INA ?212 is the place where most inadmissibility grounds are contained. Inadmissibility is a legal concept which refers to legally created reasons when an individual is not considered allowable into the territory of the United States. These individuals are commonly referred to as inadmissible. Inadmissibility is always based on prior conduct. Some grounds of inadmissibility carry a lifetime from admission while others allow specific types of waivers of inadmissibility.
Inadmissibility, if not waived, is an obstacle not only to legal entry into the United States, but also to most immigration benefits including the most common benefit of adjustment of status. It is also a resinous problem when one seeks a visa to travel to the USA at the local US consulate. Fighting determination of inadmissibility usually proves to be an arduous and often impossible task. While it is a legal determination, many individuals are disadvantaged by being outside of the US or their financial situation and many other factors which may come into play. When the original inadmissibility determination was correct, unchallenged or the challenge failed, the only other option that remains is a waiver when availed.
One of such waivers is one contained in INA ? 212(a)(6)(C)(i) for Fraud or Misrepresentation In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.So the three major meanings in this section of the law is what constitutes "willful"; "misrepresentation" and "material fact".
Waiver of Inadmissibility
Waivers are not designed to be pursued as a separate, stand-alone applications. Instead, these are supplemental benefits, which if granted, would excuse the grounds of inadmissibility they are designated to excuse. Hence, the waiver application must be filed contemporaneously or in conjunction with the underlying immigrant or nonimmigrant visa application to be given any consideration. Depending on the circumstances, different department of the US Federal government are authorized to adjudicate waivers. In most instances, waivers are adjudicated by USCIS's foreign posts having jurisdictional power over the consulate in the country where the applicant resides. In others, waivers are adjudicated in removal proceedings by an immigration judge. There are two specific provisions in the Immigration and Naturalization Act which deal with fraud and misrepresentation types of waivers.
Fraud or Misrepresentation Waivers -Inadmissibility
INA ? 212(i) - The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien 25b/ or, in the case of a VAWA self-petitioner 6aa/ , the alien demonstrates extreme hardship to the alien or the alien's United States citizen, lawful permanent resident, or qualified alien parent or child.
Fraud or Misrepresentation Waivers -Deportability
INA ? 237(a)(1)(H) - The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 212(a)(6)(C)(i), whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 212(a) which were a direct result of that fraud or misrepresentation.
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