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Matter of Forjoe and Section 237 (a) (1)(H) Waiver Update

In a recent decision, in the Matter of Forjoe, the Board of Immigration Appeals (the BIA) restricts the availability of the 237 (h) waiver to fraud or misrepresentation committed at the time of entry. Generally, many applicants use this waiver to resolve past marriage fraud or misrepresentation problems in their Adjustment of Status applications.

This is decision is significant because it suggests that this waiver may be limited or no longer available for fraud committed during the Adjustment of Status process. Adjustment of Status is the form I-485 permanent residency or green card application filed within the US.

Background: In the Matter of Forjoe case, during Mr. Forjoe’s citizenship process, the USCIS discovered that he had previously failed to disclose his 2 children born outside of his marriage with his petitioning US citizen spouse.

As a result, the USCIS believed that he had a fake marriage for green card purposes and that was the reason he failed to disclose his children from outside of his marriage. They referred him to removal proceedings alleging misrepresentation in his Adjustment of Status petition and Mr. Forjoe applied for a section 237 waiver.

The immigration judge denied his 237 (a) (I)(H) waiver in immigration court and Mr. Forjoe then appealed this denial to the BIA.

The Board of Immigration Appeals decided:

The phrase “at the time of admission” in section 237(a)(1)(H) of the INA, 8 U.S.C. § ‍1227(a)(1)(H) (2024), refers to an alien’s lawful entry into the United States after inspection and authorization by an immigration officer and thus fraud and misrepresentations occurring at the time of adjustment of status cannot be waived under this provision. Matter of Agour, 26 I&N Dec. 566 (BIA 2015), overruled.

This means that it is harder for many applicants to waive marriage fraud or misrepresentation committed in their Adjustment of Status applications using this waiver. At our law office, we shall continue to monitor this matter and any updates.

To Reduce Complications, Get Legal Help Early

To reduce complications, applicants with potential marriage fraud problems, or who have lied or omitted information in their immigration applications, should work with an experienced immigration attorney before filing any future applications. This includes information provided in consular visa application forms DS-160 and DS- 260, and Adjustment of Status petitions.

Many people forget the ‘half-truths’ that they may have told to get a US visa until it re-surfaces as a problem at their green card interview many years later. Generally, this is also a reminder that it is safer to avoid lying in immigration applications.

Thank you for reading this article. For questions about your immigration matter or for immigration assistance, please call our immigration lawyer, Attorney Doreen Emenike: www.emenikelaw.com and select “Book Appointment”.