Inadmissibility 212(a)(6)(C)(ii)

[Ana & Cesar 5]

Hi Vj friends,

My husband's petition (I-130) was just approved recently after over 10mos of waiting. He was on a 5 yr ban from 2008 -2013. We waited until his ban was over before I filed the petition. We are now waiting for his interview date in Manila. I am wondering if we will need a waiver for his previous ban? Any ideas here will be highly appreciated. Thank you friends...

[canadian_wife 1,829]

What is the ban for? Was he deported?

good luck

[Ana & Cesar 5]

What is the ban for? Was he deported?

good luck

He was not admitted at the point of entry in San Francisco. That was his 3rd entry to the US. They found him overstaying on his 1st visit. We wait out the ban before I petition him hoping there wouldn't be any problem on him coming over again. He was on a tourist visa then and now he is an approved immigrant petition (I-130). So what do you guys think? any input here? I'd like to be ready just in case....

[apple21 953]

You'll need a waiver IF he was denied of the visa (after the embassy interview).

[Shiobhan 235]

Has he gone to the interview yet? The CO at his embassy will issue

a paper to apply for waiver if he needs one, If he does get a lawyer

to handle the waiver, its not just a form it will need briefs & evidences

he may need I 601 for overstay

[Ana & Cesar 5]

Has he gone to the interview yet? The CO at his embassy will issue

a paper to apply for waiver if he needs one, If he does get a lawyer

to handle the waiver, its not just a form it will need briefs & evidences

he may need I 601 for overstay

No, we are still waiting for an interview, we just got approved 3 days ago. This is what I'm afraid of. Waited too long for the approval and now the possibility of more waiting because of that issue that happened so many years ago is just to much to think right now. So even if we waited out that ban, do we still need that waiver? We are hoping that the CO will be very understanding on this for us. Is there any way we can get off that?

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[ShirahBet 42]

The COs are by the book. You aren't going to get the one CO who decides to be lenient no matter how much you want it. So hope for the best and expect the worst.

I also just found this:

A finding of fraud under section 212(a)(6)© of the INA results in a lifetime bar for future immigration benefits such as a green card and the ability to petition family unless granted a waiver.

If that is the case, then you probably want to look into the probability of having to file a waiver. I would consult with a lawyer. Remember, a consultation doesn't mean that you have to retain them. There are tons of lawyer referrals over on immigrate2us.net vs. here on visajourney. If this was just a 601 waiver, I did our's by myself and without a lawyer, but I did consult with one about a year before we got started.

[jan22 3,070]

The COs are by the book. You aren't going to get the one CO who decides to be lenient no matter how much you want it. So hope for the best and expect the worst.

I also just found this:

A finding of fraud under section 212(a)(6)© of the INA results in a lifetime bar for future immigration benefits such as a green card and the ability to petition family unless granted a waiver.

If that is the case, then you probably want to look into the probability of having to file a waiver. I would consult with a lawyer. Remember, a consultation doesn't mean that you have to retain them. There are tons of lawyer referrals over on immigrate2us.net vs. here on visajourney. If this was just a 601 waiver, I did our's by myself and without a lawyer, but I did consult with one about a year before we got started.

I'm sorry to perhaps bring really bad news to you, but an overstay would not result in an inadmissibility under 212(a)(6)©(ii) as your subject lines indicates. That's for making a false claim to U.S. citizenship. Did your husband do that? Was that the finding from USCIS? If so, unfortunately, there is absolutely no waiver of that ineligibility for an immigrant visa applicant, including the spouse of a U.S. citizen. If that's an official finding (and I suspect you wouldn't have come up with that precise section unless it's somewhere in your husband's paperwork), your husband will never qualify for an immigrant visa for the U.S. -- no amount of waiting or wavier will make him eligible. You need to find out more about what happened during your husband's time in the U.S. if you don't already know. I wish you the best as you figure this all out.

[canadian_wife 1,829]

False claims to US citizenship?

I think you need to tell us the entire story

good luck

[ShirahBet 42]

I'm sorry to perhaps bring really bad news to you, but an overstay would not result in an inadmissibility under 212(a)(6)©(ii) as your subject lines indicates. That's for making a false claim to U.S. citizenship. Did your husband do that? Was that the finding from USCIS? If so, unfortunately, there is absolutely no waiver of that ineligibility for an immigrant visa applicant, including the spouse of a U.S. citizen. If that's an official finding (and I suspect you wouldn't have come up with that precise section unless it's somewhere in your husband's paperwork), your husband will never qualify for an immigrant visa for the U.S. -- no amount of waiting or wavier will make him eligible. You need to find out more about what happened during your husband's time in the U.S. if you don't already know. I wish you the best asas you figure this all out.

Not sure why you quoted me because I didn't have the question, but it is waiverable, only for non immigrant visas. That being said, it's clear that we didn't get the whole story and I still think the OP has to prepare for the worst.

[Ana & Cesar 5]

Not sure why you quoted me because I didn't have the question, but it is waiverable, only for non immigrant visas. That being said, it's clear that we didn't get the whole story and I still think the OP has to prepare for the worst.

Thanks for all the input Yes, I did some research just recently on this case. I kind of wonder about that because according to my husband, he did not claim to be a US citizen during that ordeal. They found him overstaying in his first visit for 3 mos and somehow accused him of working during his stay. He told me he just wanted to get out of that situation because they were interrogating him for straight 10 hours. That's why he said yes so he can get out of there. I know that was a stupid move but it's over and done already. And the officer told him because he was very cooperative he will give him only 5yr ban instead of 10. So guys I know this may be a problem on our interview day, but is this really going to be a long shot for us?

[quitepainful 56]

you need to seek the advice of a seasoned attorney for this... look up laurel scott ... she is the queen of waivers and 601, inadmissibility... she holds free chat sessions every wednesday, see if you can make it and ask her questions, she will answer general questions, but if you need a consultation, DO IT! dont mess around with this...

[Blueberry Pancake 311]

you need to seek the advice of a seasoned attorney for this... look up laurel scott ... she is the queen of waivers and 601, inadmissibility... she holds free chat sessions every wednesday, see if you can make it and ask her questions, she will answer general questions, but if you need a consultation, DO IT! dont mess around with this...

I agree.

Ana, here's the immigrate2us.net list of recommended lawyers. http://immigrate2us.net/forum/showthread.php?91329-Immigration-Lawyers-Recommended-by-I2US-Members

(I think the most recommended waiver attorneys are Laurel Scott [free weekly chats: http://www.scottimmigration.net/chatroom.html ], Lizz Cannon, Laura Fernandez and Ana Maria Schwartz)

You could also post your question there as this is a (great) forum for difficult cases (waivers, EWI etc).

Good luck!

Edited January 13, 2014 by Blueberry Pancake

[Avery Cates 1,141]

We are hoping that the CO will be very understanding on this for us.

It's good to have a dream.