In 2014, my baby boy was born in Arlington Heights, USA. In 2015 I was deported from a Chicago airport with my wife & my US citizen baby boy.

I reapplied for a visitor visa in 2017; they give me a green paper and asked me to pay the hospital bill. I paid it and sent the receipt to the consulate, but was not given a visa.

I applied again in January 2019. The consular officer gave me a letter stating that I am inadmissible under section 212 (a)(6)(c)(i), meaning I have to get a waiver to become admissible.

Is it possible to get a waiver given my circumstances? Will I be able to get a visa if I do get a waiver?

  • 1
    What type of visa? Visitor or immigrant? After a deportation it seems pretty unlikely you’ll ever get a non-immigrant (Visitor) visa – Traveller Jun 24 '19 at 12:30
  • Waivers are for people who have exceptional circumstances that require them to visit the US. Do you have exceptional circumstances? – DJClayworth Jun 24 '19 at 14:17
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    212 (a)(6)(c)(i) Waivers are for fraud/misrepresentation. I see two problems with your situation, namely public charge for misusing public assistance and the misrepresentation itself. Even if the misrepresentation is waived, I don’t see you getting the visa because you have a history of misusing public assistance. You can get an attorney since you’re obviously not knowledgeable about these things and this is a complex situation however in my opinion your chances of success are slim and none – Augustine of Hippo Jun 24 '19 at 14:29
  • @user56513: Under current rules, public charge inadmissibility only considers cash assistance and long-term institutionalized care. It does not consider hospital bills or medical assistance like Medicaid. That does not meant that they can't deny the OP under other grounds like "immigrant intent" or fraud, but it would not be under the ground of being likely to become a public charge. – user102008 Jun 24 '19 at 20:05
  • @user102008 I acknowledge what you're saying is right in theory, however many people have had their visas cancelled and been denied entry because they came to have children in the USA and used public funds. So in reality they're already using that criteria. It's even implicit in that they asked him to go and pay the hospital bill. – Augustine of Hippo Jun 24 '19 at 20:36

I'll assume you are still applying for a visitor visa, so the waiver you need is a nonimmigrant waiver. When you get denied your visa, and you are denied only for bans and not for immigrant intent, the officer can recommend you for a waiver. If they recommend you for a waiver, they will let you know about the process. If they don't recommend you for a nonimmigrant waiver, there isn't much you can do.

  • I just noticed that (a)(6)(C)(i) is misrepresentation. If someone is found inadmissible under that section, is there any way to challenge the finding of misrepresentation? As far as I know, there isn't even a way to find out what misrepresentation is alleged. Is that correct? – phoog Feb 20 '20 at 22:36

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