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The Misrepresentation Waiver

The Immigration and Nationality Act provides a waiver to individuals who are found inadmissible under §212(a)(6)(C)(i) for committing fraud or willful misrepresentation of a material fact at to any DHS officer (whether by lying, using false documents, or otherwise attempting to gain lawful entry into the US by fraudulent means). Whether a statement or document submitted is “material” depends on whether the statement or false document presented would make the immigrant excludable or shut off a line of inquiry which may have resulted in exclusion from the U.S.

The requirements for the waiver are:
(1) The applicant must be the spouse, son, or daughter of a U.S. citizen or alien lawfully admitted for permanent residence; AND
(2) The refusal of admission to the United States would result in extreme hardship to the citizen or LPR relative.

Extreme hardship is not defined by the statute but depends on caselaw and the factors of each individual case (see discussion above related to extreme hardship). A formal finding of marriage fraud results in a lifetime bar to any issuance of an immigrant visa. A finding of misrepresentation, though, may be waived by this special 212(i) waiver.
Attorney Heather L. Poole practices exclusively in the area of U.S. family-based immigration law and citizenship law. Heather is a nationally-published immigration author, frequent lecturer on immigration issues, and member & officer of the American Immigration Lawyers Association’s Southern California Chapter. For more information about Heather and the services offered, visit www.humanrightsattorney.com

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