With a 237 (a)(1)(H) waiver you can keep your green card if you are in removal proceedings under the INA 237 paragraph because of marriage fraud or misrepresentation.
Who Needs An INA 237(a)(1)(H)Waiver for Fraud?
You may need an INA 237 fraud waiver if the Department of Homeland Security (DHS) decides that you committed marriage fraud, or “omitted” certain important information at your green card interview.
Also, this fraud waiver can help if you entered the US as an “unmarried child” of a permanent resident, but in reality, you were already married. In some cases, a conditional lawful permanent resident can use this waiver too. Some citizenship applicants are put into removal proceedings because of a past misrepresentation in their green card application.
What Does The INA 237 (a)(1)(H) Waiver Do?
With an approved INA 237 (a)(1)(H) waiver, an immigration judge can forgive your past fraud or misrepresentation and stop your deportation proceedings. With this waiver you can keep your green card dating back to the time you first received it.
In addition, a 237 fraud waiver can be useful for cancellation of removal or naturalization applications where you need to have had a green card for a specific number of years.
Who Qualifies For the INA 237(a)(1)(H) Waiver?
You must qualify for a INA 237 (a)(1)(H) waiver before an immigration judge will allow you to apply for it. To qualify, you must meet the following requirements:
- You are the spouse, parent, or son or daughter of a US. citizen or legal permanent resident*
- Have or have had an immigrant visa or equivalent document
- Otherwise be admissible at the time of admission to the U.S.
*A self-petitioner under the Violence Against Women Act (VAWA) does not need to have a qualifying relative to apply for this waiver. If you are accused of marriage fraud, your spouse from the fake or sham marriage cannot be your qualifying relative.
Finally, the 237 fraud waiver is a discretionary waiver. This means that it is the judge’s choice to grant or deny the waiver even if you meet all the requirements.
How To Apply For The 237 Fraud Waiver
You would apply for the 237 fraud waiver in removal proceedings. At the time of publication, there is no fee or form for this 237(a)(1)(H) waiver. In removal proceedings we tell the immigration judge that our client wants to file for this waiver. We also submit documents to show that they meet the requirements. In addition, we also include positive reasons why the Immigration Judge should forgive the fraud.
Ask Your Lawyer
If you are trying to decide how to move forward with your waiver or whether you need one, please remember to consult your immigration lawyer. Your lawyer is a good starting point for preventing immigration problems.
Finally, if you have any questions, our immigration law office is willing to help you reach your best immigration solution.
To learn more about this immigration matter or to schedule an appointment with our immigration lawyer, Doreen Emenike, please call us at (626-256-8500.