Why You May Need a Marriage Fraud Immigration Waiver
To apply for a 212(i) waiver, a qualifying relative is essential. Without a waiver for misrepresentation qualifying relative, your application under section 212(i) may be denied. USCIS may find you inadmissible for misrepresentation in a marriage-based petition. Given these circumstances, an entry waiver for misrepresentation may be your only path forward. This 212(i) immigration visa allows eligible applicants to overcome a finding of fraud or willful misrepresentation under section 212(i) of the Immigration and Nationality Act (INA). It might be necessary to consider a fraud waiver for your application.
Is a Marriage immigration waiver Hard to Get?
Often, clients ask, “Is a marriage immigration waiver hard to get?” It is—unless you meet the exact criteria USCIS requires. You must present strong legal arguments and prove extreme hardship to a qualifying relative.
“Just because you committed fraud does not mean you are always inadmissible to the U.S.
— Brian D. Lerner
You can get a Waiver prepared to be able to immigrate or stay in the U.S.”
The 212(i) visa waiver qualifying relative applies to cases involving misrepresentation of a material fact. To qualify, the applicant must prove that a U.S. citizen or resident would suffer extreme hardship. Applying for a fraud waiver can help address these concerns.
It’s important to understand that hardship to the applicant’s children does not meet the requirements for a 212(i) waiver.
Under Immigration and Nationality Act (“INA”), a noncitizen who seeks to procure, has sought to procure, or procured any benefit under the INA by fraud or willful misrepresentation of a material fact, is inadmissible to the United States. To overcome this, you might seek a waiver of fraud penalties.
Citizenship and Immigration Services (“USCIS”), case law, and governmental regulations.
What class of person qualifies for the Fraud Waiver?
An applicant seeking an immigrant visa or adjustment of status based on a family based petition or a VAWA self-petitioner. An applicant seeking an immigrant visa or adjustment of status based on a employment based petition. Therefore, knowing if you fit the qualifiers for a fraud waiver is crucial.
