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How To Qualify for a 212(i) Immigration Waiver
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How To Qualify for a 212(i) Immigration Waiver
A 212(i) waiver allows certain immigrants who have committed fraud or misrepresentation to still qualify for a green card or other immigration benefit. This waiver forgives the fraud or misrepresentation if it is proven that refusing the immigrant’s admission to the U.S. would result in extreme hardship to their U.S. citizen or lawful permanent resident spouse, parent, son, or daughter.
Who Qualifies for a 212(i) Waiver
To qualify for a 212(i) waiver, the immigrant must:
- Have a spouse, parent, son or daughter who is a U.S. citizen or lawful permanent resident
- Be able to prove that refusing their admission to the U.S. would result in extreme hardship to that qualifying relative
- Have committed only a single offense of fraud or misrepresentation to obtain an immigration benefit
The fraud or misrepresentation must have been made to a U.S. government official who had the authority to grant immigration benefits, such as a consular officer, USCIS officer, or immigration judge. Common examples include[1]:
- Lying on a visa application
- Using fake documents to try to enter the U.S.
- Marrying solely to obtain immigration status
Proving Extreme Hardship
To qualify for this waiver, the immigrant must prove that their qualifying relative would suffer extreme hardship if the immigrant is refused admission. Extreme hardship is determined case-by-case, but USCIS provides guidance on factors that may contribute to extreme hardship[2].
These factors can include[3]:
- Health problems that require the immigrant’s presence in the U.S.
- Financial hardship due to loss of household income or medical expenses
- Harm to the qualifying relative’s education, career, or business interests
- Psychological harm due to family separation
Documentary evidence like medical records, financial statements, and affidavits from employers or mental health professionals can help prove these hardships.
Filing the 212(i) Waiver
The 212(i) waiver is filed on Form I-601, Application for Waiver of Grounds of Inadmissibility. This form is filed with:
- The USCIS service center, if applying for adjustment of status in the U.S. [4]
- The National Visa Center (NVC), if applying for an immigrant visa at the U.S. consulate[5]
The waiver application must include[6]:
- Form I-601 filing fee
- A signed statement explaining the fraud or misrepresentation
- Proof of the qualifying relationship (birth/marriage certificates, etc.)
- Evidence to demonstrate extreme hardship if waiver is denied
Since USCIS and consular officers have broad discretion in granting 212(i) waivers, it is strongly recommended to consult with an experienced immigration attorney when applying[7]. The attorney can help compile a persuasive waiver application that convinces the officer to approve the waiver despite the fraud.
After Approval
If the 212(i) waiver is approved, the next steps depend on the applicant’s situation:
- Adjustment applicants can then complete the green card application process.
- Immigrant visa applicants can then attend their consular interview and receive their visa.
However, even after waiver approval, there is no guarantee the green card or visa will be granted. The applicant must still meet all other eligibility criteria.
It is also important to note that unlike some waivers, a 212(i) waiver can only be used once in an applicant’s lifetime. If an immigrant later commits fraud again, they cannot obtain another 212(i) waiver[8].
Conclusion
While overcoming fraud or misrepresentation is difficult, the 212(i) waiver provides immigrants a second chance if their denial would harm their close relatives. With strong documentary evidence of qualifying relationships and extreme hardships, as well as legal guidance, immigrants have an opportunity to still fulfill their dreams of living in the United States.