Table of Contents
- Introduction
- What is the 212(a)(6)(C)(i) Waiver?
- Eligibility Criteria
- Subsection 1: False Claim to U.S. Citizenship
- Subsection 2: Material Misrepresentation
- Application Process
- Subsection 1: Gathering Documentation
- Subsection 2: Completing Form I-601
- Filing the Waiver
- Supporting Evidence
- Subsection 1: Affidavits
- Subsection 2: Documentary Evidence
- Waiver Approval Process
- Denial and Appeals
- Subsection 1: Reasons for Denial
- Subsection 2: Appealing a Denial
- Conclusion
- Frequently Asked Questions (FAQs)
Introduction
Facing deportation from the United States can be a daunting experience for individuals who have built their lives in the country. However, there are legal avenues available to seek relief from deportation, one of which is the 212(a)(6)(C)(i) waiver. In this article, we will delve into what this waiver entails, who is eligible for it, the application process, and more.
What is the 212(a)(6)(C)(i) Waiver?
The 212(a)(6)(C)(i) waiver, commonly referred to as the “fraud or willful misrepresentation waiver,” is a provision under the Immigration and Nationality Act (INA) that allows certain individuals to seek forgiveness for making false claims to U.S. citizenship or material misrepresentations to immigration authorities.
Eligibility Criteria
Subsection 1: False Claim to U.S. Citizenship
Individuals who falsely claim to be U.S. citizens may be eligible for the waiver if they can demonstrate extreme hardship to certain qualifying relatives, such as a spouse or parent who is a U.S. citizen or lawful permanent resident.
Subsection 2: Material Misrepresentation
Those who have made material misrepresentations to U.S. immigration authorities may also qualify for the waiver if they can establish that their removal from the United States would result in extreme hardship to a qualifying relative.
Application Process
Subsection 1: Gathering Documentation
Applicants must gather documentation to support their waiver application, including evidence of family ties, financial records, medical reports, and any other relevant documents that demonstrate the hardship their qualifying relatives would face if they were deported.
Subsection 2: Completing Form I-601
The primary form used to apply for the 212(a)(6)(C)(i) waiver is Form I-601, Application for Waiver of Grounds of Inadmissibility. This form must be completed accurately and submitted along with the required supporting documents.
Filing the Waiver
Once the waiver application is complete, it should be filed with the appropriate U.S. Citizenship and Immigration Services (USCIS) office, along with the required filing fee. It is essential to ensure that all documentation is properly organized and submitted according to USCIS guidelines.
Supporting Evidence
Subsection 1: Affidavits
Affidavits from friends, family members, employers, and other individuals who can attest to the applicant’s character and the hardship their qualifying relatives would face can be valuable supporting evidence for the waiver application.
Subsection 2: Documentary Evidence
Documentary evidence such as medical records, financial documents, and letters of support can strengthen the applicant’s case and provide tangible evidence of the extreme hardship that would result from their deportation.
Waiver Approval Process
Once the waiver application is submitted, USCIS will review the case and make a determination based on the evidence provided. If the waiver is approved, the applicant will be granted relief from deportation and allowed to remain in the United States.
Denial and Appeals
Subsection 1: Reasons for Denial
Waiver applications may be denied for various reasons, including insufficient evidence of extreme hardship or failure to meet other eligibility criteria. In such cases, applicants have the right to appeal the decision.
Subsection 2: Appealing a Denial
Applicants can appeal a denial by submitting a Notice of Appeal (Form I-290B) to the USCIS Administrative Appeals Office (AAO). During the appeals process, it is essential to address the reasons for the initial denial and provide additional evidence or arguments to support the waiver application.
Conclusion
The 212(a)(6)(C)(i) waiver provides a lifeline for individuals facing deportation due to false claims to U.S. citizenship or material misrepresentations. By understanding the eligibility criteria, application process, and importance of supporting evidence, eligible individuals can seek relief and continue building their lives in the United States.
Frequently Asked Questions (FAQs)
- Q: Can I apply for the 212(a)(6)(C)(i) waiver if I entered the U.S. illegally? A: Yes, individuals who entered the U.S. illegally may still be eligible for the waiver if they meet the eligibility criteria and can demonstrate extreme hardship to qualifying relatives.
- Q: How long does it take to process a 212(a)(6)(C)(i) waiver application? A: Processing times vary depending on the individual circumstances of each case, but it typically takes several months for USCIS to adjudicate waiver applications.
- Q: What is considered “extreme hardship” for the purposes of the waiver? A: Extreme hardship is generally defined as more than the usual level of hardship that would be experienced by a qualifying relative if the applicant were deported. This can include financial, medical, and emotional hardship.
- Q: Can I apply for the waiver if I have a criminal record? A: Individuals with criminal records may still be eligible for the waiver, but certain convictions may impact their ability to obtain relief. It is essential to consult with an immigration attorney to assess eligibility.
- Q: Can I apply for the waiver if I am currently in removal proceedings? A: Yes, individuals in removal proceedings can still apply for the waiver, but it is crucial to act quickly and seek legal assistance to navigate the complex immigration process.