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Fraud; or Willful misrepresentation
- An applicant may be found inadmissible if he or she obtains a benefit under the Immigration and Nationality Act (INA) either through: Fraud; or Willful misrepresentation.
www.uscis.gov › policy-manual › volume-8-part-j-chapter-2
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What is section 212(a)(6)(a)(I) of the Immigration and Nationality Act?
What is INA 212(a) (6)(a)?
Who is ineligible for INA 212(a) (6)(a)?
How can a person be found inadmissible under the Immigration and Nationality Act?
CHARGES: Section 212(a)(6)(A)(i) of the Immigration and Nationality Act (INA), an alien without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General.
How to obtain a 212(a)(6)(A) waiver. There are two types of waivers that apply to each grounds of inadmissibility: one for immigrants and one for nonimmigrants. Immigrants are foreign nationals who are trying to obtain an immigrant visa or green card.
- A. General
- B. Willful Misrepresentation
- C. Fraud
- D. Comparing Fraud and Willful Misrepresentation
- E. Overview of Admissibility Determination
- Footnotes
An applicant may be found inadmissible if he or she obtains a benefit under the Immigration and Nationality Act (INA) either through: 1. Fraud; or 2. Willful misrepresentation. Although fraud and willful misrepresentation are distinct actions for inadmissibility purposes, they share common elements. All of the elements necessary for a finding of i...
Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact.For a person to be inadmissible, the officer must find all of the following elements: 1. The person procured, or sought to procure, a benefit under U.S. immigration laws; 2. The person made a false representation; 3. The fals...
Inadmissibility based on fraud requires a finding that a person knowingly made a false representation of a material fact with the intent to deceive the other party. For a person to be inadmissible for having procured entry, a visa, other documentation, or any other benefit under the INA by fraud, the officer must find all of the following elements:...
In practice, the distinction between fraud and willful misrepresentation is not greatly significant because either fraud or a willful misrepresentation alone is sufficient to establish inadmissibility. The following table shows a comparison of the elements required for each ground: As the table illustrates, a fraud finding encompasses a willful mis...
A finding of willful misrepresentation or fraud requires certain determinations. If the evidence indicates that the person may be inadmissible due to fraud or willful misrepresentation, the officer should follow the steps in the table below to determine inadmissibility: When making the inadmissibility determination, the officer should keep in mind ...
[^ 1] For more on the interplay between findings of fraud and willful misrepresentation, see Section D, Comparing Fraud and Willful Misrepresentation [8 USCIS-PM J.2(D)]. [^ 2] See INA 212(a)(6)(C)(i). For a definition of materiality, see Chapter 3, Adjudicating Inadmissibility, Section E, Materiality [8 USCIS-PM J.3(E)]. [^ 3] See Matter of Y-G-,2...
Jul 10, 2019 · Immigration and Nationality Act. The Immigration and Nationality Act (INA) was enacted in 1952. The INA collected many provisions and reorganized the structure of immigration law. The INA has been amended many times over the years and contains many of the most important provisions of immigration law. The INA is contained in the United States ...
(6) Illegal entrants and immigration violators (A) Aliens present without admission or parole (i) In general. An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.
Jun 24, 2022 · According to section 212(a)(9)(B)(ii) of the INA, you accrue unlawful presence if: You are present in the United States without being admitted or paroled; or You have remained in the United States after the expiration of the period of stay authorized by the DHS secretary.
a. (U) An individual placed in removal proceedings on or after April 1, 1997, who without reasonable cause, fails or refuses to attend or remain in attendance at proceedings to determine their inadmissibility or deportability is ineligible under INA 212 (a) (6) (B) for five years following their departure or removal from the United States.
