In the United States, a fraud or criminal waiver is a discretionary form of relief that allows an individual who is inadmissible to the United States for certain crimes or fraud to be admitted to the country. Waivers are granted on a case-by-case basis, and the applicant must demonstrate that they are admissible to the United States despite their criminal or fraudulent history.
There are two main types of fraud and criminal waivers:
- Waivers for crimes of moral turpitude: These waivers are available to individuals who have been convicted of a crime of moral turpitude (CIMT), which is a crime that is considered to be inherently wrong or immoral. CIMTs include crimes such as theft, fraud, and drug trafficking.
- Waivers for fraud: These waivers are available to individuals who have been convicted of fraud, such as lying on a visa application or immigration benefit form.
To be eligible for a fraud or criminal waiver, the applicant must meet the following requirements:
- The applicant must be inadmissible to the United States for the crime or fraud.
- The applicant must demonstrate that they are rehabilitated and that they are not a danger to the public.
- The applicant must demonstrate that their admission to the United States would not be detrimental to the public interest.
The applicant must also establish that they would suffer extreme hardship if they were not granted a waiver. Extreme hardship is defined as a situation in which the applicant’s spouse, parent, or child would suffer significant difficulty if the applicant were not allowed to enter the United States.
The process of applying for a fraud or criminal waiver can be complex and time-consuming. It is important to consult with an experienced immigration attorney to discuss your eligibility for a waiver and to help you prepare your application.