I-601 waiver applicants may be denied and deemed inadmissible due to previous misrepresentation or fraud. The misrepresentation or fraud waiver grants the applicant the ability to overturn the inadmissible status and continue through the immigration process.
Misrepresentation Or Fraud Waiver Requirements
To qualify for the misrepresentation or fraud waiver, the applicant must challenge and overturn the findings that once deemed them inadmissible.
Challenging Inadmissibility Findings
In order to be classified as admissible through the misrepresentation or fraud waiver, original findings must be challenged and overturned. To challenge the finding of inadmissibility, the applicant must show that (if applicable):
- No misrepresentation or fraud was present
- The fraud that was found, was unintentional
- The misrepresentation that was found, was not willful
Under the misrepresentation or fraud waiver, qualifying relatives (of American citizens or legal permanent residents) include: