Immigration Fraud Waivers: How To Solve the Biggest Problems

By: Harlan York
April 18, 2014

“There are no facts in Jamaica”- Chris Blackwell  founder of Island Records, inducted into Rock and Roll Hall of Fame, 2001

If there are no facts, how does one go about dealing with Immigration Fraud Waivers?

Well, Chris Blackwell was chiefly responsible for bringing the music of Bob Marley to American ears.

The Bob Marley album ‘Exodus’ was chosen by Time Magazine as the greatest album of the 20th century.

So we are in good company, to say the least.

Whether we are talking about Jamaica or the Dominican Republic, Russia or India, Immigration Fraud Waivers are very commonly needed to apply for a green card.

Immigration Fraud Waivers are often based on misrepresentation.

The relevant section of the Immigration and Nationality Act is INA §212(i).

But the reality is that fraud and misrepresentation are part of life in so many poor nations, not by intent, but due to poor record keeping

For example, in my career, I have often noted that passports issued in countries such as Afghanistan reflect a birthdate of January 1, largely due to crude organization of documents

Filed on Form I-601, Immigration Fraud Waivers require a showing of extreme hardship to United States Citizen or Green Card Holder spouses or parents of the applicant. The fee is $585.

The biggest problems encountered in filing Immigration Fraud Waivers are:

  • Sloppy preparation of Immigration Fraud Waivers
  • No medical evidence included in Immigration Fraud Waivers
  • No presentation of country conditions in Immigration Fraud Waivers
  • Failing to understand that in order to demonstrate extreme hardship, Immigration Fraud Waivers should be presented as related to the qualifying relative being left without the applicant, AND if he was forced to leave the US with the applicant.

Time and time again, the mistakes can be avoided by the careful representation of the Immigration Fraud Waivers by a top team of experienced lawyers who exclusively practice immigration law with care for their clients’ lives.

About Harlan York

The first-ever attorney in New Jersey to win “Immigration Lawyer of the Year” from Best Lawyers, Harlan York is former immigration chair of the NJ State Bar Association and former co-chair for the NY State Bar Association CFLS Committee on Immigration. He currently serves on the American Immigration Lawyers Association (AILA) National Practice Management Committee.

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Harlan York & Associates practices law in the areas of Immigration, Deportation Defense, Family Immigration, Corporate Immigration, Naturalization throughout Essex County – Hudson County – Morris County – Passaic County – Somerset County – Middlesex County – Bergen County – New Jersey -Immigration Lawyer – NJ Immigration Lawyer – Jersey City-Newark-Paterson Passaic Elizabeth Edison Woodbridge Toms River Hamilton Trenton Camden Clifton Passaic Garfield Wallington Cherry Hill East Orange Passaic Union City Bayonne Irvington Old Bridge Lakewood North Bergen Vineland Union Wayne Parsippany-Troy Hills New Brunswick Plainfield Bloomfield Perth Amboy East Brunswick West New York West Orange Hackensack Atlantic City Kearny Mount Laurel Montclair Essex Hoboken North Brunswick Belleville. In addition to serving clients in New York, Pennsylvania, the greater United States, and Internationally.

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