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Waiver of Inadmissibility for Fraud or Misrepresentation

A foreign national who commits fraud or makes a misrepresentation of a material fact for the purpose of obtaining immigration benefit at the time of visa application, entry into the US, or adjustment of status is inadmissible and may be subject to removal. If you believe you are inadmissible under this ground, or if you have been charged with such misrepresentation by the US government, there may be waivers available to you. You may apply for any of the waivers of inadmissibility for which you may be eligible, as we discussed in several other waiver articles. In addition to these waivers, there may be a special waiver of inadmissibility for fraud or misrepresentation available to you.

You must also understand that there are certain defenses to misrepresentation that may render it to be not material to the benefit sought. Under such scenario, the misrepresentation may be forgiven. Contact us for a complete evaluation of your case.

Who has jurisdiction to grant waivers?

If you are applying to adjust status to permanent residence and are seeking a waiver in order to have a favorable outcome, the USCIS has the jurisdiction to grant your waiver. If you are applying for processing to a US consulate, an overseas USCIS office has jurisdiction. If you are in removal proceedings and seeking a waiver as a defense against removal, the immigration judge (IJ) has jurisdiction. If you are seeking a waiver of inadmissibility, the attorneys at The Law Firm of Shihab & Associates, Co., LPA have decades of combined experience successfully obtaining waivers of inadmissibility. Contact us for a consultation.

How can I qualify for a waiver of inadmissibility for fraud or misrepresentation?

In order to qualify for this waiver, you must be (1) the spouse, parent, son, or daughter of a US citizen or permanent resident, and (2) you must be in possession of an immigrant visa or equivalent documents, and otherwise admissible to the US. Persons who were inadmissible at the time of entry may also apply for this waiver if they are VAWA self-petitioners, even if they do not have a qualifying relative. This waiver is not available to those foreign nationals whose fraud or misrepresentation involved procurement of labor certification or valid passport and immigrant visa. This waiver has no requirement to show extreme hardship. This waiver is available whether the misrepresentation was innocent or not.

This waiver is available under INA §237(a)(1)(H). A similar waiver of fraud or misrepresentation is available under INA §212(i), as discussed in a previous article. However this waiver provides broader protection than the 212(i) waiver because it applies to parents of USC or LPR as well, does not require extreme hardship, and waives not only the fraud or misrepresentation but it also acts as a waiver for any inadmissibility directly resulting from that fraud or misrepresentation.

Contact us for a consultation

If you have questions about strategies for obtaining waivers of inadmissibility grounds or any other immigration matter, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney. The competent attorneys at The Law Firm of Shihab & Associates are experienced in obtaining waivers of inadmissibility, as well as other areas of immigration. We represent clients nationwide in various matters including green cards and permanent residence, family immigration, immigrant visas, non-immigrant visas, employment visas and H1B visas, investor visas, PERM applications, and many more. We will not tire until we get the desired results for you within the bounds of the law. Contact us for a consultation.

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