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Lucyb

Visa dined under section 212(a)(6)(c)(ii)

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Filed: Country: Mexico
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Hello everyone my Visa was dined under section 212(a)(6)©(ii) which means that I am ban from the U.S, but I was reading about inadmissibility INA 212(d)(3). Does anyone know if I can still apply for a non immigrant visa under this section. I don't have a criminal record, which makes me think that I qualify for part B of this section. I would really appreciated any answers, Thank you.

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Filed: Citizen (apr) Country: Ireland
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*** Moving from NVC to General Immigration ***

We need more info- what kind of visa was denied and why (not the numbers, the actual reason)?

What kind of visa do you want to apply for now?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: IR-1/CR-1 Visa Country: China
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what visa did you apply for ?

If an immigrant visa, is possible to submit a waiver, but granting of waiver is very specific.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: Citizen (apr) Country: Australia
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Hello everyone my Visa was dined under section 212(a)(6)©(ii) which means that I am ban from the U.S, but I was reading about inadmissibility INA 212(d)(3). Does anyone know if I can still apply for a non immigrant visa under this section. I don't have a criminal record, which makes me think that I qualify for part B of this section. I would really appreciated any answers, Thank you.

212(a)(6)©(ii) is false claims to USC. This is VERY bad.

http://www.americanlaw.com/exclude7.html

Under the new INA §212(a)(6)©(ii), any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under the INA or any other Federal or State law is excludable. [This provision is applicable to representations made on or after September 30, 1996.] The immigrant waiver described above does not apply to this ground.

There is only one exception to INA §212(a)(6)©(ii), which was implemented by the Child Citizenship Act of 2000 ("CCA"). In the case of an alien making such a representation, if:

Each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);

The alien permanently resided in the United States prior to attaining the age of 16; and

The alien reasonably believed at the time of making such representation that he or she was a citizen;

the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.

The waiver you're referring to is discussed here: http://www.peerallylaw.com/en/content/view/564/

You can try but I doubt you'll get it. Your "crime" is one of the worst.

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Filed: K-1 Visa Country: Vietnam
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Hello everyone my Visa was dined under section 212(a)(6)©(ii) which means that I am ban from the U.S, but I was reading about inadmissibility INA 212(d)(3). Does anyone know if I can still apply for a non immigrant visa under this section. I don't have a criminal record, which makes me think that I qualify for part B of this section. I would really appreciated any answers, Thank you.

The only part of INA 212(a)(6)(c) which is waiver authorized is part (i) - misrepresentation. Part (ii) - falsely claiming US citizenship - is not eligible for any type of waiver. There is one exception to part (ii), and that is if you permanently resided in the US prior to age 16, both of your parents are (or were) US citizens, and you reasonably believed you were also a US citizen. If that exception doesn't apply then you have a lifetime ban.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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