The immigration process in the U.S. is complicated, and many immigrants, despite their best efforts, may accidentally commit an error on their applications. This can lead to charges of fraud or misrepresentation, which can prevent immigrants from adjusting their status to permanent resident or from entering the country in the first place. The Immigration Fraud Waiver, or I-601 waiver, can help you manage your immigration status without legal ramifications. The following guide can help you determine whether you qualify for the immigration fraud waiver and help you clear your status.
To receive an Immigration Fraud Waiver, you must first have been accused of fraud or misrepresentation and therefore become inadmissible to the U.S. To be labeled as such, the following qualifications must typically be shown by U.S. government officials:
- Willfully making a substantial false misrepresentation in your application
- Making a false representation to a U.S. government official with the intent to deceive them
- Having a U.S. government official believe and act on the false representation by granting your immigration request
Note that whether your immigration application was actually successful or not, you may still be liable for fraud and still considered inadmissible if your application met the above violations. The important thing is whether you provided false information in your application, regardless of whether it was accepted.
Qualifications for the Waiver
To qualify for the Immigration Fraud Waiver, you must show that you are the spouse, child, or fiancé(e) of a U.S. citizen or permanent resident who will suffer from extreme hardship if you are not admitted to the U.S. This can be shown through deteriorating health, financial and personal considerations, and valid fears of persecution or physical harm, among other factors.
In addition to this prerequisite, you may be eligible for the Immigration Fraud Waiver if your attorney can prove that no fraud was present, that you did not intend to deceive a government official, or that the mistakes made on your application should not preclude your admission to the U.S.
No Fraud Present
After your case is reviewed, it may be found that you did not commit fraud in any way after all. This is the easiest way to have any barriers removed from your immigration status and get back into the U.S. as quickly as possible. To show that no fraud was present in the first place, your immigration attorney will verify all the information provided in your application and show that it is truthful. In doing so, they can prove that there was no fraud involved and provide a compelling argument that you should be admitted into the U.S. Be sure to keep all documents used in your application and provide your attorney with any additional information that they can use to verify the authenticity of the information in the application to speed along this process.
Unintended Fraud Present
Another way to clear your status is to show that while fraud was committed, it was done unintentionally. To be liable for fraud, it must be shown that you lied with the intention of deceiving a U.S. government official. To clear your status, your attorney must show that you did not knowingly make a false representation of an important fact and that you had no intention of deceiving government officials. While this may sound difficult to do, an experienced attorney will guide you through the defense and help you collect the correct paperwork. Once this situation is cleared, you may be able to adjust your status or enter the U.S.
Unwillful Misrepresentation Present
Unwillful misrepresentation is extremely similar to unintended fraud. In both cases, the applicant has been accused of providing false information to secure an immigration benefit. However, the intention to deceive a government official does not apply to misrepresentation claims. This means that while you did not intend to lie to anyone in order to enter the U.S., your application contains a large mistake that precludes your entrance. Clearing this charge from your record can be more difficult, as in this instance, true mistakes can qualify you for misrepresentation accusations and halt your application. As with fraud, an experienced attorney will be able to determine the best course of action to help you with your case.
Working With Johnson & Masumi
If you need an I-601 waiver due to claims of misrepresentation or fraud, or are looking for more information about the immigration fraud waiver, contact Johnson & Masumi to receive a consultation about your case. Johnson & Masumi’s attorneys specialize in immigration cases, including employment waivers, fiancé and student visas, and status adjustments. Its team has years of experience in helping immigrants prepare for visa interviews, submit applications, navigate deportation proceedings and more.