Fraud Waiver

An immigration waiver is a request for the U.S. government to overlook certain grounds of inadmissibility or deportability that would otherwise make a non-citizen ineligible for a visa, green card, or other immigration benefit. One of these grounds is fraud or misrepresentation, which is covered by section 212(i) of the Immigration and Nationality Act.

If a non-citizen has engaged in fraud or misrepresentation in their application for a visa or other immigration benefit, they may be considered inadmissible to the U.S. This can include making false statements on their application, submitting fake documents, or concealing material facts. However, in some cases, the non-citizen may be able to apply for a section 212(i) waiver to ask for forgiveness for their past actions.

To qualify for a section 212(i) waiver, the non-citizen must show that their spouse, parent, or child is a U.S. citizen or green card holder, and that denying their application would cause "extreme hardship" to this qualifying relative. Extreme hardship can include financial, emotional, or medical difficulties that the qualifying relative would face if the non-citizen is not allowed to come to or stay in the U.S.

Applying for a section 212(i) waiver can be a complex process, as it involves providing evidence of the qualifying relationship, the extreme hardship that would result from the non-citizen's inadmissibility, and the non-citizen's good moral character. It is important to work with an experienced immigration attorney to help navigate the process and increase the chances of a successful outcome.

If the section 212(i) waiver is granted, it will allow the non-citizen to overcome the fraud or misrepresentation grounds of inadmissibility and proceed with their visa or other immigration benefit application. However, it is important to note that a section 212(i) waiver does not guarantee approval for the underlying immigration benefit, and the non-citizen will still need to meet all other eligibility requirements.