What Is Immigration Misrepresentation and When Do I Need a Waiver?

If a person is found committing fraud or willfully misrepresenting in connection with a visa or green card application, they may be deemed inadmissible to the United States. This ground of inadmissibility is especially tough because it bars you from adjusting to permanent resident status or entering the U.S. for life. No amount of time will cure inadmissibility for fraud or misrepresentation, so what is there to do?

Fraud and Misrepresentation

In order for conduct to meet the standard required for inadmissibility, it must meet the following conditions:

• The person committing misrepresentation must not be a U.S. citizen
• The conduct must involve fraud or misrepresentation
• The misrepresentation must be willful
• The misrepresentation must be of a material fact
• The fraud or misrepresentation must be committed in the context of procuring a benefit under the Immigration and Nationality Act (INA)

All kinds of conduct can fall under fraud and misrepresentation: forging signatures, altering documents, purchasing false papers, and using another person’s documents are just a few examples that would qualify.

Do I Need a Waiver?

Depending on your case, you may be able to defeat a permanent inadmissibility due to a misrepresentation or fraud if you receive a misrepresentation waiver. To qualify, you must demonstrate that a U.S. citizen or lawful permanent resident spouse or parent would face “extreme hardship” if you were removed from the United States or denied a visa to enter.

Typically, extreme hardship does not apply to you or your children, unless they have a parent that is a U.S. citizen or lawful permanent resident. However, if it is a Violence Against Women Act (VAWA) case where you can demonstrate that you were subject to battery or extreme cruelty by a U.S. citizen spouse, extreme hardship to the you or your children may be considered.

If you need more information about the waiver application process, please contact our Orange County immigration lawyer at Yekrangi & Associates While these waivers require extensive evidence, we can evaluate and prepare your case to get you the results you desire.