§237(a)(1)(H) Waiver for Misrepresentation – Who Qualifies in Immigration Court

Importantly, understanding the nuances of a 237(a)(1)(H) waiver for this misrepresentation can be crucial for LPRs.

To qualify, the LPR must be the spouse, parent, son, or daughter of a U.S. Citizen or LPR. They also must have been in possession of an immigrant visa (or equivalent) and otherwise admissible except for the fraud itself. Significantly, this waiver is discretionary and does not require a showing of extreme hardship. When applying for it, remember the 237(a)(1)(H) considerations related to waiver and misrepresentation.

— Who may qualify and how to pursue it in immigration court

The §237(a)(1)(H) waiver is a discretionary form of relief available only in removal proceedings that can forgive certain fraud or willful misrepresentations that rendered a person inadmissible at the time of admission or adjustment but who was later granted LPR status. If granted, the waiver terminates the removal proceedings and effectively cures the ground of inadmissibility as of the original admission date — preserving LPR status and often backdating related benefits. 

Who may qualify

• Persons removable for being inadmissible at entry or adjustment due to fraud or willful misrepresentation (INA §212(a)(6)(C)(i)). 
• Eligibility is narrow and fact-specific; applicants must generally show favorable equities and lack of public-safety disqualifiers. 

What the waiver does

A granted §237(a)(1)(H) waiver terminates removal proceedings based on the fraud/ misrepresentation ground and cures the underlying inadmissibility — often preserving LPR status without restarting statutory waiting periods. This makes the waiver uniquely valuable for family-based admissions affected by later fraud charges.

Strategy & common pitfalls

1. Raise the waiver in removal proceedings and file the motion/submission early enough for the IJ to consider termination. 
2. Separate criminal findings from fraud grounds — some convictions may not be cured by the waiver. 
3. Build strong hardship evidence for qualifying relatives and document favorable equities thoroughly. 

Need supporting materials? I can generate a paste-ready 237(a)(1)(H) Waiver Checklist, a sample Motion to Terminate / Waiver Submission (EOIR-ready), or a one-page Client Intake & Chronology to collect the facts we’ll need.