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what is misrepresentation and how does it affect your green card | godoy law office immigration lawyers

What Is Misrepresentation – And How Does It Affect Your Green Card?

If a foreigner is guilty of fraud or willful giving misleading, false or incorrect facts to a U.S. government official in order to receive an immigration benefit, that is known as “misrepresentation” under the Immigration and Nationality Act (INA). If U.S. Citizenship and Immigration Services (USCIS) determines that someone is guilty of “willful misrepresentation,” they are inadmissible to the United States and do not qualify for a green card or other immigration benefits. In certain situations you may be able to seek a waiver for the misrepresentation. For example, someone who commits marital fraud or misrepresents his or her eligibility for lawful entry into the U.S. may be found to be guilty of willful misrepresentation and subject to deportation based on that misrepresentation. In addition, someone’s naturalization could be revoked in civil proceedings for having “illegally procured” citizenship or by “concealment of a material fact or by willful misrepresentation.”

How To Be Cleared of Willful Misrepresentation So You Can Get a Green Card

A person who is found to be guilty of willful misrepresentation is barred from admission to the United States for the rest of his or her life unless the person qualifies for and is granted a waiver of inadmissibility.

How To Apply For A Waiver of Inadmissibility 

A waiver of inadmissibility is when you formally request that USCIS forgive the reasons you were declared inadmissible and allow you to legally enter the United States.. You file for the waiver using USCIS form I-601. 

  • You can print out form I-601 and type or print your answers in black ink.
  • Answer every question where a space is provided. You can answer with “N/A” or “None.”
  • You must provide supporting evidence and details when you submit the waiver application.
  • You can file the waiver form in the mail.

The Waiver of Inadmissibility applications process will normally take 8 months to 35 months but is longer now due to the immigration processing backlogs.

Have You Been Found Guilty of Immigration Misrepresentation?

It’s a smart idea to work with an immigration lawyer to submit your Waiver of Inadmissibility. U.S. immigration law is hugely complicated, full of exceptions, changes frequently and has many confusing requirements. If you have been found guilty of immigration fraud or willful misrepresentation, it is important that you speak to an immigration attorney right away. A skilled immigration attorney can help you understand U.S. citizenship and immigration laws and how they apply to your particular situation. An experienced immigration lawyer at the Godoy Law Office can assess your situation and advise you on your best options.

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