembassy.gov, http://travel.state. gov, and at http://www.dhs.gov.
Applicants are strongly encouraged to prepare their own documents and avoid third-party advice. U.S. Consular rules change frequently and non-US government advisors often provide inadequate or inaccurate information.
Other than the questions we select, we DO NOT respond to questions sent to Ask the Consul. Please contact the visa inquiries unit (email visageorge@state. gov or call 225-7965 between 8 am and 4 pm Monday through Friday) if you have questions about a specific case.