Messersmith Law Firm

212(a)(6)(F) Civil Penalty under INA 274C

What is a grounds of inadmissibility

In order for a foreign national to be admitted to the United States, he or she must be admissible.  A foreign national can be deemed inadmissible to the United States by USCIS, CBP and a Consulate.  If the foreign national is deemed inadmissible due to the United States, he or she cannot enter without a waiver of inadmissibility or a determination that the inadmissibility charge was made in error.

212(a)(6)(F) Inadmissibility due to Civil Penalty under INA 274C

Foreign nationals may be inadmissible if he or she is subject to a final order for violation of 274C (civil penalties for document fraud).

How to obtain a determination that the 212(a)(6)(F) 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 each has drastically different processing times.  We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the Consulate in as little as 2 weeks.  CBP quotes turnaround times of as little as 30 days and USCIS will not offer a time frame.  In our experience, the more difficult the situation, the longer it will take to get resolved.

How to obtain a 212(a)(6)(F) 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.  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 allows both immigrant and nonimmigrant waivers, some allow one and some offer no waiver at all.

Nonimmigrant Waiver

A nonimmigrant waiver can be issued for a one year term (five year term in limited circumstances) where the foreign national is eligible for a nonimmigrant visa and can establish his or her presence would not be harmful to US interests.  When the application for the waiver is made, normally at the Consulate the will issue the nonimmigrant visa, the Consular officer will consider the following factors when deciding whether or not to issue the visa

  1. The recency and seriousness of the activity or condition causing the inadmissibility;
  2. The reasons for the proposed travel to the US; and
  3. The positive or negative effect, if any, of the planned travel on US public interests.

Immigrant Waiver

212(d)(12) provides an immigrant visa waiver for

  1. LPRs who are not under an order of deportation; and
  2. Immediate relatives of US citizens who committed document fraud solely to assist their spouse or child.

Does The Messersmith Law Firm handle these types of cases?

Yes, we take all types of immigration cases and represent clients worldwide. Here is a short sample of our recently approved petitions.

Many people who are faced with a 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.

 

The Messersmith Law Firm, P.C.
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