Immigration Services
I-601 Waiver for Misrepresentation or Fraud

I-601 Waiver for Misrepresentation or Fraud

If the federal government or USCIS believes you willfully misrepresented any information within your immigration application, you will face some of the most serious consequences. You may be deemed ineligible to enter the United States, and that status could remain with you throughout your lifetime. If you have been rendered ineligible due to fraud or willful misrepresentation, you may not immediately know why. In some cases, although it is rare, you may be able to submit a waiver request. Below, our Chicago immigration lawyer explains more about the I-601 waiver.

Overcoming Inadmissibility Due to Willful Misrepresentation or Fraud

If you have not willfully misrepresented a material, or important, fact, you may be able to challenge the allegations. It may be possible to file a Form I-212 to apply for a waiver of inadmissibility for willful misrepresentation. This waiver can serve as a defense during removal proceedings and can help you win your case during court proceedings. You will also have to file Form I-601 with the USCIS for processing biometric and biographic information, as well as pay the legal fees.

You may also have to file supporting documents for your application, as well as the filing receipt for Form I-601. You should file these documents with the Immigration Court for Adjudication, and you and a qualifying relative will have to testify. The testimony should reflect any declarations and affidavits you have already filed.

When to Apply for an I-601 Waiver?

You may find that an I-601 waiver is useful if you have been deemed ineligible due to willful misrepresentation or fraud and you are trying to obtain an immigrant visa or green card. If you applied for an immigration benefit and received it, you cannot procure it by willful misrepresentation. You are likely ineligible based on willful misrepresentation if any of the following are true:

  • You procured or tried to procure a benefit under the immigration laws of the United States,
  • You willfully or unknowingly made false representation about an important fact, or
  • You made a false claim to a U.S. government official, including a U.S. consular officer, a USCIS immigration officer, or a U.S. customs officer.

Qualifying for an I-601 Waiver

The following people can apply for an I-601 fraud waiver and be excused from the lifetime ban:

  • Applicants who are a spouse or child or a U.S. citizen or a permanent resident who will suffer hardship if they are not allowed to enter the country,
  • VAWA self-petitioners who will suffer extreme hardship if they are not allowed into the country, and
  • A VAWA self-petitioner who has a spouse, parent, or child who is a U.S. citizen and they will suffer extreme hardship unless they are allowed to enter the country.

Call Our Immigration Lawyer in Chicago for Help Today

Applying for a waiver based on fraud or willful misrepresentation is never easy. At Sverdloff Law Group, our Chicago immigration lawyer can help you navigate the process so you have the best chance of a successful lawyer. Call us now or connect with us online to schedule a consultation and learn more.

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