Entry without inspection (EWI) and family unity waiver

What is a §237(a)(1)(H) waiver?

The §237(a)(1)(H) waiver is a discretionary form of relief that can forgive certain fraud or willful misrepresentation at the time of admission or adjustment. It is generally requested in removal (deportation) proceedings before an Immigration Judge. However, eligibility is narrow and fact-specific.

Who may qualify in immigration court

• You are removable because you were inadmissible at entry/adjustment for fraud or willful misrepresentation (or certain related document issues).

• You have a qualifying relative (typically a U.S. citizen or LPR spouse, parent, or son/daughter).

• You were otherwise admissible at the time, aside from the misrepresentation issue.

• You merit a favorable exercise of discretion based on equities.

Important: This waiver does not cover every ground. For example, a false claim to U.S. citizenship is generally not waived. Therefore, a precise review is essential.

What the waiver can (and cannot) forgive

Can potentially waive: fraud or willful misrepresentation tied to obtaining an immigrant visa, admission, or adjustment; some related documentation issues at entry.
Cannot waive: many criminal, security, or persecution grounds; most false claim to citizenship cases; and issues unrelated to the admission/adjustment event.

Discretion: factors the judge weighs

• Length of residence and family ties in the U.S.

• Hardship to qualifying relatives

• Employment, taxes, community service, and rehabilitation (if applicable)

• The nature and circumstances of the misrepresentation and your credibility today

In addition, strong documentation can tip the balance toward approval.

Evidence checklist (sample)

• Proof of qualifying relationship (marriage certificate, birth certificates, LPR/USC proof)

• Records showing you were otherwise admissible (prior approvals, medicals, sponsorship)

• Detailed declarations explaining the event and accepting responsibility

• Hardship evidence for qualifying relatives (medical, financial, educational)

• Letters of support, community service, tax returns, employment proof

As a result, the court sees a full, accurate picture of your life and equities.

How the process works

First, we confirm statutory eligibility and identify the qualifying relative(s). Next, we prepare a waiver packet and brief, gather evidence, and line up witnesses where helpful. Then, we present the case at your individual hearing and respond to any DHS or court concerns. Finally, we track the decision and discuss next steps.

FAQs

Is this waiver only for people in court?
Mostly yes; it is commonly requested in removal proceedings before an Immigration Judge.

Do I need extreme hardship?
The statute focuses on qualifying relationship and discretion, not a fixed hardship standard. However, hardship evidence strengthens discretion.

What if my issue was a document problem, not a lie?
Some document-related inadmissibility at admission can be included, but the specifics matter. Therefore, we review your record line by line.

We can help

First, we analyze eligibility and risks. Next, we build a tailored evidence plan. Then, we prepare you and your witnesses for court. Finally, we advocate for a favorable exercise of discretion.

Ready to discuss a §237(a)(1)(H) waiver? Schedule a consultation or call (562) 495-0554.

Disclaimer: General information only; your facts and record control eligibility.

“Just because you entered the U.S. with some fraud many years ago and are now in Removal proceedings does not mean you will be deported.
You can get a Waiver prepared to be able to immigrate or stay in the U.S. and win the deportation proceeding.”

— Brian D. Lerner, Immigration Lawyer

What is the §237(a)(1)(H) waiver?

To begin with, §237(a)(1)(H) is a waiver that lets certain people in removal proceedings ask the immigration judge to forgive fraud or willful misrepresentation used to gain admission or adjustment. In practice, if granted, the waiver treats the original admission as lawful despite the misrepresentation and can also forgive the related documentary ground (e.g., lack of proper visa) that flowed from the fraud. Therefore, it can save permanent residence when the only problem is what happened at entry or adjustment.

Who can qualify (high-level)

Specifically, you must show:

• You were admitted or adjusted and are now charged as deportable under §237(a)(1)(A) for being inadmissible at admission because of fraud/misrepresentation (212(a)(6)(C)(i)) or the documentary ground that resulted from it (212(a)(7)(A)(i)(I)).
• You have a qualifying relative: you are the spouse, parent, son, or daughter of a U.S. citizen or lawful permanent resident.
• You were otherwise admissible at the time of admission/adjustment but for that fraud/document issue.
• You merit discretion based on positive equities (family ties, long residence, work history, rehabilitation, community service, hardship to family, etc.).

Who does not qualify (common bars)

However, this waiver does not forgive everything.

• It does not waive false claims to U.S. citizenship (212(a)(6)(C)(ii)).
• It does not waive criminal, security, or other unrelated inadmissibility/deportability grounds.
• It is unavailable if you cannot show a qualifying relative or if the government’s charge is not tied to fraud at admission/adjustment.

How it works in immigration court

Next, you request the waiver as relief from removal before the immigration judge.

• Pleadings: you may concede removability under 237(a)(1)(A) and designate §237(a)(1)(H) as your relief.
• Evidence: you submit proof of the qualifying relationship, your equities, and why the judge should exercise discretion in your favor.
• Hearing: the IJ weighs positives vs. negatives; consequently, complete documentation and credible testimony are critical.

Evidence that strengthens a case

In addition, prepare:

• Marriage/birth records proving the qualifying relative is a USC/LPR
• Records showing lawful domicile and long-term residence
• Rehabilitation evidence if any misconduct occurred (courses, treatment, certificates)
• Hardship details for your spouse, parents, or children (health, financial, educational)
• Community support (employer letters, church/school letters, taxes, volunteer work)

§237(a)(1)(H) vs. §212(i) (know the difference)

Importantly, both waive fraud/misrepresentation, but they apply in different settings.

• §237(a)(1)(H): used in court after admission/adjustment; no statutory “extreme hardship” test, yet you still must win discretion.
• §212(i): used with consular processing or adjustment with USCIS; requires extreme hardship to a USC/LPR spouse or parent; it is not court-based.

Common pitfalls to avoid

Nevertheless, applicants lose strong cases for simple reasons:

• Relying on the wrong waiver (212(i) instead of 237(a)(1)(H), or vice-versa)
• Failing to prove the qualifying relative’s status with official evidence
• Submitting thin equities and no proof of rehabilitation
• Overlooking the “otherwise admissible” requirement at the time of admission
• Ignoring negative factors instead of addressing them directly

• I can’t just enter the U.S. anymore?
• Hire a California deportation lawyer if you have been charged with marriage fraud
• Getting the best immigration lawyer possible is critical to helping you.