Waiver INA 237(a)(1)(H) Fraud Waiver 

If you received your green card through fraud, you may be eligible to seek forgiveness by filing a fraud waiver under INA section 237(a)(1)(H), which would allow you to keep your green card and terminate removal proceedings against you. 

In general, to qualify for a 237(a)(1)(H) fraud waiver, you must be in removal proceedings and you must:

• Have a qualifying relative (you must be the spouse, parent, son or daughter of a U.S. citizen or lawful permanent resident); 
• Have been in possession of an immigrant visa or equivalent document; and
• Otherwise be admissible at the time of admission to the United States. 

If you are a VAWA self-petitioner, you do not need to have a qualifying relative to seek a 237(a)(1)(H) fraud waiver. 

The key qualification for the waiver is to show that the fraud was the reason why you were able to get an immigrant visa or green card. Thus, not all types of fraud are covered. 

Some examples of when a person could apply for a 237(a)(1)(H) fraud waiver, include marriage fraud, misrepresenting your identity, concealing important information such as a criminal history, or misrepresentations relating to your employment. You must show, but for the fraud, you would not have received an immigrant visa or a green card.

At Boyadzhyan Law, we specialize in 237(a)(1)(H) fraud waivers. You will have a trial attorney by your side who understands the legal complexities of seeking a 237(a)(1)(H) fraud waiver. More importantly, we understand what the immigration judges are looking for in the waiver applications. From start to finish, we will guide you through the process, discuss what type of documents will help your case, and prepare a strategy to present your case in the most favorable light. Yes, committing immigration fraud is not a good thing. The Department of Homeland Security (DHS) will do everything in its power to cast you out as a fraudster, a person who cannot be trusted and a person who does not deserve to be a resident of the United States. However, life is not always black and white. Often there are reasons why a person would resort to such an extreme measure such as committing immigration fraud. It will be our job to explore and explain those reasons so that the immigration judge could see the human element behind the fraud, which is that no one is perfect, and people make mistakes. 

Attorney Gary Boyadzhyan has extensive trial experience and has successfully handled many fraud waiver applications before an immigration judge. 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 in trial 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