Waivers of Removal

Removal may be waived for immigrants who were inadmissible at time of entry because of fraud or misrepresentation (willful or innocent) in the procurement of a visa. INA §237(a)(1)(H), 8 USC §1227(a)(1)(H).

Favorable Factors:

  • Family ties in U.S.;
  • Long residency in U.S. (especially if started when young);
  • Proof of hardship to self or family if deported;
  • Stable employment history;
  • Business or Property ties;
  • Values community member;
  • Good character

Adverse Factors:

  • Nature of fraud and misrepresentation;
  • Nature of criminal record;
  • Bad character.