us fraud waiver lawyer in India

us fraud waiver lawyer in India

https://gehilawindia.com/



INTRODUCTION:

A US Fraud waiver is a form of relief that allows certain US immigrants who are inadmissible to the United States for fraud or willful misrepresentation to obtain a US immigrant visa or a Green Card. Fraud or willful misrepresentation is a situation where an immigrant conceals material facts to gain immigration benefits like; a visa, a green card, or maybe citizenship.

Any alien who, by fraud or wilful misrepresentation of material fact, seeks to procure a visa, or has obtained any documentation or admission to the United States, or tries to avail of any benefits becomes inadmissible under the US Immigration and Nationality Act (INA).

In this blog, we will explain what a fraud waiver is, who can apply for a US fraud waiver, how to apply for it, and what happens after one applies for a US fraud waiver.

 

UNDERSTANDING WHAT A US FRAUD WAIVER IS:

If you are applying for a US immigrant visa to the United States, you may be denied the same if you are found inadmissible for fraud or willful misrepresentation. Thus, making it clear that you have hidden or lied about certain material facts to obtain immigration benefits. 

However, if you meet certain thresholds, you may be eligible for a waiver of inadmissibility. Here are a few examples of circumstances that are considered as wilful misrepresentation:

  • Producing or using documents that have been altered. E.g., birth certificate, marriage certificate, etc.
  • Falsification of identity, criminal history, marital status, health, etc.
  • Claims of being a US citizen while not being one.
  • Failure to reveal pertinent information such as earlier visa denial (if any), deportation, etc.

The fraud or willful misrepresentation must be material. To elaborate, it must have a natural tendency to influence the decision of the immigration officer or consular officer. It does not matter whether the officer actually relied on the false or misleading information or not.

 

ELIGIBILITY TO APPLY FOR A WAIVER OF INADMISSIBILITY FOR US FRAUD OR MISREPRESENTATION?

Not everyone who is inadmissible for fraud or willful misrepresentation can apply for a us fraud waiver. The Immigration and Nationality Act provides a waiver only for certain categories of applicants who have a qualifying relative who would suffer extreme hardship if the applicant is denied admission to the United States. The qualifying relative must be either:

  •  A U.S. citizen or lawful permanent resident (LPR) parent or spouse
  • A U.S. citizen fiancé(e) petitioner (for K-1 or K-2 visa applicants only)
  • A Violence Against Women Act (VAWA) self-petitioner (who can claim extreme hardship to himself or herself, or to his or her U.S. citizen, LPR, or qualified noncitizen parent or child.
  • U.S. citizens or LPR children are not qualifying relatives for this waiver.

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