Please Forgive Me...Fraud Waivers in
Removal Proceedings and CIS


By:  Dennis E. Chua, Esq.

Motivated by their desire to enter the United States or to legalize their stay in the country, people resort to measures which they would later regret.   They fall prey to unscrupulous individuals who promised them a US visa or an opportunity to legalize their stay here in the country.
 
Often, we see these people at the losing end.  After paying these fixers  a hefty amount, most of them end up not being able to fix their immigration status or being removed or deported.   This is because what was promised to them by these fixers turned out to be a fraudulent filing or the submission of false documents.  A person who, by fraud or willful misrepresentation of a material fact, seeks to procure or has procured a visa, other documentation, or admission into the United States or other benefit provided in the Immigration and Nationality Act shall not be given an immigrant visa.    Arguing that reliance was made on the misrepresentations of these fixers will generally not shield a person from the fraud perpetrated by these fixers or their agents.

The more common fraud cases that we encounter are the following:

1. Entering the country with an assumed name;

2. Filing an application for political asylum where the material facts in support of the application are not true;

3. Filing a LULAC application by misrepresenting oneís entry date into the United States;

4. Misrepresenting oneís marital status in an application for a visitorís visa.

However, it is not the end of the road for those who have been found to have committed fraud or misrepresentation.  The law allows them to file for a waiver application if they have a qualifying relative who is either a US citizen or legal permanent resident spouse or parent.  They must also show that their qualifying relative would suffer extreme hardship if they are asked to leave the country.

The grant of a waiver application is not automatic.  It involves the exercise of discretion by the USCIS or the Immigration Judge in considering if one merits the approval of his or her waiver application. 

One must clearly show that there are sufficient factors which would amount to a level that is considered as extreme hardship to the qualifying relative.  Factors to be considered in determining extreme hardship include among others the following:  family ties in and outside the United States; financial impact of departure in this country; significant conditions of health; effects of separation; and country conditions.

The filing of a waiver application should not be taken for granted.  A waiver application to be presented either before the Immigration Judge or the USCIS must clearly show that the qualifying relative will suffer extreme hardship if you are asked to leave the country and that you are worthy of being forgiven for your past fraud or misrepresentation.



Atty.  Dennis E. Chua is a partner in The Law Firm of Chua Tinsay and Vega (CTV) -  a full service law firm with offices in San Francisco, San Diego and Manila.  Atty.  Chua has successfully represented clients  before the Immigration Court and USCIS for their fraud waiver applications.  The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship.  Call or
e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (415) 495-8088; (619) 955-6277; Dchua@ctvattys.com.
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