April 11, 2025

Fraud and Willful Misrepresentation Waivers – Form I-601

A finding of inadmissibility due to fraud or willful misrepresentation can be a significant barrier for individuals seeking to enter the United States or secure immigration benefits. Fortunately, a waiver under INA 212(i) may provide a pathway to overcome these challenges. These waivers serve as a lifeline for eligible applicants by addressing past missteps and balancing humanitarian considerations with family unity.

Understanding Fraud and Misrepresentation Waivers

A waiver for inadmissibility aims to:

• Reunite families and provide humanitarian relief.
• Assess whether the applicant deserves approval based on positive factors outweighing negative ones.
• Allow applicants to address inadmissibility grounds and move forward with their immigration process.

Eligibility depends on the type of immigration benefit sought. Applicants pursuing family-based or employment-based petitions, VAWA self-petitions, or nonimmigrant K and V visas (e.g., fiancé(e)s, spouses, or children of U.S. citizens and lawful permanent residents) may qualify.

Requirements for a Waiver

To qualify, applicants must meet two critical conditions:

1. Extreme Hardship: They must demonstrate that denial would cause extreme hardship to a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse or parent. VAWA self-petitioners can also show hardship to themselves.
2. Positive Discretion: The applicant must prove that their positive contributions—such as family ties, rehabilitation, or community involvement—outweigh the negative impact of the misrepresentation.

Difference Between Fraud and Willful Misrepresentation

Both fraud and willful misrepresentation involve presenting false information to gain immigration benefits, but they differ in key ways:

• Willful Misrepresentation: Occurs when someone knowingly provides false information.
• Fraud: Requires intent to deceive and evidence that the misrepresentation influenced a U.S. government official to grant the benefit.

Waiver Denial

A waiver application may be denied if the applicant fails to demonstrate extreme hardship or their actions are deemed too severe to warrant approval. In some cases, even when hardship is proven, past behavior can lead to a discretionary denial.

The waiver process is complex and requires clear evidence and careful advocacy. Each case is unique, with outcomes depending on the specific circumstances surrounding the applicant’s actions and the hardships they present.

With over 26 years of experience in immigration law, attorney Diana Bailey specializes in guiding clients through these challenging situations. Her personalized approach ensures that clients have the best chance of achieving a favorable outcome. Contact Attorney Diana Bailey today at (503) 224-0950 to schedule a free consultation and take the first step toward resolving your immigration challenges.