Immigration Fraud Waivers: How To Solve The Biggest Problems

 “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.

Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS. He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers.

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