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INA §212 (i) Fraud Waiver

Inadmissibility based of Fraud or Misrepresentation

INA 212(a)(6)(i) states "Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible."

Fraud must consist of a false representation of material fact made with knowledge of its falsity and "with intent to deceive the consular or immigration officer and with the representation having been believed and acted upon by the officer. " Matter of G-G-, 7 I&N Dec. 161 (BIA 1956).

Because it is difficult to prove the "intent" individuals usually are charged with "material representation" rather than with "fraud. "

Test of immateriality is whether the misrepresentation was such that could be affecting the decision of an immigration officer. For example, a passport applicant's false statements as to name, identity,  marital status and citizenship are material to the State Department's decision as to whether to grant a visa.  Silence or failure to voluntary the information does not in itself constitute misrepresentation. The applicant may retract his prior statement but it must be made at the same interview.

The fraud or misrepresentation must be in connection an application for a visa, passport, re-entry permit, or other benefit under Immigration and Nationality Act and includes all supporting documents such as forms, petitions, and labor certification forms and documents.

Waiver Eligibility

Section 212(i) of the Immigration and Nationality Act (INA) provides a discretionary waiver for immigrants who are subject to a ground of inadmissibility based on fraud or misrepresentation in procuring or attempting to procure an immigration benefit (212(i) Fraud Waivers).

Waiver of inadmissibility or removal is available to an alien, if:

(1)  the alien is the spouse, son, or daughter of a U.S. citizen or lawful permanent resident, and
(2)  the alien can establish  that extreme hardship would result to the citizen or lawfully resident spouse or parent of such an alien.

If such waiver is granted the alien may remain in the United States and keep his or her lawful permanent residence, or adjust to lawful permanent resident status.

This waiver is also available to a battered spouse or battered child.

A waiver is also available to under relax standards that is discretionary  to U and T status holders and visa applicants. Such waiver does not require qualifying relative or showing hardship.

Filing the Waiver Application

An INA §212(i) fraud waiver is filed of Form I-601, Application for Waiver of Grounds of Inadmissibility

Are you interested in learning more about Fraud Waivers? If so, contact Immigration Attorney Irina Vinogradsky to set up a consultation today!

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