INA 237(a)(1)(H) Fraud Waiver
Are you in removal proceedings because of fraud or a misrepresentation at the time of your entry or when your green card was granted?
Fraud or misrepresentation, whether willful or innocent, at the time of admission or adjustment of status (the process in the U.S. for a green card or lawful permanent residency) could result in your deportation. For example, a person who adjusts their status to a lawful permanent resident by committing marriage fraud can be placed in deportation proceedings. A person who enters the United States as an unmarried child of a U.S. citizen, who in fact is married at the time of admission, was not eligible when they received their green card so could also be placed in deportation proceedings.
There may be hope for those who lied to obtain their residency in the form of a discretionary waiver often referred to as the “fraud waiver” under INA section 237(a)(1)(H). The law provides that a waiver may be granted in removal proceedings for lawful permanent residents (LPR) and battered spouses under the Violence Against Women Act (VAWA). What this waiver can do is terminate deportation proceedings, forgive your past fraud or misrepresentation, and allow you to keep your green card. To qualify, you:
- must have a qualifying family member (spouse, parent, child who is a U.S. citizen or LPR);
- had in your possession of an immigrant visa or an equivalent document at the time of admission and,
- were otherwise admissible at the time of admission or adjustment. For VAWA self-petitioners (battered spouses), they need only to show that they were admitted to the United States and the admission involved fraud or misrepresentation.
Not all types of fraud or misrepresentation are covered. But, some common scenarios include: marriage fraud, an “omission” at time of adjustment interview of prior criminal convictions, and misrepresentations regarding employment for purposes of obtaining an immigration benefit.
It is also important to note that this waiver is discretionary, which means a judge has the ability to deny the waiver if there are negative factors in your case. Unlike other types of waivers or relief, there is no hardship requirement. However, to be successful in your case, you must present positive factors to establish that you are deserving of this waiver. Let us help you present the best case possible.
SGG’s team of family and removal attorneys are known for removal defense and extensive waiver work throughout the U.S. We can help you present your case in the most sympathetic and understanding light to explain to ICE and the Immigration Judge why you made the decisions you did that led to the fraud and why you should be allowed to stay in the U.S. We are known for looking outside box and helping you identify testimony of others and potential evidence that could strengthen your chances for approval and will be with you every step of the way – from putting the waiver together to representing you in front of the Judge and ICE trial attorney who will be arguing against your right to stay in the U.S.