Re: Charges under 8 USC S. 1182(a)(6)

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Yes, you can be charged under both provisions of the law on
the Notice to Appear in removal proceedings. If someone
seeks to procure admission in the USA through fraud or
misrepresentation, they can be charged under INA section 212
(a)(6)(C)(i). As a result, the fact that they sought
admission through fraud means they do not have valid
immigration documents to be present or admitted in the United
States, thus the INA section 212(a)(6)(A)(i) charge.

On 5/16/07, Sue wrote:
> Can an individual be charged with being present without
> admission or parole under 8 USC S. 1182(a)(6)(A)(i) AND
> being admitted to the United States by misrepresentation
> under 8 USC S. 1182(a)(6)(C)(i) (through the use of false
> documents) simultaneously or are these provisions mutually
> exclusive? Has anyone ever seen someone charged with both
> at the same time? Thanks.

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