Misrepresentation and Fraud Waivers
There are several factors that can make a person ‘inadmissible’ in the U.S, and if you are ineligible to enter the U.S. due to specific grounds of inadmissibility, you must ask for a Waivers;
an I-601 Application for Waiver of Grounds of Inadmissibility allows a foreign national to immigrate to the U.S, adjust their status to permanent residence, or seek admission to the United States in a non-immigrant status.
According to U.S. immigration laws, an alien who commits fraud or knowingly misrepresents a material fact in order to enter the U.S. to obtain any immigration advantage shall be barred from entering the U.S. as an immigrant or non-immigrant for life.
An applicant who is proven to have committed fraud is declared inadmissible to be a U.S. citizen for life.
This type of inadmissibility is severe and prevents the alien from applying for entry into the United States. However, a waiver of inadmissibility resulting from fraud or misrepresentation of a material fact can be filed.
Inadmissibility is a devastating outcome for any immigrant seeking to live and work in the U.S. with their family. Inadmissibility based on fraud or misrepresentation can be remedied;
our immigration lawyers in NYC will help you determine if you qualify for the I-601 waiver.
The article focuses on the fraud and misrepresentation waivers, their requirements and how to prove extreme hardship.
Fraud is defined as the false misrepresentation of a substantial truth with the intent to deceive.
A material fact is one that, if concealed, would lead to a different decision.
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 sort of immigration benefit.
A misrepresentation is the willful misrepresentation of a material fact in order 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 was 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” in order to be separated from a spouse, parent, or other family member who is a citizen or permanent resident of the United States.
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.
You have to show that the hardship to your qualified relative would 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 their:
- 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 because this flexible threshold is a constant point of legal debate.
What is the Processing Time for Form I-601?
You should also anticipate a delay after submitting Form I-601, as many applicants wait a long time for USCIS to make a decision, although processing times vary.
If the waiver is granted, it will be in effect permanently, allowing you to obtain the immigration benefit you require to re-enter or remain in the United States with your U.S. citizen or lawful permanent resident immediate family.
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 effectively frame your case.
We are devoted to assisting you in continuing your immigration journey and exploring every possibility that will allow you to remain in the United States with your family.
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, as even 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, identify the available options, and help you decide the safest, most cost-effective, and quickest route to success.