¿Habla español? | Our firm is fluent in English, Spanish, French, Bengali, Creole, Punjabi, Gujarat, and Afrikaans!

Misrepresentation and Fraud Waivers

Misrepresentation and Fraud Waiver Explained

There are several factors that can make a person ‘inadmissible’ in the United States. If you are ineligible to enter the U.S. due to specific grounds of inadmissibility, you must ask for a Misrepresentation and Fraud Waiver.

A foreign individual may apply for admission to the United States in a non-immigrant status, convert their status to permanent residency, or immigrate to the country via an I-601 Application for Waiver of Grounds of Inadmissibility.

Aliens are prohibited from entering the United States as immigrants or non-immigrants for life under U.S. immigration laws if they commit fraud or deliberately falsify a substantial fact to enter the country and get any immigration advantage.

An applicant is deemed permanently unable to become a citizen of the United States when fraud is proven. The significant inadmissibility prevents the alien from applying for entry into the United States. However, submitting a waiver of inadmissibility is possible due to fraud or significant fact misrepresentation.

If an immigrant is found inadmissible, they will suffer significantly if they want to live and work in the United States with their family. To determine whether you qualify for the I-601 waiver, contact our immigration lawyers in New York City. It is possible to overcome inadmissibility brought on by fraud or dishonesty.

The article’s main topics are the fraud and misrepresentation waivers, their conditions, and how to establish extreme hardship.


Falsely misrepresenting a material fact to deceive is what is referred to as fraud. A substantial fact is one that, if hidden, might influence the decision differently.

To be found inadmissible, an applicant must knowingly misrepresent a material fact with intent to deceive the official.

  • The misrepresentation was intended to deceive the officer, and
  • The officer relied on the false information given, had faith in it, and granted some immigration benefits.


A misrepresentation is the willful misrepresentation of a material fact to obtain a visa, green card, or other immigration advantage. Not every statement that is deemed to be a “misrepresentation” by an immigration officer will satisfy the requirements for a “willful misrepresentation” and “material fact” under the law.

It is strongly advised to consult with an immigration attorney in NYC to determine whether prior misrepresentation or fraud would be a problem in your immigration case. The act of misrepresenting something requires that the person in question “willfully misrepresent a material fact.” The officer must find out that:

  • The applicant received or sought to get a benefit under US immigration law
  • The person misrepresented a fact
  • The fact was material to the application; if the misrepresentation were not material to obtaining the immigration benefit, it would not trigger this ground of inadmissibility.
  • The misrepresentation was made willfully.
  • The misrepresentation was made to a USCIS officer, consular officer, or other U.S. government official.

Misrepresentation or Fraud Waiver Requirements (Immigration lawyer in NYC)

If you are granted a misrepresentation waiver, you may be able to overcome a permanent inadmissibility resulting from fraud or misrepresentation. You must establish “extreme hardship” to be separated from a spouse, parent, or other family member who is a citizen or permanent resident of the United States.

Extreme Hardship

  • Proving that you fulfill the extreme hardship standards might be difficult. It is insufficient to show that being apart from your family would be emotionally unsettling.
  • The hardship to your qualified relative must be shown to be extreme compared to the hardship generally experienced during a family separation.
  • Most people will benefit from the assistance of an immigration attorney in NYC in preparing their waiver application.
  •  Extreme hardship to the U.S. citizen or lawful permanent resident spouse or parent has been defined in various ways by U.S. Citizenship and Immigration Services (“USCIS”), case law, and governmental regulations.

When determining whether someone will suffer “extreme hardship,” USCIS will evaluate anticipated impacts on: 

  • Family ties
  • Social and cultural impact
  • Economic impact
  • Health conditions and care
  • Country conditions

 Consulting an immigration lawyer in NYC to determine if extreme hardship is fulfilled in a 212 waiver application is always a good idea.  Simply put, this flexible threshold is a constant point of legal debate.

What is the Processing Time for Form I-601?

It would help if you also prepared for a potential holdup following the submission of Form I-601. As a result, even though processing periods vary, many applicants wait long for USCIS to decide. If the waiver is approved, it will remain in force indefinitely.

This will give you the immigration advantage to revisit the country or stay there permanently. It might be tough to prove “extreme hardship,” but experienced immigration lawyers in NYC can help you complete Form I-601 and advise you on how to frame your case effectively.

We are devoted to assisting you in continuing your immigration journey and exploring every possibility.

Why Having an Immigration Attorney is Important

The immigration process is complex and subject to sudden changes. Individuals who attempt to handle immigration law on their own risk jeopardizing their case.  A skilled immigration attorney in NYC can assist you in completing the waiver application process and gathering the necessary evidence and documents for your case. A minor error could result in the rejection of your application, which costs time and money. Let us put our skills to work for you.

With a Free consultation, we can analyze your case and identify the available options. Likewise, we can help you decide the safest, most cost-effective, and quickest route.

Share it!

Table of Contents

Table of Contents


Free Consultation

Scroll to Top

Subscribe to our Newsletter!

Signup to our email newsletter for Legal Updates, Tips & Webinars!

Skip to content