info@nyvisalawyer.com

TOPICS

601A appeal asylum BIA Bond cancellation of removal Case Law CAT checklist citizenship court COVID criminal DACA Detention EAD Extreme Hardship FAQ flowchart FOIA green card how to I-751 inadmissibility info interview marriage motions news NVC NYC Parole Policy Politics SIJS Template TPS update USCIS U visa Video Visa waiver webex withholding

Recent Posts

< All Topics
Print

Fraud and Misrepresentation Waiver

The availability of a waiver of inadmissibility based on fraud or willful misrepresentation depends on the immigration benefit the applicant is seeking. The guidance in this Policy Manual part only addresses the processes used for the fraud or willful misrepresentation waiver1 **** available to applicants listed in the table below.

Classes of Applicants Eligible to Apply for Waiver under INA 212(i)

Applicants seeking:

  • 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 step-children of U.S. citizens)
  • A nonimmigrant V visa (spouses and unmarried children under age 21, or step-children of lawful permanent residents)

Applicants seeking other immigration benefits may have different means to waive inadmissibility for fraud or willful misrepresentation.


Applicants Who May Have a Waiver Available

The chart below details who may apply for a waiver of inadmissibility based on fraud or willful misrepresentation and the relevant form. This chart includes waivers under INA 212(i) as well as waivers of inadmissibility for fraud or willful misrepresentation under other provisions of the INA. 

Applicant Category Relevant Form
Applicants for adjustment of status, immigrant visas, and K and V nonimmigrant visas seeking waiver under INA 212(i)Form I-601Application for Waiver of Grounds of Inadmissibility
Temporary Protected Status (TPS) applicants seeking waiver under INA 244(c)Form I-601Application for Waiver of Grounds of Inadmissibility
Applicants for admission as refugees under INA 207Form I-602Application by Refugee for Waiver of Grounds of Inadmissibility
Refugees and asylees applying for adjustment of status under INA 209[15]Form I-602Application by Refugee for Waiver of Grounds of Inadmissibility
Legalization applicants under INA 245A Form I-690Application for Waiver of Grounds of Inadmissibility
Special Agricultural Workers (SAW) under INA 210Form I-690Application for Waiver of Grounds of Inadmissibility
Nonimmigrants, including T and U[16] visa applicants (but not K and V nonimmigrants)Form I-192Application for Advance Permission to Enter as Nonimmigrant
From USCIS Website: https://www.uscis.gov/policy-manual/volume-9-part-f-chapter-1

Legal Authorities

  • INA 212(a)(6)(C)(i) – Illegal Entrants and Immigration Violators – Misrepresentation
  • INA 212(i) – Admission of Immigrant Excludable for Fraud or Willful Misrepresentation of Material Fact

Asylee and Refugee Based Adjustment Applicants

At the time of adjustment, asylees and refugees seeking adjustment of status may apply for a waiver of inadmissibility for fraud or willful misrepresentation.2 The waiver can be approved if the grant serves humanitarian purposes, family unity, or other public interests. Under current USCIS policy, the officer has the discretion to grant the waiver with or without a waiver application for certain grounds of inadmissibility.

Waiver applications for refugees are usually adjudicated overseas before the applicant is admitted in the refugee classification. However, if the refugee is inadmissible based on actions that occurred prior to or after admission, the refugee can apply for a waiver when seeking adjustment.

Nonimmigrants, including T and U Nonimmigrant Visa Applicants

An applicant seeking admission as a nonimmigrant and who is inadmissible for fraud or willful misrepresentation may obtain a waiver for advance permission to enter the United States.(These applicants seek relief under INA 212(d)(3).) This waiver is granted at the discretion of the Secretary of Homeland Security. 

If the applicant is seeking a nonimmigrant visa (other than K, T, U, and V) overseas, the applicant must apply for the waiver through a U.S. Consulate. The Customs and Border Protection (CBP) Admissibility Review Office (ARO) adjudicates the waiver. See INA 212(d)(3)(A)(i). If the applicant is not required to have a visa (other than visa waiver applicants) and is applying for the waiver at the U.S. border, the application is filed with CBP.

If the applicant is applying for a T or U nonimmigrant visa, the applicant must always file the waiver application with USCIS. 

If the applicant is applying for a K or V nonimmigrant visa, the applicant is generally treated as if he or she is an intending immigrant. Therefore, the applicant must file a waiver application with USCIS if inadmissible for fraud or willful misrepresentation. See INA 212(i). If USCIS grants the waiver, DOS will grant a nonimmigrant waiver without CBP involvement. See INA 212(d)(3).

1This guidance only addresses the waiver under INA 212(i). The fraud or willful misrepresentation waiver discussed in this guidance is also available to applicants who obtained, or attempted to obtain, a benefit based on falsely claiming U.S. citizenship before September 30, 1996. 

2 These applicants seek a waiver under INA 209.

Tags:
Table of Contents