Tag Archives: misrepresentation

U.S. Consulate Lifts INA 212(a)(6)(C)(i) Bar and Grants Immigrant Visa: A True Success Story

Within 21 days of receiving our Request for Supervisory Review of Immigrant Visa Refusal and Renewed Motion to Reconsider and Rescind Inadmissibility Finding under INA 212(a)(6)(C)(i), the U.S. Consulate removed the lifetime bar and instructed our client to continue the immigrant visa process. Ultimately, he received his Immigrant Visa after the new police certificate and updated proof of his U.S. citizen petitioner’s U.S. domicile and financial support were provided. Because the U.S. Consulate agreed to lift the fraud charge, no Form I-601, Application for Waiver of Inadmissibility, was required.

Born stateless, the applicant used to hold a refugee travel document that contained a visitor visa when he was a child. After he acquired citizenship in a country where he was not born, the applicant used the new passport to obtain a second visitor visa and traveled to the United States for a temporary recreational stay.

Despite being married to a U.S. citizen, he complied with the terms of his visitor visa and did not overstay the authorized period or apply for a marriage-based green card within the United States. Based on the approved Form I-130 immigrant petition filed by his U.S. citizen wife, he sought to become a permanent resident through an Immigrant Visa application at the U.S. Consulate overseas.

At the initial Immigrant Visa interview, the applicant presented his passport for visa stamping. About two months later, the U.S. Consulate conducted a re-interview in which it asked about the process he used to acquire the citizenship and obtain the passport. He explained the legal channels he used to get both. Nonetheless, the U.S. Consulate charged him with section 212(a)(6)(C)(i)(fraud/willful misrepresentation of material fact to gain a U.S. immigration benefit), upon noting it was unable to verify his acquired citizenship or the authenticity of the passport when it contacted the government authorities.

The U.S. Consulate instructed him to file a Form I-601, Application for Waiver of Inadmissibility, to be excused from the inadmissibility charge. A section 212(a)(6)(C)(i) finding prohibits applicants from receiving an Immigrant Visa without first getting an I-601 approval from USCIS.

Two months after the visa refusal, the applicant contacted me for the first time to discuss his options. In our Skype (video) consultation, I explained that one solution was to file a Form I-601 application, as the U.S. Consulate instructed. To receive the waiver, he would need to prove the extreme hardships his U.S. citizen wife would suffer if he is denied entry to the United States as a permanent resident. I noted there is never any guarantee the waiver will be granted due to the high standard of proof and the discretion involved in the decision-making.

I further pointed out that if he did not commit fraud or willfully misrepresent material facts to gain the prior B1/B2 visitor visa, the Immigrant Visa, or any other U.S. immigration benefit, he could file a Motion to Reconsider and Rescind Inadmissibility Finding with the U.S. Consulate. If such a motion is granted and the section 212(a)(6)(C)(i) bar is lifted, the I-601 waiver is not required for the visa to be issued.

The client opted to go with the request to reconsider the inadmissibility charge. After we entered into a representation agreement, I counseled him on the information and documents he needed to present to show he did not engage in fraud or willfully misrepresent material facts to receive any U.S. immigration benefit.

To support the Motion to Reconsider, I prepared a legal memorandum describing how the applicant used proper channels to obtain the passport and why the submission of this passport to the U.S. Consulate was actually immaterial to his eligibility for the Immigrant Visa, as well as the prior visitor visas he received.

Five days after receiving the Motion to Reconsider, the U.S. Consulate issued a response stating the section 212(a)(6)(C)(i) bar would remain and the applicant needed to file for an I-601 waiver. The Consulate noted the applicant had no concrete evidence to support his explanation on how he acquired the citizenship. The Consulate added that during its checks with the government authorities, it was determined beyond reasonable doubt the applicant misrepresented his case and deliberately provided false information and documents to receive an immigration benefit. They added he did not rescind his false statements when given the opportunity to do so.

In the Request for Supervisory Review and Renewed Motion to Reconsider and Rescind Inadmissibility Finding, I stressed the important points the U.S. Consulate missed when it issued the response affirming the section 212(a)(6)(C)(i) charge.

In reply to this Request and Renewed Motion, the U.S. Consulate sent a response 21 days later stating the section 212(a)(6)(C)(i) charge had been lifted. Five months later — following the completion of administrative processing — my client received the Immigrant Visa to join his wife in the United States, without needing to file for and obtain an I-601 waiver.

This is a true success story.


Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900


This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.


Fraud, Lies, and USCIS : Pitfalls in Naturalization

Filing for naturalization is relatively simple when compared to applying for aNaturalization Oath Ceremony green card. Becoming a U.S. citizen is generally recommended: you get to vote for elected officials, obtain federal jobs, sponsor immediate relatives for green cards, travel freely with a U.S. passport, and gain immunity from deportation or removal.

But the naturalization process opens you up to further scrutiny by the U.S. Government. You are inviting U.S. Citizenship & Immigration Services (USCIS) to review your entire immigration record. So beware of the pitfalls.

Fraud, lies and misleading statements that were previously overlooked could come to USCIS’ attention when you file for naturalization. In some cases, the misrepresentation is innocent, unintentional, or purely out of embarrassment. In others, a finding of misrepresentation is based on USCIS’ faulty reasoning or misguided assumptions. Either way, you are on the defensive.

If USCIS finds that you previously committed fraud, lied, or made misleading statements to the U.S. government or to gain immigration benefits, it may deny your application. Even worse, you could be placed in removal proceedings and risk losing your permanent resident status. Furthermore, through denaturalization proceedings, a citizenship grant may later be revoked based on a fraud finding – leaving you with no status.

The following are common cases in which USCIS may detect fraud or misrepresentation during the naturalization process:

Case #1: Natalia is granted lawful permanent resident status based on an approved Form I-360 (religious worker) petition.

After being a permanent resident for five years, she files for naturalization. USCIS then investigates the religious organization that petitioned for her and finds that it does not exist and was not in operation when it filed the I-360 petition for Natalia. USCIS concludes that Natalia never worked for the religious organization.

Case #2:  Sergio is granted a K-1 visa based on a Form I-129F petition that his U.S. citizen fiancée filed for him. After arriving in the  U.S., he marries his fiancée within 90 days and files his Form I-485 application to adjust to permanent resident status. The USCIS Service Center grants him conditional resident status without an interview. Two years later, Sergio files a timely Form I-751 petition to remove the conditions on his permanent residency. The USCIS Service Center approves the petition without an interview.

After being a permanent resident for three years, Sergio files for naturalization. At the naturalization interview, he reveals that he is separated from his U.S. citizen spouse and that they no longer live together. USCIS then conducts an investigation that leads them to believe the couple entered into a sham marriage to gain immigration benefits.

Case #3: Maya enters the United States on a tourist visa and files for asylum within one year of her arrival. On her asylum application, she falsely claims her brother as her spouse with the hope that he can later come to the United States as a derivative beneficiary. She next enters into a bona fide marriage to a U.S. citizen, who files an immigrant petition for her. USCIS approves Maya’s marriage-based green card application, which does not list any prior marriages.

When Maya applies for naturalization, USCIS reviews her file and finds the asylum application. USCIS requests the divorce decree showing that she terminated the prior marriage, which she claimed on her asylum application. USCIS wants the divorce decree to confirm whether Maya was legally free to marry her U.S. citizen spouse. Maya cannot produce the divorce decree because the spouse she claimed on her asylum application is actually her brother.

Case #4:  Igor enters the United States on an immigrant visa based on an I-130 petition that his lawful permanent resident mother filed for him.  But between the time his mother filed the petition and the time he obtained the immigrant visa, Igor secretly married his high school sweetheart without their parents’ consent.  Igor is unaware that the marriage disqualified him from immigrating under the family second-preference category, which applies to unmarried (but not to married) children of permanent residents.

During the naturalization process, USCIS investigates Igor’s immigration history and discover the marriage certificate.

These cases are common scenarios that attorneys are asked to evaluate after the applicant has already filed for naturalization and is now facing a denial or a Notice to Appear in removal proceedings. The better choice is to consult the attorney before you file for naturalization.

Fraud, lies and misleading statements go hand in hand with whether you lawfully obtained your permanent residence and meet the good moral character requirement to qualify for naturalization.

If you did not qualify for permanent residency in the first place, then you are not eligible for naturalization.

And to naturalize, you must show that you have been a person of good moral character during the statutory period. In general, the statutory period begins 3 to 5 years prior to filing the application. USCIS can also consider bad acts before the statutory period, if during the current 3 or 5 year period, you haven’t shown rehabilitation, or if the past bad acts relate to your current moral character. All applicants must show they continue to be a person of good moral character until they naturalize.

Giving false testimony, under oath or affirmation, to obtain immigration benefits during the statutory period prevents you from showing good moral character. This  mandatory bar applies even if you were granted a waiver of misrepresentation during the green card application process.

As of the date of this post, the latest 9/13/13 version of the N-400 form, asks:

Have you ever given any U.S. Government official(s) any information or documents that was false, fraudulent or misleading? [Question 31, part 11, page 17)]

Have you ever lied to any U.S. Government official to gain entry or admission into the United States or to gain immigration benefits while in the United States? [Question 32, part 11, page 17)]

Past misrepresentation or misrepresentation on the naturalization application itself or during the naturalization interview may lead to a denial of your application. Although rare, your citizenship can also be revoked through “denaturalization” if USCIS later discovers the misrepresentation.

When a denial is without prejudice, you may reapply for naturalization after a certain period has passed. But you might not get a second shot. Instead, you could face deportation. If you don’t qualify for any relief or if your request for relief is denied, you risk  losing your permanent resident status and being ordered removed from the United States.

Talk to an attorney before you file for naturalization.  A qualified attorney can help you determine whether you qualify for naturalization,  present negative facts in the best light possible, and pinpoint red flags that may lead to a denial and/or put you at risk of removal. The attorney can also help you evaluate a denial and determine whether to appeal it, file a new application later, or let things be.

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.


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