212(i) Waiver Attorney in Dallas

Waivers for Fraud or Willful Misrepresentation

There are various grounds that generally make a person inadmissible to the United States. Examples of grounds include crimes involving moral turpitude and certain controlled substances. Others may be deemed inadmissible on health-related and national security-related grounds.

“Inadmissible” means a person is not permitted to enter or remain in this country. Certain grounds of inadmissibility may be overcome by obtaining a waiver specific to those grounds.

A class of inadmissibility that may qualify for a waiver are those guilty of using fraud and misrepresentation in order to claim or seek to claim benefits under the Immigration and Nationality Act (INA). In these cases, noncitizens might be eligible to submit a form requesting a 212(i) waiver.

Our experienced attorneys can help those eligible to apply for a 212(i) waiver. Call us at (888) 867-5191 to discuss your case.

Purpose of 212(i) Waivers

According to the U.S. Customs and Immigration Services Policy Manual, the purpose of the waiver is to:

• “Provide humanitarian relief and promote family unity;
• Ensure the applicant merits favorable discretion based on positive factors outweighing the applicant’s fraud or willful misrepresentation and any other negative factors; and
• Allow the applicant to overcome the inadmissibility or removability ground.”

Who Qualifies for a 212(i) Waiver?

Waivers are available under narrow parameters outlined in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The act also eliminated the prior rule that someone could apply for the waiver solely based on the fact that 10 years had passed since the date of the fraudulent behavior.

Applicants must now demonstrate extreme hardship to one of the following if they are denied admission:

• U.S. citizen parent or spouse
• An LPR parent or spouse
• A U.S. citizen fiancé(e)

In the case of a Violence Against Women Act (VAWA) self-petitioner, the VAWA self-petitioner must prove a hardship for themselves, or their citizen or qualified noncitizen parent or child.

Extreme hardship requires the immigration officer to look at the totality of the circumstances when determining if extreme hardship is valid in a particular case. Family separation, inferior medical services in their home country, and economic detriment are among the common consequences of being denied admission. For a waiver to be considered, more than one consequence must be present. The officer also takes into account other factors such as family ties in the U.S., the social and community connections they have made here, and conditions back in their country of origin.

Classes of applicants eligible to apply for a 212(i) waiver are those who are seeking one of the following:

• An immigrant visa or adjustment of status based on a family-based petition or as a VAWA self-petitioner
• An immigrant visa or adjustment of status based on an employment-based petition
• A nonimmigrant K visa (fiancé(e)s of U.S. citizens and their accompanying minor children, foreign spouses, and stepchildren of U.S. citizens)
• A nonimmigrant V visa (spouses and unmarried children under age 21, or stepchildren of lawful permanent residents)

How Long Does the Waiver Process Take?

Electronic submissions for a 212(i) waiver generally take about 60 to 90 days, but processing times can vary.

Does a 212(i) Waiver Expire?

If a 212(i) waiver is granted, there is no expiration. Fraud or willful misrepresentation is permanently waived and will not affect future immigrant applications.

Applying for the Waiver

Those seeking a waiver under INA 212(i) must submit Form I-601 if they want to apply for adjustment of status, immigrant visas, and K and V nonimmigrant visas. Foreign nationals who are facing deportation can apply for the waiver as a removal defense.

Hire Experience for Your Immigration Case

Immigration officers will weigh many factors in determining whether a case should receive a 212(i) waiver. Having a skilled attorney help in the application process is particularly important because waivers are granted on a discretionary basis. Submitting a strong application is imperative.

Our legal team at Mathur Law Offices has extensive experience in all areas of immigration law. We are a Board-Certified Immigration Specialist with a strong success record. Waivers and other immigration applications are inherently complicated, and our experience can help you through the complex process.

Contact us today to learn more about how we can help your immigration case. Use our online form or call (888) 867-5191.