My father's USA visitors visa application refused on 212(a)(6)(C)(i)

My father's USA visitors visa application refused on 212(a)(6)(C)(i) - Grand Canyon during Golden Hour

My father had a valid 10 year visit visa and he visited the US a couple of times. His visa expired recently, so he applied for renewal. In the course of applying, he made a mistake on his application DS160 form: in the City of Birth space, he wrote the name of the city where he lives, instead of the city where where he was born as shown in his passport.

His visa was refused, citing Section 212(a)(6)(C)(i) Misrepresentation. He was sent a refusal letter, with 'Classes ​of Applicants Eligible to Apply for ​Waiver ​under ​INA 212(i)' ticked/checked.

What is our next step in order for him to get a visa?

Edit: I would like to add that my father's provided sponsorship from an American citizen and no other documents from him. They never asked to see his documents. How/where do we apply for the waiver?



Best Answer

Get a competent immigration attorney if you want to have even a glimmer of a chance. Don't waste time trying to get answers from internet forums. He will need a waiver of inadmissibility or retraction of the charge of fraud.

There is likely something more than you are saying because putting city name instead of place of birth is a relatively trivial error which should not lead to this.

Material, willful misrepresentation or fraud is the second most “popular” grounds for inadmissibility among consular officers — and one of the most complicated areas of immigration law. The consequences for making such a misrepresentation are draconian: a lifetime bar from the United States. This is why consular officers are cautioned to be careful in making such a decision, with such decisions subject to “strict scrutiny” and requiring “substantial evidence” to support them

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212(a)(6)(C)(i) 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.




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What can I do if my US visa is refused?

To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. Review the website of the U.S. Embassy or Consulate where you plan to reapply to learn about any reapplication procedures.

Can you apply for US visa after refusal?

Take an honest look at your life situation and your U.S. immigration history to determine the reasons why you were refused a tourist visa. While you can't appeal the consular officer's decision, the good news is that the decision is not permanent and you can reapply for a visa at any time after your refusal.

What does refused mean in US visa status?

A visa refusal under section 221(g) of the Immigration and Nationality Act (INA) means the applicant did not establish eligibility for a visa to the satisfaction of the consular officer, as is required under U.S. law, specifically section 291 of the INA.

How do you answer Have you ever been refused a US visa or been refused admission to the United States or withdrawn your application for admission at the port of entry?

A common question asked while filling DS 160 form is question: Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry? You have to answer \u201cYES\u201d if your US visa has been denied at the US embassy.



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Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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