Law Offices of Cindy Ramjattan Paul - Immigration lawyer, Nutley, NJ

Waiving Misrepresentation and Fraud

The § 237(a)(1)(H) waiver is a humanitarian waiver for certain individuals who have been placed in deportation proceedings and charged with fraud or misrepresentation. Its function is essentially a form of relief from removal and or deportation. It considers and allows you to defend yourself against alleged fraud or misrepresentation when admitted into The United States. In order to apply for a 237(a)(1)(H) waiver the respondent must come before an immigration court and request this relief. If the waiver is granted, the applicant is safe from removal which results in termination of proceedings. So who is eligible?

the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and

  1. was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 1182(a) of this title which were a direct result of that fraud or misrepresentation. 
  2. a lawful permanent resident through adjustment of status
  3. a VAWA self-petitioner.

Who is not a Qualifying Relative? 

  1. Children 
  2. The spouse of fraud marriage

Also consider, a deceased parent or child is not usually able to be a qualifying relative. There are very specific instances in certain states that consider deceased relatives in specific cases. 

What kind of Fraud or Misinterpretation?

There are a few instances where the fraud or misinterpretation can be applied under this waiver.

  1. An individual who claimed to be an unmarried child of a legal permanent resident even though they were actually married at the time 
  2. An individual who immigrated based on a marriage that had been already legally terminated
  3. An individual who conditional legal permanent resident who immigrated through a petition from a spouse or step parent and the petitioner and spouse were not married for two years at the time of admission or adjustment of status. 

This waiver, on the other hand, does not apply to people who were already otherwise inadmissible into the country due to other crimes, deportations, or unlawful restrictions.  

This waiver once submitted is up to the discretion of the judge to weight the respondent’s actions in the court of law. Hardship does not have to be considered when the judge is deciding to grant this waiver. We at the Law Offices of Cindy Ramjattan Paul can advise you on whether you qualify for this waiver. For more information please do not hesitate to contact us at (973)542-0200.