A waiver under INA §237(a)(1)(H), often referred to as a fraud waiver or waiver of removability, is a form of humanitarian relief available to certain lawful permanent residents who are facing deportation because of fraud or misrepresentation during the immigration process.
This waiver may allow a person to keep their lawful status and remain in the United States even if an error, misunderstanding, or misrepresentation occurred when they obtained their immigration benefits. In many cases, the purpose of this waiver is to preserve family unity when deportation would separate close relatives.
Both intentional and unintentional misrepresentations may be forgiven if the waiver is granted.
The attorneys at Behar International Counsel APC assist clients in removal proceedings and help determine whether a fraud waiver under INA §237(a)(1)(H) may be available.
The fraud waiver may be used in situations where a person became removable because of incorrect information provided during the immigration process.
Example 1:
An individual immigrated as an unmarried child of a permanent resident but was actually married at the time of admission. Years later, when applying for citizenship, the government discovers the mistake and begins removal proceedings. If the person qualifies, they may request a waiver under INA §237(a)(1)(H) to avoid deportation.
Example 2:
A person received a green card through marriage to a U.S. citizen, but the marriage legally ended before the immigration interview without the applicant realizing it. Later, the government claims that the person committed marriage fraud and starts removal proceedings. If eligibility requirements are met, the person may request a fraud waiver to remain in the United States.
Each case is different, and eligibility depends on specific facts and legal requirements.
This waiver may be available to lawful permanent residents who are considered removable because they were inadmissible at the time they entered the United States due to fraud or misrepresentation.
To qualify, you generally must meet the following requirements:
You have a qualifying relative who is a U.S. citizen or lawful permanent resident, such as a spouse, parent, son, or daughter
You entered the United States with an immigrant visa or similar lawful documentation
Aside from the fraud or misrepresentation that caused the removal proceedings, you would otherwise be admissible to the United States
In certain cases involving self-petitioners under the Violence Against Women Act (VAWA), the requirement for a qualifying relative may be waived.
Because these cases involve detailed legal analysis, it is important to have an experienced immigration attorney review your situation.
A waiver under INA §237(a)(1)(H) is typically requested while a person is in removal proceedings before an immigration judge.
There is no separate application form required in many cases, but the request must be properly presented to the immigration court handling the case.
You should be prepared to provide:
evidence showing that you meet the legal requirements
documents proving your relationship to a qualifying relative
records demonstrating good moral character
additional evidence showing positive factors in your case
Immigration judges consider both positive and negative factors when deciding whether to grant the waiver.
At Behar International Counsel APC, we help clients prepare the necessary evidence and present strong arguments in immigration court.
If the fraud waiver is granted, the government forgives the misrepresentation that made you removable.
The approval eliminates the ground of deportability based on fraud and may also cover related issues connected to the original mistake.
When the waiver is approved:
removal proceedings are terminated
lawful permanent resident status may be restored retroactively
you may become eligible for future immigration benefits, including U.S. citizenship, if all other requirements are met
Because the waiver is discretionary, approval is not automatic.
The judge will evaluate the total circumstances of the case, including family ties, length of residence, hardship, and overall character.
Immigration law can be complicated, especially when removal proceedings involve allegations of fraud or misrepresentation. Understanding whether you qualify for a waiver under INA §237(a)(1)(H) requires careful legal analysis and strong documentation.
The legal team at Behar International Counsel APC has extensive experience representing clients in deportation defense and waiver cases. We review each case individually, explain available options, and advocate for our clients in immigration court.
If you are facing removal proceedings or believe you may qualify for a fraud waiver, contact Behar International Counsel APC to schedule a confidential consultation and discuss your legal options.
