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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?

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    There has to be more than just a mistake. It must have been wilful and the officer must have given him the chance to change his wrong answer. More importantly, the wrong city of birth must have been material to the visa. I.e He wouldn't have qualified for a visa if the right city of birth was mentioned. – greatone May 17 '17 at 21:55
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    We're not being told the whole picture and that's fine if you're not comfortable doing so on the internet. But if you do get an attorney you will want to let him know everything in order to get the best representation. – user 56513 May 17 '17 at 22:31
  • You dont seems to have a slightest idea of what might have gone wrong , maybe the old man is innocent with some unintensional error. just flair usage of words that has a sound of professionalism but no content instead suspecting his intend. – vasu dev shankar May 18 '17 at 10:54
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INA 212(a)(6)(C)(i) is material misrepresentation or fraud, which is a lifetime ban. He will need a waiver to go to the US. What kind of visa is he trying to get?

If he is trying to get a nonimmigrant visa, like a visitor visa, to visit, and not immigrate, he will need to apply for a nonimmigrant waiver. There is no form to apply for such a waiver; rather, when he applies for a visa and is denied with this ban being the reason, the consular officer will let him know what is the procedure to apply for a waiver, which will be adjudicated by that same officer. Note that nonimmigrant visas can also be denied for "immigrant intent" (the generic reason for denial), which has no waiver. Only if he is denied for the misrepresentation ban and not immigrant intent, can he potentially apply for a waiver.

If he is trying to get an immigrant visa to immigrate, he will need to apply for an immigrant waiver with Form I-601. He will need to show "extreme hardship", to his spouse or parent who is a US citizen or permanent resident, if he cannot be in the US. If he has no such qualifying relative, then he cannot get a waiver. (In such a case, if your mother will also immigrate, she can immigrate first, becoming a permanent resident, thus providing a qualifying relative.) Even with a qualifying relative, it is very hard to demonstrate "extreme hardship".

Alternately, maybe he could try to argue that he doesn't really have this ban, that the misrepresentation wasn't "material" to the adjudication of the application. However, consular decisions are non-reviewable, and it's very hard to convince them that they are wrong.

  • Thank you sir ! For a reasonable information. My father is 68yrs old , has his own manufacturing company of tiles sine last 25yrs. His intend is just to visit daughter family once . Prior visited USA twice in 2002 & 2004 for 4&5months respectively no overstays. It's aweful when others in forum write anything irrelevant about my fathers intend . Really . We are still not sure what went wrong in application form or appointment . Thank you very much for relevant answer (user102008). – vasu dev shankar May 18 '17 at 10:41
  • Going for a waiver is admitting the misrepresentation. If you father did not misrepresent anything other than the above fairly small matter definitely get a lawyer onto this. – DJClayworth Jun 24 at 20:17
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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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    Looks to me the OP's father tried to hide his country of birth and if the officer had known where he was born, his application would have been refused. – greatone May 17 '17 at 21:58
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    @greatone I understand you however it doesn't make sense. This is an older man man who had a prior 10 year visa, why try to hide your place of birth when going for a renewal? I don't believe we're getting the complete story, there's more going on than we're being told. – user 56513 May 17 '17 at 22:07
  • Let us imagine that OPs father repeated his incorrect statement of where he was born, despite being given an opportunity to correct it (and I don't find that completely implausible in a 68 year old). The officer would have been pretty much forced to refuse on 212(a) etc., since his statement contradicts what the officer knows to be true, even if the officer suspects the application has made a mistake. I also find it plausible that an approach by a lawyer, stating that the applicant made a mistake, might result in the ban being negated. – DJClayworth Jun 24 at 20:22

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