Waiver for US entry Any alien who was procured a visa, benefit or admission into the United States by fraud or willfully misrepresenting a material fact (such as using another name or lying about marital status) is inadmissible, under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA) @twitter.
But there is a waiver of inadmissibility or removal (deportation) of such an alien:
(1) the alien is the spouse or son or daughter of a U.S. citizen or lawful permanent resident, and
(2) the alien can establish to the satisfaction of the Attorney General (Department of Homeland Security) or the Immigration Judge (in removal/deportation proceedings) that extreme hardship would result to the citizen or lawfully resident spouse or parent of such an alien.
Such waiver is called INA section 212(i) waiver that allows the alien to remain in the United States and keep his/her lawful permanent residence, or adjust to lawful permanent resident status.
This waiver is also available to a battered spouse or battered child, who has been granted classification as self-petitioner (under section 204(a)(1)(A)(iii) or (iv), or section 204(a)(1)(B)(ii) or (iii) of INA), if the alien can demonstrate extreme hardship to himself or herself,or to the alien’s U.S. citizen or lawful permanent resident or qualified parent or child.
Extreme Hardship Factors For Waiver:
The Board of Immigration Appeals (BIA) delineated the factors to be considered in determining extreme hardship to the U.S. citizen or lawful permanent resident.Some of the favorable factors (equities) to be considered, although the waiver section does not specify such equities, are:
1. family ties of the alien in the United States,
2. length of residence of the alien in the United States;
3. hardship to the alien and/or the family in case of removal/deportation;
4. alien’s employment history;
5. property or business ties;
6. service and value of the alien to the American community; and
7. alien’s good moral character.
if the section 212(i) waiver application (Form I-601, $195 filing fee) is filed with the Immigration Judge in removal or deportation proceedings, marriage to a U.S. citizen or lawful permanent resident only after removal proceedings have begun, would be considered.