To be admitted to the United States, a foreign national must be admissible. A foreign national can be found inadmissible by USCIS, CBP, or a US consulate. If the foreign national is deemed inadmissible to the United States, they generally cannot obtain a visa or be admitted unless (1) the inadmissibility finding is corrected or shown to be incorrect, or (2) an applicable waiver of inadmissibility is granted.
INA 212a6Ci (INA 212(a)(6)(C)(i)) — Fraud or Willful Misrepresentation
Immigration lawyer assistance for 212(a)(6)(C)(i) misrepresentation findings and waivers.
People often search for this issue as INA 212a6Ci, 212a6Ci, or Section 212a6Ci. These are shorthand references to INA § 212(a)(6)(C)(i) (also cited as 8 U.S.C. § 1182(a)(6)(C)(i)), which can make a person inadmissible for fraud or willful misrepresentation of a material fact to obtain a visa, admission, or another immigration benefit.
What is a ground of inadmissibility?
What is INA 212a6Ci? (Plain English)
INA 212a6Ci, 212a6Ci, or Section 212a6Ci can apply when a person lies or intentionally leaves out important information to try to obtain a visa, admission to the United States, or another immigration benefit. A key part of this law is that the misrepresentation must involve a material fact, meaning it could affect the government’s decision. Because the facts and evidence matter, a careful analysis of what was said, what was omitted, and why it mattered is essential.
212(a)(6)(C)(i) inadmissibility due to misrepresentation
A foreign national may be inadmissible under INA 212a6Ci / 212(a)(6)(C)(i) if they made a false representation (or withheld material information) to obtain an immigration benefit.
What the government must prove under 212(a)(6)(C)(i)
A Section 212a6Ci inadmissibility finding is generally based on four core ideas:
- A false statement or omission (something untrue was said, or important information was left out)
- Made knowingly/willfully (not a simple misunderstanding; and “fraud” generally involves intent to deceive)
- About a material fact (the fact could have influenced the officer’s decision)
- To obtain a visa, admission, or another immigration benefit (the statement/omission is connected to getting an immigration benefit)
Not every mistake is fraud or willful misrepresentation. The strongest analysis focuses on intent, the materiality of the information, and the context of the application or interview.
How INA 212a6Ci findings happen (USCIS vs consulate vs CBP)
A 212a6Ci finding can arise in different settings, and the process often depends on the agency involved:
- USCIS (benefit applications inside the US): USCIS may raise concerns based on statements in filings, interview testimony, inconsistencies with prior records, or omitted information.
- US consulate (visa processing abroad): A consular officer may make a Section 212a6Ci determination during a visa interview based on the application, documents, and the applicant’s answers.
- CBP (ports of entry / airports / border): CBP can reach a misrepresentation conclusion during inspection when a person seeks admission, based on statements, documentation, and travel/immigration history.
How to obtain a determination that the 212(a)(6)(C)(i) ground of inadmissibility was incorrectly made
No matter which US government agency made the inadmissibility determination, each provides a method to dispute the determination, though processing times can differ drastically. We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the consulate in as little as two weeks. CBP may quote turnaround times as short as 30 days, and USCIS often does not provide a firm timeframe. In our experience, the more difficult the situation, the longer it may take to resolve.
Challenge paths by agency (overview)
- Consular findings (Department of State): Often involves clarifying the record, correcting misunderstandings, and presenting evidence addressing intent and materiality.
- CBP findings: Often focuses on what occurred during inspection and whether the conclusion accurately reflects the facts and the law.
- USCIS findings: Often raised through case procedures (responses to RFE/NOID, motions, or related filings), with evidence organized around intent, materiality, and eligibility.
Common examples of 212a6Ci misrepresentation findings
Section 212a6Ci issues often arise from answers on visa applications, statements made at a visa interview, or statements made to CBP during inspection at a port of entry. Below are common fact patterns that can lead to an alleged 212(a)(6)(C)(i) misrepresentation finding:
- DS-160 / visa application answers that are incorrect or incomplete (for example, mistakes about prior travel, employment, school history, or prior names/aliases).
- Failing to disclose prior visa refusals or giving inconsistent information about prior refusals, cancellations, or revocations.
- Failing to disclose prior overstays or status violations, or providing dates that conflict with government entry/exit records.
- Misstating marital status or family relationships (single vs married, prior marriages, children, fiancé/spouse facts, or relationship timelines that do not match records).
- Misrepresenting the purpose of travel (for example, stating “tourism” when the officer believes the intent is to work, study, remain long-term, or pursue a different activity).
- Employment misrepresentation, including inaccurate job title, duties, employer information, salary, work history, or presenting an offer/employment situation differently than reality.
- Education misrepresentation, such as inconsistent school attendance dates, degrees earned, transcripts, or program details.
- Document problems, including submitting altered/incorrect civil documents (birth, marriage, divorce), financial records, letters, or identity documents, or using documents that contain false statements.
- Criminal history omissions or inconsistencies, such as failing to disclose arrests/charges/citations, or giving an account that conflicts with available records.
- Prior removal / expedited removal / voluntary return history that is omitted or described inaccurately (including prior border encounters).
- Prior immigration filings that conflict with current claims (for example, prior applications, petitions, or statements that contradict the current version of events).
- Omitting a key fact that would affect eligibility, such as prior use of a different identity, prior immigration fraud allegations, or other inadmissibility triggers.
Not every inconsistency is willful misrepresentation. Whether a case fits INA 212a6Ci depends on intent, whether the fact is material, and whether the statement/omission was made to obtain a visa, admission, or another immigration benefit.
How to obtain a 212(a)(6)(C)(i) waiver
There are two types of waivers that apply to each ground of inadmissibility: one for immigrants and one for nonimmigrants. Immigrants are foreign nationals who are trying to obtain an immigrant visa or green card. Nonimmigrants are foreign nationals who are trying to obtain or enter with a temporary visa such as a B2 tourist visa, F1 student visa or H1B work visa, among others. Some grounds of inadmissibility allow both immigrant and nonimmigrant waivers, some allow one and some offer no waiver at all.
Many people who are faced with an inadmissibility determination believe that they will never be able to obtain a waiver or enter the US again. This is simply not true. For almost all types of inadmissibility classes, a waiver is available and there is always an option to challenge the determination. We have successfully helped many clients who were determined to be inadmissible and we can assist you. We believe that with the right approach, there is always a hope to win your case.
Paths for a Waiver of Inadmissibility
Frequently asked questions about INA 212a6Ci
What is INA 212a6Ci?
INA 212a6Ci (also written as INA § 212(a)(6)(C)(i)) is the immigration law section that can make a person inadmissible for fraud or willful misrepresentation of a material fact in order to obtain a visa, admission to the United States, or another immigration benefit. In plain terms, it applies when the government concludes that a person intentionally provided false information (or intentionally omitted key information) that mattered to the decision.
Is 212a6Ci a lifetime ban?
A finding under Section 212a6Ci is often described as “permanent” because it does not automatically expire with time. However, that does not mean a person can never return to the United States. Depending on the person’s situation and the type of visa or benefit sought, there may be ways to challenge the finding and/or seek a waiver where a waiver is legally available.
What makes a misrepresentation “material” under Section 212a6Ci?
A misrepresentation is generally “material” if it could have influenced the government’s decision, meaning it had the potential to affect eligibility or the outcome. In practical terms, information is more likely to be treated as material if it relates to an applicant’s identity, prior immigration history, prior refusals, removals, criminal history, marital status, employment, or other facts that could change whether the person qualifies for a visa or admission.
Does an honest mistake trigger 212(a)(6)(C)(i)?
Not every mistake triggers 212(a)(6)(C)(i). This ground typically requires **willfulness** (a knowing, intentional misstatement or omission), and “fraud” generally involves intent to deceive. A genuine misunderstanding, poor translation, clerical error, or confusion can sometimes be addressed by showing that the statement was not willful and/or not material. The outcome is highly fact specific, and the record (forms, interview notes, prior filings, and evidence) matters.
Can Section 212a6Ci be waived?
Sometimes but it depends on what the person is applying for and whether they qualify for a waiver. Common waiver pathways that may apply in certain cases include:
- Nonimmigrant waiver (INA 212(d)(3)) for certain temporary visas, which is discretionary and depends heavily on the facts, purpose of travel, and risk assessment.
- Immigrant waiver (INA 212(i)) in certain cases where the applicant has a qualifying US citizen or lawful permanent resident relative and can show extreme hardship to that qualifying relative if the waiver is denied.
- INA 237(a)(1)(H) may be available in certain situations as a separate form of relief, depending on the person’s posture and immigration history.
Whether a waiver is available and which one is a legal determination that depends on the applicant’s facts and eligibility.
How does USCIS evaluate fraud vs willful misrepresentation?
USCIS generally separates these concepts as follows:
Fraud: typically involves an intent to deceive the government to obtain an immigration benefit.
Willful misrepresentation: typically involves a knowing, deliberate false statement or omission of a material fact, even if the government does not always have to prove a separate intent to deceive to the same extent as “fraud.”
USCIS also focuses on whether the statement/omission was material and whether it was made to obtain a visa, admission, or another benefit. In real cases, USCIS often relies on inconsistencies across filings, interview testimony, and records from prior applications.
How do consulates apply INA 212(a)(6)(C)(i)?
Consular officers evaluate 212(a)(6)(C)(i) based on the visa application, supporting documents, the applicant’s interview answers, and information available in government systems. Consular findings often arise when officers identify inconsistencies, missing information, or credibility concerns tied to eligibility. In many cases, the most effective approach is to clarify the record, submit consistent documentation, and address intent and materiality directly, with a clean timeline and supporting evidence.
What’s the difference between 212a6Ci and 212a6Cii?
212a6Ci involves fraud or willful misrepresentation of a material fact to obtain an immigration benefit.
212a6Cii involves a false claim to US citizenship, which is treated differently and can be even more difficult to overcome.
Learn more here.
News Related to INA § 212(a)(6)(C)(i)
| Date | Title | Details | ||
|---|---|---|---|---|
| December 11, 2025 | Can I Fix 212(a)(6)(C)(i)? The Complete Guide to Overcoming a Willful Misrepresentation Bar | A Comprehensive 212a6Ci Guide | ||
| December 6, 2025 | INA 212(a)(6)(C)(i): How We Assist Applicants Overcome Misrepresentation Findings | Real Successful Case Examples | ||
| May 31, 2024 | Department of State's Foreign Affairs Manual (FAM) | This section provides detailed information on the distinctions between fraud and willful misrepresentation, emphasizing that both require the intent to deceive a U.S. government official to gain an immigration benefit. | ||
| February 1, 2023 | USCIS Policy Manual | This chapter offers an in-depth analysis of the legal standards for fraud and willful misrepresentation, including definitions, evidentiary requirements, and the process for determining inadmissibility |
