Visa fraud in the United States , procured , or willfully benefits or admission ( such as other name, or lying about marital status ) who were misrepresenting a material fact, an alien under section 212 , is inadmissible ( a ) ( 6 ) ( C ) of the Immigration and Nationality Act ( INA ) of the ( non ) .
But such an alien ‘s inadmissibility or removal ( deportation ) if there is a disclaimer :
( 1 ) the alien spouse or son or daughter of a U.S. citizen or lawful permanent residents , and
( 2 ) the alien makes an extreme hardship to an alien ‘s citizen or legally resident spouse or parent would do that ( removal / deportation proceedings ) in the Attorney General ( Homeland Security Department ) or the Immigration Judge ‘s satisfaction can be established .
Terms INA section 212 of such alien to remain in the United States and his / her lawful permanent residence , to keep or to lawful permanent resident status can change that ( I ) is called a waiver .
This disclaimer under section 204 self- petitioner ( ( a) ( 1 ) ( A ) ( iii ) or ( iv ) , or section 204 ( a ) ( has been classified as a battered wife or battered children , available from 1 ) ( B ) ( ii ) or ( iii ) of INA ) , an alien himself or herself , or the alien ‘s U.S. citizen or lawful permanent resident or a qualified parent or child can demonstrate extreme hardship .
Factors for the extreme hardship waiver :
Board of Immigration Appeals (BIA) as follows , Cervantes , 22 I & N Dec. 560 (BIA 1999) of the subject , to the U.S. citizen or lawful permanent resident of the factors to consider in determining extreme hardship impressed :
1 . Qualifying relative ‘s family ties to the United States ;
2 . Qualifying relative ‘s family ties outside the United States ;
3 . Conditions in the alien ‘s home country ;
4 . The alien ‘s home country ties qualifying relative ;
5 . Qualifying relative financial impact of the alien ‘s departure from the United States ;
6 . It also affects the financial ability to support qualifying relative as relative or even alien qualifying health conditions ;
7 . Adequate medical facilities in the alien ‘s home country or move unavailability.
And Section 212 (i) waiver application ( Form I – 601 , $ 195 filing fee ) removal or deportation proceedings are filed with the Immigration Judge , the removal process is started only after the marriage to a U.S. citizen or lawful permanent resident , if considered .
A central purpose of such a waiver is to promote family unification .
Waiver under INA section 237 ( a) ( 1 ) ( H ) :
INA ( apart from section 212 ( i ) ) is also due to visa or other fraudulent procurement INA section 212 ( a ) ( 6 ) C ) ( i ) to approve the waiver of the removal of any alien who is inadmissible under other sections of this documentation , the Attorney General ( Homeland Security Department ) or ( removing ) the Immigration Judge ‘s discretion if the alien :
1 . Spouse , parent , or son or daughter of a U.S. citizen or a lawful permanent resident , and
2 . Possession of an immigrant visa or equivalent document and was otherwise admissible in the INA Sections 212 ( a ) ( 5 ) ( a) and ( b ) ( 7 ) ( a ) , as a direct result of fraud or misrepresentation .
This disclaimer wound or a U.S. citizen spouse ( INA section 204 ( a) ( 1 ) ( A ) ( iii ) or ( iv ) , or by a lawful permanent resident spouse ( extreme cruelty by a spouse or child of the victim was found near INA section 204 ( a) ( 1 ) ( B ) ( ii ) or ( e ) ) , and the self- petition for a worthy ( Form I – 130 ) .
This subparagraph ( INA section 237 ( a) ( 1 ) ( H ) ) under the grant of a waiver of removal for fraud or misrepresentation on the grounds of inadmissibility based on also admitted to abandon work on removing ” : more specifically , the right to this kind of fraud in the disclaimer section or as a result of misrepresentation . ”
So , this disclaimer ( INA section 237 ( a) ( 1 ) ( H ) ) INA section ( 212 ) ( i ) waiver seems more inclusive .
INA Section 237 ( a) ( 1 ) ( H ) Waiver of the entity to be considered :
It ins , 8F.3d 700 (9 th Cir per Casem V. ” in the current social and humanitarian considerations , an alien ‘s undesirability as a permanent resident with a valid equation ” exercise of discretion in not considering all of the equities reversible error . , 1993 ) , and Tijam , International of the Matter . # 3372 (BIA 1998) above .
Disclaimers section does not specify such entity , although considered favorable factors ( entity ) Some are:
1 . The alien ‘s family ties to the United States ,
2 . The length of the alien ‘s residence in the United States ;
3 . Trouble alien and / or removal / deportation cases family ;
4 . The alien ‘s employment history ;
5 . Property or business ties ;
6 . Alien quality of service and the American people , and
7 . The alien ‘s good moral character.
Waiver of the application may be considered in the judgment that is adverse or negative factors :
1 . Nature and underlying circumstances of fraud or misrepresentation ;
2 . Nature and Modernity alien ‘s criminal arrest ( s ) / conviction ( s ) , and
3 . As a lawful permanent resident alien of bad moral character or undesirability .
In the final analysis , the marriage , or a U.S. citizen or lawful permanent resident of inadmissibility due to fraud or misrepresentation and / or removal / deportation, a waiver may be , in relation to the family .
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