How to qualify and what must be done
“Just because you committed fraud does not mean you are always inadmissible to the U.S. You can get a Waiver prepared to be able to immigrate or stay in the U.S.”— Brian D. Lerner
The 212(i) waiver of inadmissibility for fraud or willful misrepresentation of a material fact is only available where an applicant demonstrates that a U.S. citizen or lawful permanent resident spouse or parent would face “extreme hardship” if he or she is removed from or denied a visa to enter the United States.
It is important to note that “extreme hardship” to the inadmissible alien’s children does not qualify for a 212(i) waiver.
However, hardship involving the children as it pertains to a U.S. citizen or lawful permanent resident spouse or parent may be considered in that context.
Extreme hardship to the applicant will also not be considered.
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.
“Inadmissible” means an applicant is physically present in the United States, but he or she has not been legally admitted in any status.
“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.
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.