Waivers for Misrepresentation
While it is common to enter the United States with falsified papers or documents, any undocumented alien who wants to remain in this country with any hope of eventually qualifying for a green card and U.S. citizenship, must clean up one’s immigration record by filing for a 212(i) waiver. Certain grounds of inadmissibility can be waived under certain circumstances and this waiver removes an impediment to obtaining a visa or status.
The waiver is essential for immigrants who want to avoid being charged with entering the country illegally because that misrepresentation can been seen as fraud. One of the main purposes of this waiver is to provide for the unification of families, as such the waiver for fraudulent or material misrepresentation is available only to a person who is a spouse or son or daughter of a United States Citizen (USC) or Lawful Permanent Resident (LPR). Please note that the waiver can only be used if you can establish extreme hardship to the USC/LPR spouse or parent. The waiver is also available to a battered spouse/child who has been granted status as a self-petitioner if s/he demonstrates extreme hardship to herself or her USC/LPR parent or child.
Filing for waivers is a process that should only be taken with legal counsel because it involves much more than paying the initial $255 fee for filing. A lawyer can advise you of the documents necessary, including statements called affidavits that you must obtain from spouses, friends, business acquaintances, and clergy. The affidavits are crucial to building an authentic paper trail that demonstrates you are of sound moral character and ability.
In addition, you will also need to submit a written evaluation by a professional social worker, a written medical evaluation by a licensed physician, and documents that attest to your clean criminal record.
In doing these things, you will be trying to demonstrate, that deportation would cause you “extreme hardship.”
Some factors you will want to include in building this profile of your self are: the age you were when you entered the United States and the age you are at the time of filing; your marital and familial status, the financial and psychological impact your deportation would have on spouse and children. Also, the Immigration Service will take into consideration the country conditions in the country of relocation, the ties the USC/LPR has to the country, and the health conditions, particularly when tied to unavailability of suitable medical care in the country of relocation. Your employment record with proof you have paid income taxes while you have been in this country. This is important.
You need legal representation because attorneys work with these kinds of documents and requirements every day. They can advise you on the elements you’ll need to make your strongest case. They’ll also be able to catch and correct potential inconsistencies, typographical errors, or misstatements of fact.
Obtaining a waiver is crucial for averting criminal prosecution and conviction for misrepresentation and subsequent deportation. While there are no guarantees that your application for a waiver will be approved, but with professional legal help, your application will be thorough and well documented.