Minnesota 212(i) Fraud Waivers Attorney

Form I-601, Application for Waiver of Grounds of Inadmissibility Under 212(i)

Applicants who are inadmissible to the United States must apply for a waiver of inadmissibility if they are seeking to obtain an immigrant visa, adjustment of status, or certain other nonimmigrant status.  This waiver allows the applicant to enter the United States and/or to obtain an immigration benefit despite being found as inadmissible due to fraud or by willful misrepresentation.

What is the purpose of a waiver of inadmissibility?

The primary purposes of this particular waiver is to:

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

If your spouse or parent is a citizen or green card holder of the United States or green card holder, the government may waive your fraud as long as you provide evidence that your qualifying relatives would endure extreme hardship should you not be granted a fraud waiver.  Note: hardship to your children is not considered under the 212(i).

Factors of Extreme hardship include:

  • whether or not qualifying relatives hold family ties to the United States;
  • the extent of the qualifying relatives’ family ties outside the United States;
  • conditions within your home country;
  • the financial impact of your departure from the United States; and
  • health conditions pertaining to the unavailability of suitable medical care in your home country

Do I need to obtain an Immigration Fraud waiver?

If you, through fraudulent means or willful misrepresentation of a material nature, have sought to procure or have procured a visa, other documentation, or admission into the United States or other benefit under the United States Immigration laws then you absolutely do need to apply for one.

Am I eligible to apply utilizing Form I-601?

It depends on the type of immigration benefit in which you are attempting to pursue. Acceptable classes of applicants that are eligible to apply for waiver under the INA 212(i) include:

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

If you are an applicant seeking other types of immigration benefits you may qualify for different means to waive inadmissibility for fraud or willful misrepresentation.  Seeking advice of an experienced immigration attorney can help you to understand your rights and the options that are available to you.  Contact our office at 952-361-5556 (or fill out the free case evaluation form below) to further discuss your case.

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