Grounds for Removal: Inadmissibility at Entry and Improper Entry Text Size:

An alien who enters the United States illegally is subject to removal on grounds of inadmissibility. An alien is any person who is not a citizen or national of the United States. If the alien seeks to procure or procures a visa, other documentation, or admission into the United States, by fraud or by willfully misrepresenting a material fact, he or she is inadmissible under Immigration and Nationality Act (INA) § 212(a)(6)(C), 8 U.S.C. § 1182(a)(6)(C). The alien can be expelled from the United States through a process called removal.

Misrepresentation or Fraud

INA § 212(a)(6)(C) provides that an alien who procures admission to the United States by fraud or by willfully misrepresenting a material fact (important fact) is inadmissible. A finding of "fraud" under § 212(a)(6)(C) requires a determination that the alien made a false representation of a material fact with knowledge of its falsity and with the intent to deceive a consular or immigration officer. Further, the representation must have been believed and acted upon by the officer.

On the other hand, "material misrepresentation" includes simply a false misrepresentation, willfully made, concerning a fact that is relevant to the alien's visa entitlement. The government does not have to prove that the alien intended to deceive or that the officer believed and acted upon the false representation.

Application of the Law

In considering the application of the law, you should note the following:

• Most cases will involve material misrepresentation instead of fraud
• A misrepresentation can be oral or written
• Silence or the failure to volunteer information does not in itself amount to a misrepresentation
• The misrepresentation must have been carried out on a U.S. government official, generally a consular officer or a Department of Homeland Security officer
• The misrepresentation must be made in the alien's own visa application
• The misrepresentation must have been made by the alien or by an attorney or agent acting on his or her behalf and with his or her knowledge
• A timely retraction will avoid the penalty of the statute

Removal

To enter the United States legally, an alien generally must have obtained proper travel documents (passport and/or visa), INA § 211(a), 8 U.S.C. § 1181(a). If the government is trying to remove the alien from the United States, the government must show by clear, convincing and unequivocal evidence that the person is an alien. The alien then has to show by a preponderance of the evidence that his or her admission was lawful.

An alien is barred from reentering the United States after an order of removal (or deportation) for a specified period, which depends on the ground of removal, unless the Attorney General has granted him or her a waiver, called permission to reapply for admission.

Questions for Your Attorney

• How much experience do you have with cases like mine?
• How long will it take to get a result in my case?
• What are the chances I'll succeed?
• How much will it cost?

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