An applicant who is inadmissible for fraud or willful misrepresentation may be eligible for a waiver. A waiver of inadmissibility allows an applicant to enter the United States or obtain an immigration benefit despite having been found inadmissible.
The purpose of a waiver for inadmissibility due to fraud or willful misrepresentation is to:
- Provide humanitarian relief and promote family unity;
- Ensure the applicant merits favorable discretion based on positive factors outweighing the applicant’s fraud or willful misrepresentation and any other negative factors; and
- Allow the applicant to overcome the inadmissibility or removability ground.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) limited the availability of the waiver and eliminated the possibility of applying for a waiver if more than 10 years have passed. A waiver is now available only to applicants who can demonstrate extreme hardship to:
- A U.S. citizen parent or spouse;
- An LPR parent or spouse;
- A U.S. citizen fiancé(e);or
- In the case of a Violence Against Women Act (VAWA) self-petitioner: the VAWA self-petitioner, or his or her U.S. citizen, LPR, or qualified alien parent or child.
Applicants seeking other immigration benefits may have different means to waive inadmissibility for fraud or willful misrepresentation.
Certain illegal aliens who were eligible to apply for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986. To be eligible, aliens must have continuously resided in the United States in an unlawful status since January 1, 1982, not be excludable, and have entered the United States either 1) illegally before January 1, 1982, or 2) as temporary visitors before January 1, 1982, with their authorized stay expiring before that date or with the Government’s knowledge of their unlawful status before that date.
Legalization consists of two stages--temporary and then permanent residency. In order to adjust to permanent status aliens must have had continuous residence in the United States, be admissible as an immigrant, and demonstrate at least a minimal understanding and knowledge of the English language and U.S. history and government.
Regardless of your individual circumstances, working with an experienced Charlotte Illegal Immigration Waiver attorney is an important choice you can make to help improve your visa status. Call 704-486-5303 to speak with a Charlotte Illegal Immigration Waiver attorney today for a Free Illegal Immigration Waiver law consultation.