I am banned from US permanently while applying for B1/B2 visa with 212(a)(6)(C)(i), please help.

WaiveMe

New Member
Hello all,

today I had my US Tourist visa appointment at Bosnia with Canada Travel Document. I was willing to visit my brothers in US which they both have green cards. I used to have an US visa since 2014 but in 2018 because of the situation in my country I had to claim asylum either in Canada or US so I went to Canada illegally crossing the border. Therefore my visa was cancelled and I wanted to reapply using my Canadian Refugee Travel Document combined with my Permanent Residence card after 4 years.

Because of the waiting times in Canada I took an appointment at Bosnia.

so when I approached the interviewer first question he asked was
“You used your first visa to claim asylum in Canada, why should we give you another one?”
I kindly explained the situation that I had the visa since 2014 but did not abuse it until 2018 and had multiple entries to the US without abusing it and after 2018 because of the situation in my country I had to do that. I said I am sorry for that.

then he said “yes you should be sorry for that because you will never have an us visa again”

Then I did not respond or say anything because I understood that he was already made up his mind so just waited for him to refuse me and send away.

after couple minutes he asked me emphatically on the microphone “when did you enter Canada ILLEGALLY?” He asked this question in a way every other person in the waiting room could hear even though he knew the answer already since I entered this info on the form.

after this question he literally threw my travel document at me looking like I disgust him. Then he told me laughing “here is your permanent visa ban from United States”
On the paper it says

You were refused, or found ineligible, for a visa under section 212(a)(6)(C)(i) because you attempted to receive a visa or enter the United States by willfully misrepresenting a material fact or committing fraud. This is a permanent ineligibility, so every time you apply for a visa, you will be found ineligible for this reason.

You will be advised by the consular officer if you can apply for a waiver of this ineligibility. Review Waivers of Ineligibility for more information.

What is meant by misrepresentation of a material fact?

Misrepresentation means that you falsely presented facts and were not truthful in an attempt to receive a visa or enter the United States. A fact is considered material, as it pertains to this section of the INA, when, had the truth been known, you would not have been eligible to receive a visa or enter the United States.


I was wondering if I can apply for a waiver of the ground of ineligibility? because he did not mention anything about that. I am not in a rush but I learned that I still wouldn't be able to enter USA once I become Canadian Citizen and that would be a huge issue.

also my friend was in the same situation, he crossed the border as soon as he got the visa and when he reapplied with RTD he got the visa again without a problem. Please help

Thank you.
 
A waiver for this inadmissibility is only available if you have a US citizen or lawful permanent resident spouse or parent, who would suffer extreme hardship if you were unable to enter the US.

Section 212(a)(6)(C)(i) of the Act. There is a discretionary waiver of this inadmissibility if refusal of admission would result in extreme hardship to the United States citizen or lawful permanent resident spouse or parent of the foreign national.
 
A waiver for this inadmissibility is only available if you have a US citizen or lawful permanent resident spouse or parent, who would suffer extreme hardship if you were unable to enter the US.

Section 212(a)(6)(C)(i) of the Act. There is a discretionary waiver of this inadmissibility if refusal of admission would result in extreme hardship to the United States citizen or lawful permanent resident spouse or parent of the foreign national.
So does that mean I will never be able to enter US again?
 
I don't understand how that's fraudulent or a misrepresentation, since from the US point of view, you used a visitor visa to enter the US, and then left the US, which is consistent with a "visit" to the US. I don't see how what you did in Canada after you left the US is relevant. Maybe a different officer in a different consulate will determine that you don't have a ban, but I guess the chance of that is not big.

If we assume that you do have a ban and need a wavier, the waiver you need depends on if you are entering the US as a nonimmigrant or immigrant. If you are seeking to visit the US, you would need a nonimmigrant waiver. (What SusieQQQ quoted was the conditions for an immigrant waiver.) For non-Canadian citizens, the process of applying for a nonimmigrant waiver is part of the process of applying for a nonimmigrant visa. If, in the process of applying for a nonimmigrant visa, you are denied due solely to the ban, and not also due to immigrant intent, then the officer may or may not recommend you for a waiver. If the officer recommends you for a waiver, they will let you know of the process. However, if the officer also denies you for immigrant intent (which is the generic basis for denial if there is anything they don't like about your history), then there is no possibility of waiver since immigrant intent cannot be waived.

Becoming a Canadian citizen does not affect your ban, but the process of applying for a nonimmigrant waiver is different for Canadian citizens, since they are exempt from needing US nonimmigrant visas. Instead, Canadian citizens apply for nonimmigrant waivers by filing I-192 with CBP.
 
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I don't understand how that's fraudulent or a misrepresentation, since from the US point of view, you used a visitor visa to enter the US, and then left the US, which is consistent with a "visit" to the US. I don't see how what you did in Canada after you left the US is relevant. Maybe a different officer in a different consulate will determine that you don't have a ban, but I guess the chance of that is not big.

If we assume that you do have a ban and need a wavier, the waiver you need depends on if you are entering the US as a nonimmigrant or immigrant. If you are seeking to visit the US, you would need a nonimmigrant waiver. (What SusieQQQ quoted was the conditions for an immigrant waiver.) For non-Canadian citizens, the process of applying for a nonimmigrant waiver is part of the process of applying for a nonimmigrant visa. If, in the process of applying for a nonimmigrant visa, you are denied due solely to the ban, and not also due to immigrant intent, then the officer may or may not recommend you for a waiver. If the officer recommends you for a waiver, they will let you know of the process. However, if the officer also denies you for immigrant intent (which is the generic basis for denial if there is anything they don't like about your history), then there is no possibility of waiver since immigrant intent cannot be waived.

Becoming a Canadian citizen does not affect your ban, but the process of applying for a nonimmigrant waiver is different for Canadian citizens, since they are exempt from needing US nonimmigrant visas. Instead, Canadian citizens apply for nonimmigrant waivers by filing I-192 with CBP.
That is what I don’t understand either. I never did any sort of misinterpretation or fraud. I did not contact any US embassy in canada either. The officer was just mad. As I said I have other friends that are in the same situation, they are either got refused normally or they got the US visa. My officer insulted and humiliated me, then gave me a permanent ban. I wish I didn’t go to the consulate in Bosnia.
 
It’s okay man! You live in Canada and i feel like Canada and USA are the same lifestyle and roads and even groceries so you ain’t missing too much
 
It’s okay man! You live in Canada and i feel like Canada and USA are the same lifestyle and roads and even groceries so you ain’t missing too much
I don’t want to live in US. I want to see my brothers and my nephews/nieces. That’s the thing. I found out that I can get that ban removed but it will be a struggle. Once I get Canadian passport I will try it.
 
I don’t want to live in US. I want to see my brothers and my nephews/nieces. That’s the thing. I found out that I can get that ban removed but it will be a struggle. Once I get Canadian passport I will try it.
They can visit you in Canada.
 
They can visit you in Canada.
Wow man you are so clever. Yeah it is easy to bring 4 kids under 15 to Canada and pay for their tickets food etc. while I can just go by myself and visit them. Damn you guys are genius. I couldnt think of that.
 
I don’t want to live in US. I want to see my brothers and my nephews/nieces. That’s the thing. I found out that I can get that ban removed but it will be a struggle. Once I get Canadian passport I will try it.
Hello
Did you try it? How did it go?
 
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