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.