Immigration Fraud or Misrepresentation Waiver
If an applicant is inadmissible because they have sought to procure an immigration benefit by fraud or misrepresenting a material fact [INA Section 212(a)(6)(C)(i)], they may apply for a Waiver of Ground of Inadmissibility on Form I-601
If at any time you spoke to a US Consulate officer or a USCIS officer or a Border Patrol/ICE officer and you misrepresented a material fact about yourself that would help you gain entry to the United States, you might be charged with inadmissibility under INA section 212(a)(6)(C)(i). This charge, unless pardoned with a waiver request, is a permanent bar to entering the United States.
In order to have this bar removed you must demonstrate that your qualifying relative (a U.S. citizen or lawful Permanent Resident spouse, parent, or Fiance(e) K-1 petitioner) would experience extreme hardship if the applicant were denied admission OR the applicant is a VAWA self-petitioner and the applicant's U.S. citizen or legal permanent resident spouse, parent, or child would experience extreme hardship if the applicant were denied admission to the U.S.
A properly prepared I-601 waiver request should show that not only would extreme hardship be suffered by a qualifying relative (spouse, parent or child) if the applicant is living in another country apart from them for ten years, but also that the qualifying relative will also suffer extreme hardship if they chose to move to another country to be with the applicant for a period of ten years.
Ultimately, "extreme hardship" is evaluated on a case-by-case basis after a review of all the circumstances in the case, and none of the listed factors alone, or taken together, automatically establishes a claim of extreme hardship. The listed factors should not preclude consideration of other factors raised by an applicant, nor is an applicant required to show that each of the listed factors applies in the applicant's case, in order to establish extreme hardship. This is why it is essential that your waiver packet be carefully prepared.
In addition to proving that "extreme hardship" would be the result, the applicant must also prove that they deserve a favorable exercise of discretion, by showing that they can contribute to the US, they have good moral character, and other positive attributes, (including rehabilitation if a crime waiver).
This office consistently works with clients on I-601, I-601A, and I-212 waivers so that they may have their visa application or adjustment of status request approved. Please call our office for detailed requirements, procedures, and fees.