An alien who, by fraud or willfully misrepresenting a material fact, seeks to procure or has sought to procure or has procured a visa, other documentation or entry into the US or other benefit provided under the Act is inadmissible.
Kungys v. U.S. is a Supreme Court case that deals with the issue of materiality of the misrepresented fact and the Court developed a four-part test:
1) the applicant must have misrepresented or concealed a fact;
2) the misrepresentation or concealment must have been willful;
3) the fact must have been material; and
4) the applicant must have procured the benefit.
An alien's silence or failure to volunteer information does not in itself constitute a misrepresentation. 9 FAM 40.63 N.4.2.
INA § 212(i) provides a waiver of inadmissibility for aliens who have committed fraud in order to obtain a green card or visa if the alien is the spouse, son or daughter of a US citizen or permanent resident. The US citizen or permanent resident must prove to the US government that refusing the alien admission into the US would result in extreme hardship to the US citizen or permanent resident relative.
Nelson & Nuñez, P.C. has vast experience in preparing Fraud Waivers. Our understanding of immigration law is second to none, and we pride ourselves on our dedication to staying current on all new immigration laws, rules and cases. We can meet with you to discuss your case and whether your case is suitable fora fraud waiver. We will not accept a fraud waiver case unless we believe you have a legitimate chance to receive the waiver.
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