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Waivers for Fraud or a Willful Misrepresentation of a Material Fact To Obtain an Immigration Benefit

Waivers for Fraud or a Willful Misrepresentation of a Material Fact To Obtain an Immigration Benefit

This article covers waivers for fraud or material misrepresentations alleged under INA §212(a)(6)(C)(i) and INA §237(a)(1).

  • INA §212(a)(6)(C)(i) deals with individuals “who, by fraud, or willfully misrepresenting a material fact, seeks to procure… a visa, other documentation, or admission into the United States or other benefit… is inadmissible.” INA §212(a)(6)(C)(i). The waiver for this section is found at INA §212(i).
  • INA §237(a)(1) pertains to lawful permanent residents, who are returning from abroad, who are charged with being deportable for committing fraud or a material misrepresentation. INA §237(a)(1). Typically, a green card holder would be charged with inadmissible under this section if they deliberately committed visa or document fraud, to obtain their lawful permanent residency. The waiver for this section is found at INA §237(a)(1)(H).

Waiver under Section 212(i)

You may be eligible for a waiver of §212(a)(6)(C)(i) if you can show that you are:

  1. The spouse, son, or daughter of a United States citizen or lawful permanent resident; AND
  2. That denial of your waiver would result in extreme hardship to your citizen or LPR relative. OR
  3. In the case of a VAWA applicant, the individual can show extreme hardship to themselves or their U.S. citizen or lawfully permanent resident parent or child.

Hardship to the applicant and his/her children is not considered in this waiver, only hardship to the applicant’s parents or spouse.

You may be eligible for a waiver under 212(i) if you are filing for a family-based green card, an employment-based green card, or a nonimmigrant K-visa.

Extreme hardship is an immigration concept that encompasses many facets of a qualifying relative’s life. Extreme hardship can be shown by demonstrating the emotional, financial, social, and cultural implications your removal would have on your qualifying relative. Additionally, you can submit proof to show how your qualifying relative would suffer emotional hardship if they had to relocate to your country of origin. Showing adverse conditions in your country of origin can also be helpful.

Waiver under Section §237(a)(1)(H)

A waiver under this section may only be filed in immigration court before an immigration judge. To apply for a §237(a)(1)(H) wavier, the ‘Notice to Appear’ must charge you with being inadmissible under §237(a)(1). You may be eligible for a waiver of section §237(a)(1) if you can show that you:

  1. Are a spouse, parent, son or daughter of a U.S. citizen, or a lawful permanent resident; AND
  2. Were in possession of an immigrant visa or green card at the time of your admission; AND
  3. Are not inadmissible for any other reason aside from one relating to the fraud or misrepresentation; OR
  4. Are a VAWA self-petitioner.
  5. Except individuals who participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing are ineligible for a waiver under 237(a)(1)(H).

Unlike the §212(i) waiver, children, of any age, are qualifying relatives for this waiver.

Notably, the §237(a)(1)(H) waiver does not require that the applicant demonstrate hardship, although an immigration judge would likely consider hardship.

If you have been charged with fraud or misrepresentation, and you would like information on filing for a waiver, please contact an immigration attorney who is trustworthy and knowledgeable! Our attorneys at Landerholm Immigration, APC, are experienced in complex fraud, misrepresentation, and waiver cases. Please feel free to call us at 510-488-1020 to see how we can help!

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