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By: Jennifer Fabian-Verzosa, Esq.
FOR MANY PEOPLE, IMMIGRATING TO THE UNITED STATES IS THE CULMINATION OF A LIFELONG DREAM. HOWEVER, THAT DREAM CAN BE PUT AT RISK BY A PAST MISTAKE, SUCH AS MISREPRESENTATION OR FRAUD.
Whether it was a white lie on a visa application years ago or the use of a fraudulent document, the immigration consequences of misrepresentation or fraud are unfortunately severe: Under U.S. law, it typically triggers a lifetime ban from the United States.
The good news? The law potentially provides a second chance through the I-601 Waiver of Inadmissibility. How does this waiver work, and what does it take to successfully "waive" a misrepresentation or fraud charge?
“Misrepresentation” in Immigration
In the eyes of U.S. Citizenship and Immigration Services (USCIS), misrepresentation occurs when an individual willfully hides or falsifies a material fact to obtain an immigration benefit (like a visa or entry into the country). Willful means you knew the information was false, and material means the lie mattered. If the truth had been known, you likely would have been denied the benefit.
The Key to Forgiveness is Proving "Extreme Hardship"
The I-601 waiver is not granted just because you are now sorry. You must show that your removal or deportation would cause extreme hardship to a qualifying relative. For fraud/misrepresentation waivers, your qualifying relatives are limited to your U.S. Citizen or Lawful Permanent Resident spouse or parent.
Family separation always causes "normal" hardship. To prevail on this waiver, you must show that your relative’s suffering would be beyond the common results of deportation. It must cause a much higher level of hardship. This must be heavily documented. An immigration attorney can help you determine what types of evidence would help meet the “extreme hardship” standard. In addition, you must otherwise have good moral character, with positive factors outweighing any negative factors (such as the nature and severity of the fraud, history of immigration violations, and criminal record). Positive factors may include community involvement, long-term residency in the U.S., stable employment, and evidence of genuine remorse and rehabilitation.
The I-601 Waiver process is legally complex and highly dependent on the evidence that you submit with your application. An immigration attorney can help you determine the types of documents that will strengthen your application package.
The I-601 Waiver process is legally complex and highly dependent on the evidence that you submit with your application.
The Application Process
The I-601 Waiver application process is a journey of precision, involving significant documentation and a long wait that requires patience. The I-601 is rarely filed in a vacuum; it is usually part of a larger green card or visa application. Usually, you do not file the I-601 until a government official officially finds you "inadmissible." For those outside the U.S., this happens at the Consular Interview. For those inside the U.S. adjusting status, it happens during or after the USCIS Interview.
The I-601 Filing Fee is currently $1,050. After receiving your waiver application, USCIS will review your case, and if approved, will notify the consulate or your local USCIS office that your waiver has been approved. Once your I-601 Waiver is approved, your fraud/misrepresentation is essentially “forgiven”, which means that your green card process can now proceed!
It takes time and patience, and there is always the risk of not being approved. However, a successful result can put your American dreams back on track.
An immigration attorney can help you determine whether you might be eligible for this special waiver based on your unique circumstances and immigration history, and assist you in putting together a persuasive application package.
Contact our
IMMIGRATION LAW OFFICE for assistance with whether an I-601 Waiver can help you in your situation. We are compassionate and dedicated to helping you understand your options so you can move your life forward.
We provide both in-person and remote immigration legal services to clients
all over the world.
Contact us today!
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*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com
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**Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa, an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**
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DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.
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