Deportation: Fraud Waiver Granted to Permanent Resident
The surest way to doom your chances to become a permanent resident is to lie on an application for immigration benefits. Fraud creates a bar to admissibility to the U.S.
Yet, strict as they are, the immigration laws allow for waivers to be granted to some persons who obtained permanent residence through fraud or misrepresentation.
Recently, an Immigration Judge granted our client's application to remain in the United States despite a material misrepresentation on his application for a green card. In 1989, the U.S. Embassy in his country issued him a visa to come to the U.S. as a lawful permanent resident. He claimed eligibility to become a lawful permanent resident based on an approved visa petition submitted on his behalf by his mother, a U.S. citizen.
The application was based upon the fact that he was an "unmarried son" of a U.S. citizen. At the time of his immigrant visa interview at the Embassy, he claimed to be unmarried although he was married with two children.
Five years later, he applied for naturalization. The INS conducted an overseas investigation and discovered that he was married prior to immigrating to the U.S.
He was charged with committing fraud and misrepresentation and placed in deportation proceedings before an Immigration Judge. He hired our law firm to represent him in Immigration Court. We filed an application for a "waiver" on his behalf under §237(a)(1)(h) of the Immigration and Nationality Act.
This type of waiver is available to certain sons, daughters, spouses, and parents of U.S. citizens or lawful permanent residents.
In determining whether to grant a waiver, an Immigration Judge must balance the "adverse and favorable" factors in the individual's case.
Adverse factors include:
In support of his application for a waiver, we submitted the following documents to the Immigration Judge:
Based on this information and his testimony, the Immigration Judge found that if he had to return to his native country, he would be unable to provide for his wife and two children. The Immigration Judge held that his family members in the U.S. would be burdened with providing him with assistance.
The Judge granted his application for a waiver. This enables him to remain in the U.S. and apply for citizenship. After he becomes an American citizen, he will be able to obtain permanent residence for his wife and children.
Carl Shusterman is a certified Specialist in Immigration Law, State Bar of California
The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.