A finding of misrepresentation or fraud by the government can have significant consequences and result in ineligibility for permanent residency in the U.S. It is important to understand what constitutes misrepresentation and fraud and whether a waiver is available to you if you are inadmissible – or have been found inadmissible by the government – for this reason.
A foreign national who by fraud or willful misrepresentation of a material fact seeks to obtain, has sought to obtain, or has procured a visa, other documentation, or admission into the United States or other benefit provided under the immigration law, is inadmissible.
Waiver For Misrepresentation Or Fraud
In certain circumstances, the government may waive inadmissibility for misrepresentation or fraud. In order to qualify for a waiver, the foreign national must have a qualifying relative who would suffer extreme hardship if the foreign national is refused admission to or removed from the United States.
Definition Of A Qualifying Relative
A qualifying relative for a misrepresentation/fraud waiver can be the U.S. citizen or permanent resident spouse or parent of the foreign national. Unfortunately, U.S. citizen or permanent resident children do not qualify.
Establishing Extreme Hardship
There is not an exact definition of extreme hardship, although the Board of Immigration Appeals has identified factors to be considered in determining extreme hardship. These include, but are not limited to the following:
- Family ties of the qualifying relative in the United States;
- Family ties of the qualifying relative outside the United States;
- Country conditions in the foreign national’s home country;
- Ties of the qualifying relative to the foreign national’s home country;
- Economic impact to qualifying relative if foreign national is denied admission;
- Significant health conditions and care; and,
- Unavailability of adequate medical care facilities in foreign national’s home country
Our immigration attorneys can help you determine whether you are eligible for a waiver under the grounds that a qualifying relative will experience a hardship if you are not admissible into the country.
False U.S. Citizen Claims
There are serious consequences for false claims of U.S. citizenship. Under the immigration law, a foreign national who falsely represents (or falsely represented) him or herself to be a citizen of the U.S. for any purpose or benefit under the Immigration and Nationality Act is inadmissible for fraud or willful misrepresentation. There is no waiver for this ground. There is only one limited exception for certain qualifying individuals.