Asian Journal- The Filipino-American Community Newspaper

IMMIGRANTS sometimes find themselves in immigration removal proceedings (deportation) because they have obtained their green cards through fraud and or misrepresentation. A common example would be married children of US citizens who lie to the US Embassy about their marital status by stating that they are single in order to obtain permanent residency. Another common example would be a married person who misrepresents her status as single to the US Embassy or USCIS in order to obtain a green through a petition from a new US Citizen spouse.

These immigrants could have their green cards revoked and later on placed in removal proceeding by the USCIS should the government find out about the fraud or misrepresentation. The USCIS (formerly INS) usually discovers the fraud when the immigrant tries to petition another relative or when the immigrant tries to apply for US Citizenship.

However, there are certain relief available in immigration court for such immigrants who are the immediate relatives of either a US Citizen or Permanent Resident. This is the fraud waiver under INA §237(a)(1)(H). The waiver of removal provision under INA §237(a)(1)(H), 8 USC 1227(a)(1)(H), specifically states:

(H) Waiver authorized for certain misrepresentations. The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 212(a)(6)(C)(i) [8 USC §1182(a)(6)(C)(i)], whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who –

(i) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and

(ii) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 212(a) [8 USC §1182(a)(5)(A), (7)(A) ] which were a direct result of that fraud or misrepresentation.

A waiver of removal for fraud or misrepresentation granted under this subparagraph shall also operate to waive removal based on the grounds of inadmissibility directly resulting from such fraud or misrepresentation.

Statutory eligibility for the §237(a)(1)(H) waiver is established by an alien who having entered the United States by fraud or misrepresentation, whether willful or innocent, after having obtained an immigrant visa or equivalent document, and is the spouse, parent, son or daughter of a United States citizen or lawful resident alien.

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