Do you need an Immigration 212(i) Fraud Waiver?
You may if you, by fraud or willful misrepresentation of a material fact, have sought to procure, or have procured a visa, other documentation, or admission into the US or other benefit under US immigration laws.
You may have omitted certain information on a previous application for a visa or a green card. You may have failed to reveal that you were married. The possibilities are endless. Fraud is lifetime bar to remaining in the US.
I-601 Fraud Waivers
However, the government may waive your fraud if your spouse or parent is a US citizen or a green card holder. You need to show that if you were not granted a 212i waiver, these relatives would suffer extreme hardship. Note that fraud waivers are more limited than section 212(h) criminal waivers. Unlike 212(h) waivers, in deciding fraud waivers, hardship to your children is not considered.
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“We hired an immigration attorney from the Law Offices of Carl Shusterman when my husband faced deportation proceedings. He had a tremendously complicated case, yet they were able to reopen it by the BIA and follow through to finish by acquiring a green card for him. His attorney was Jennifer Rozdzielski. She is highly ethical, professional, trustworthy, and attentive. Jennifer made our dreams come true by helping keep our family together. Would highly recommend.”
- Anna, Los Angeles, California
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Fraud Waiver – Success Story
Below is an example of how we were able to prevent one of our clients from being deported by getting her a fraud waiver in Immigration Court:
Over 10 years ago, Mrs. Mali (not her real name) made a serious mistake. When she was denied a temporary visa to visit the U.S., she purchased a fraudulent visitor’s visa and corresponding passport under a phony name. She entered the United States without any trouble. The picture on the false passport was her own and began a life here. She began working and eventually fell in love and got married to a U.S. citizen. She never thought that the manner of her entry would give her immigration problems.
Mrs. Mali ran into trouble when she applied for a green card through marriage. The application for adjustment of status asks the applicant for how he or she entered the U.S. and if the person used any other names. On this form, she admitted that she had entered with a fraudulent visitor’s visa. She probably would have fared worse if she had omitted the entry information, which would suggest that she had entered without inspection-an application for adjustment of status’s death sentence, so to speak.
Mrs. Mali was denied a green card at her interview. The USCIS told her attorney at the time that Mrs. Mali needed to file an application to waive her fraudulent entry into the U.S. This I-601 application needed to be submitted with evidence that although the applicant is inadmissible, her inability to remain in the U.S. would result in extreme hardship to a spouse or parent who is a U.S. citizen or legal permanent resident. Read more…
What Do You Need to do to Obtain a Fraud Waiver? If you are applying for a 212i waiver in the US, you need to submit form I-601 and extensive documentation to the USCIS, or if you are in removal proceedings, to the Immigration Judge. If you applying abroad, submit these materials to the US Embassy or Consulate where your interview takes place.
An 212(i) fraud waiver cannot be granted to a person who falsely represents, or has falsely represented himself to be a citizen of the US for any purpose or benefit under the immigration law.
What is Extreme Hardship?
Extreme hardship Factors include whether your qualifying relatives have family ties to the US; the extent of the qualifying relatives’ family ties outside the US; conditions in your home country; financial impact of your departure from the US; and significant health conditions, particularly when tied to an unavailability of suitable medical care in your country.
- Extreme Hardship Considerations and Factors (USCIS)
- Matter of Anderson (BIA 1978)
- Matter of Lopez-Monzon (BIA 1979)
- Matter of L-O-G (BIA 1996)
Resources for Applying for a Fraud Waiver
- Instructions for I-601 Waiver Applications (USCIS)
- Extreme Hardship Policy (USCIS)
- Understanding Extreme Hardship in Waivers (ILRC)
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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