Deportation Defense I-601 Fraud Waiver Under INA Section 212(i) 

 

 

If you have previously committed immigration fraud or misrepresentation, you may be ineligible to receive a visa to enter the United States, apply for a green card, or not be allowed to reenter the United States after leaving. 

 

 

Under Immigration and Nationality Act (INA) Section 212(a)(6)(C)(i), an alien (i.e. 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. 

 

 

However, under INA Section 212(i), you may be eligible to receive a fraud waiver by filing Form I-601, Application for Waiver of Grounds of Inadmissibility through the United States Citizenship and Immigration Services (USCIS) or in Immigration Court if you are in removal proceedings. If your waiver is granted, any past fraud or willful misrepresentation for any future applications will be waived which would allow you to receive an immigration benefit such as a visa or green card. 

 

 

Who is eligible to receive an INA 212(i) Waiver?

 

 

You can be found eligible to receive a fraud waiver if your spouse or parent is a U.S. citizen or a green card holder (“qualifying relative”), and these relatives would suffer “extreme hardship” if your waiver application were not granted. Unlike other waivers, hardship to your child who is a U.S. citizen or green card holder is not considered. Thus, in order to have a qualifying relative, you must have a U.S. citizen or green card holder spouse or parent.

 

 

Special Rules for VAWA Applicants Regarding Extreme Hardship

 

 

If you are a VAWA applicant, you do not necessarily need to show extreme hardship to a qualifying relative. Rather, you can show that you would suffer extreme hardship if your waiver were denied. In addition to showing extreme hardship to yourself, extreme hardship to your parent or child who is a green card holder, asylee, refugee, or VAWA applicant will also be considered.

 

 

False Claim to U.S. Citizenship

 

 

Unfortunately, the 212(i) fraud waiver does not waive any false claims to U.S. citizenship. Instead, to overcome a false claim to U.S. citizenship, you must present defenses to show that the bar does not apply to you. 

 

 

Extreme Hardship Considerations and Factors

 

 

In order to be granted a discretionary fraud waiver, you must submit evidence to show that your qualifying relative, or yourself if you are a VAWA applicant, would suffer extreme hardship if your waiver were denied. This involves a showing of what would happen if your application were denied and (i) you are forced to return to your home country and your qualifying relative accompanies you, and/or (ii) you are forced to return to your home country and your qualifying relative remains in the United States. Below are some factors that USCIS will consider in deciding extreme hardship in either scenario (learn more here https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5):

 

 

• Family Ties and Impact
• Social and Cultural Impact
• Economic Impact
• Health Conditions and Care
• Education
• Country Conditions
• Personal Considerations
• Special Factors

 

 

An I-601/212(i) Waiver is Not a Standalone Application

 

 

The I-601/212(i) waiver must be filed in conjunction with an application for a green card (Form I-485), or an application for a visa. The need to file a fraud waiver can come up in several ways. Usually, after filing an application for a green card, or a visa application (such as an I-130, or a K1 visa), you will be notified by USCIS or the U.S consulate/embassy that you are inadmissible under INA Section 212(a)(6)(C)(i) because of past fraud. If you are living in the United States and you are applying for a green card, you may be given a small window of time to submit Form I-601 to request a fraud waiver. Failure to timely respond, will result to the denial of your application.  If you are abroad, you will have more time to submit the fraud waiver; however, a visa will not be issued unless your waiver application is filed and approved. 

 

 

Experience has shown that it is critical to consult with an immigration attorney before filing your application for green card or visa petition. 

 

 

An experienced attorney can advise whether there is going to be a need for a waiver. Instead of waiting for the government to notify you, an attorney can analyze the issue and decide whether to file the waiver packet together with your green card application or visa petition. As a result of filing your waiver application in advance, you will receive a quicker decision on your case. More importantly, by knowing whether there is a need to file a waiver, you and the attorney will have more time to prepare a strong waiver packet to increase the chances of success. 

 

 

At Boyadzhyan Law, we specialize in I-601/212(i) Fraud Waivers. Attorney Gary Boyadzhyan has extensive experience with fraud waivers and has successfully handled many waiver applications. We understand that the stakes are high when fraud is involved, which is why we are meticulous in our document preparation, and creative in formulating a winning strategy so that your waiver can be approved. With Boyadzhyan Law, you will have a second chance to start with a clean slate, and not carry the guilt and burden of your past wrongdoings. 

 

 

Contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com