By Atty. Chris Caday Lozano
Sometimes, for lack of guidance from an experienced immigration attorney, applicants for immigration benefits, including those seeking K-1 or K-2 visas, makes a fraudulent action or willful misrepresentation. In these cases, the applicants are required to file Form I-601 or Application for Waiver of Ground of Inadmissibility.
Q: What grounds of inadmissibility may be covered by a waiver?
A: The following grounds of inadmissibility under the Immigration and Naturalization Act (INA) are as follows: health-related grounds, criminal and related grounds, immigrant membership in a totalitarian party, misrepresentation in immigration matters, smugglers, subject to civil penalty, and unlawful presence in the U.S. for at least 180 days, beginning on or after April 1, 1997, followed by departure from the U.S.
Q: How long is the validity of the waiver?
A: If the waiver is granted, then, except for K-1 and K-2 nonimmigrant’s and conditional permanent residents, the grant permanently waives fraud or willful misrepresentation included in the application for purposes of any future immigration benefits application, whether immigrant or nonimmigrant. The waiver remains valid even if the person later abandons or otherwise loses LPR status.
Q: If you are a conditional permanent resident, is the waiver also permanent in nature?
A: For conditional permanent residents, the waiver only becomes valid indefinitely if and when the conditions are removed from his or her permanent resident status. Conversely, termination of the conditional permanent resident status also terminates the validity of the waiver.
Q: Does the waiver cover all grounds of inadmissibility?
A: A waiver applies only to the specific grounds of inadmissibility and related crimes, events or incidents specified in the waiver application. If, in the future, the applicant is found inadmissible for a separate incident of fraud or willful misrepresentation not already included in an approved waiver application, he or she will be required to file another waiver application. USCIS may reconsider an approval of a waiver at any time if it is determined that the decision has been made in error.
Q: Are there conditions for the grant of a Waiver to K-1 or K-2 nonimmigrant visa applicants?
A: If the applicant seeks a waiver to obtain a fiancé (e) visa (K-1 or K-2), the waiver’s approval is conditioned upon the K-1 nonimmigrant marrying the U.S. citizen who filed the fiancé (e) petition. The waiver becomes permanent once the K-1 marries the petitioner.
Q: What happens to the waiver if the K-1 nonimmigrant does not marry the petitioner?
A: In general, if the K-1 nonimmigrant does not marry the petitioner, the K-1 and K-2 (if applicable) will remain inadmissible for purposes of any application for a benefit on any basis other than the proposed marriage between the K-1 and the K nonimmigrant visa petitioner.
Q: What happens if at the time of entry, the immigration officer declares the visa holder inadmissible based on documentary requirements?
A: If an applicant procured an immigration benefit by fraud or willful misrepresentation, the applicant may also be inadmissible for lack of documentary requirements at the time of entry. When an applicant is granted a waiver for fraud or willful misrepresentation, inadmissibility based on lack of documentary requirements at the time of entry is also implicitly waived.
Q: Can you give an example of the above?
A: For example, an applicant misrepresents a material fact during the overseas nonimmigrant visa application process. The Department of State, however, grants her a visa. Later, she applies for adjustment of status. During her adjustment interview, an officer discovers her misrepresentation and finds her inadmissible for both willful misrepresentation and failure to comply with documentary requirements. The applicant then applies for a waiver of inadmissibility for willful misrepresentation. Approval of the waiver has the effect of waiving inadmissibility for willful misrepresentation and for the lack of a valid visa at the time of entry.
Note: This is not a legal advice. You should consult with an immigration attorney about the specifics of your case.
- For the month of May 2020, we received approvals from USCIS for two green card renewals.
- For the month of April 2020. we received approval of one adjustment of status, three removal of condition on residence and one renewal of green card.
- For the month of March 2020, we received six Adjustment of Status and three Naturalization approvals from USCIS.
- For the month of February 2020, we received approvals from USCIS of five Adjustment of Status application andthree Naturalization application.
- For the month of January 2020, we received approvals from USCIS of five Adjustment of status applications,three N-400 applications for naturalization and three fiancé visa application.
- For the month of December 2019, we received four approvals of naturalization applications, five approvals of Adjustment of Status applications, two approvals of Petition to remove condition on residence, one renewal of green card approval and one green card application at the U.S. Embassy.
- For the month of November 2019, we received approvals of one naturalization application, one renewal of green card, one Petition to remove condition on residence and one adjustment of status.
- For the month of October 2019, we received five naturalization application approvals and two renewal of green card and one DACA approval.
- For the month of September 2019, we received approval of two naturalization applications, one adjustment of status and one application to remove condition on residence.
- For the month of August, 2019, we received approval from Immigration Court for a waiver of misrepresentation for a client who has committed marriage fraud. We also received approval from USCIS of two naturalization applications and two fiancé visa petition.
- For the month of July 2019, we received approvals of three N-400 application for Naturalization, one I-751 Petition to remove condition of residence with interview and two I-90 renewal of green card.
- For June 2019, we received approvals of four adjustment of status, six naturalization applications and two certificate of citizenship applications, and one Removal of condition on resident.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and personal injury law since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net