Fraud Waiver Under INA Section 237(a)(1)(H)

Sometimes called a waiver of deportability or waiver of removal, you can think of the 237(a)(1)(H) waiver as a “humanitarian” waiver. This waiver allows families to remain together in the face of fraud committed during the immigration process. Both intentional and unintentional fraud can be forgiven if this waiver is approved.

You will learn more about the conditions for eligibility to file this waiver in the following section. For now, here are two examples to illustrate the use of this waiver for intentional and unintentional fraud:

• Olivia knowingly immigrated as an unmarried child of an LPR despite being married at the time. When she applies for U.S. citizenship, the United States Citizenship and Immigration Services (USCIS) learns about it. The USCIS places her in removal proceedings because being “inadmissible at the time of admission” is a deportable offense. However, Olivia can defend herself against deportation by applying for a 237(a)(1)(H) waiver.
• James immigrated based on his marriage to Mary, a U.S. citizen. Unbeknownst to him, Mary filed for a divorce that took effect before his adjustment interview. When James applies for U.S. citizenship, the USCIS rules that he participated in marriage fraud and places him in removal proceedings. Assuming that he meets the requirements for eligibility, he can file a 237(a)(1)(H) waiver to defend against deportation.

Can I Acquire a Fraud Waiver Under INA 237(a)(1)(H)?

INA § 237(a)(1)(H) is a section of code providing a waiver for people who would be deportable even though they’re lawful permanent residents. You can acquire a fraud waiver under INA 237(a)(1)(H) if you meet these three main requirements:

• You must have a qualifying relative. A sufficient qualifying relative is a parent, daughter, son, or spouse who is a U.S. citizen or lawful permanent resident.
• You must have arrived in the U.S. with an immigrant visa or similar document.
• Aside from the instance of fraud that led to the current removal proceedings, you must be otherwise admissible to the U.S.

Alternatively, suppose you are a battered spouse filing as a self-petitioner under the Violence Against Women Act (VAWA). In that case, you do not need to fulfill the requirement for a qualifying relative.

How Can I Acquire a Fraud Waiver Under INA 237(a)(1)(H)?

You can only acquire a fraud waiver under INA 237(a)(1)(H) if you are currently in the middle of removal proceedings. Besides this condition, there are no other forms or fees required to apply for a 237(a)(1)(H) waiver.

To acquire a fraud waiver, you must speak to the immigration judge handling your removal proceedings about your intention to apply for a 237(a)(1)(H) waiver. You must be prepared to submit:

• Evidence that you are eligible to apply for the 237(a)(1)(H) waiver
• Additional evidence of your good character can increase the chances of the judge ruling in your favor (i.e., the “equities” outweigh the “adverse factors”)

What Happens If My Fraud Waiver Under INA 237(a)(1)(H) Is Approved?

Upon approval, the waiver removes the grounds of inadmissibility created by your fraud or misrepresentation. However, it also waives any further fraud or misrepresentation that directly resulted from the original issue, which will prevent USCIS from pursuing removal on those grounds.

As a result, your removal proceedings will be halted, and you can regain your LPR status (effective retroactively, dating from the date of admission). It is especially helpful that the waiver is granted retroactively, as that allows many people to therefore immediately be granted U.S. citizenship.

Keep in mind that the 237(a)(1)(H) waiver is approved based on the discretion of a judge, which means that filing a waiver is not a guarantee that it will be approved. The judge will weigh your case’s positive and negative factors to determine whether your waiver will be approved.

Next Steps

U.S. immigration laws can be intimidating, especially when you’re at risk of deportation. When faced with a phrase like “waivers under INA § 237(a)(1)(H),” you might feel as though you’re truly in over your head, unable to keep up with the paperwork you need to accomplish.
Please don’t hesitate to reach out to the immigration lawyers at Reeves Immigration Law Group in situations like these. With over 40 years of experience handling immigration cases, we can help you find the best solution for your situation.