A very difficult fraud waiver victory

Whenever a person commits fraud in obtaining an immigration benefit (such as entering the US under a different name, using bogus documents, applying for benefits to which they are not entitled, etc.), the person is typically required to file a Form I–601, waiver of inadmissibility, or fraud waiver. To be eligible to apply for a fraud waiver, the person must demonstrate he or she has a US citizen or green card holder spouse or parent (called “qualifying relatives”), and the qualifying relative(s) would suffer “extreme hardship” if the fraud waiver is not granted or approved.

Immigration cases and memos describe the various factors which could demonstrate extreme hardship. Among the strongest factors are the mental and physical condition of the qualifying relative. The more depressed or sickly the qualifying relative is, the stronger the case.

Recently, my office had a very challenging fraud waiver case. Years ago, a Filipina entered the US as a visitor under a different name. She later married a US citizen, who wanted to petition her, but because she entered under a different name, she would need to file a fraud waiver. However, the husband was a very wealthy, successful, healthy, emotionally stable psychologist, and therefore, most of the traditional hardship factors would not apply to him.

A qualifying relative typically goes to a clinical psychologist for evaluation, to confirm or evaluate their mental condition and extreme hardship. In this case, the husband who was a psychologist, diagnosed himself, and concluded he was not suffering from any severe or clinical psychological ailments. He pointed out that he was not going to go to a colleague or competitor seeking evaluation or treatment. Moreover, it would seem ironic that a psychologist, whose job it is to treat people for these conditions, was not able to treat himself? That would be like an immigration lawyer with visa problems: shouldn’t they know how to solve it themselves?

Our office was still able to gather information about his life, background and present circumstances, and we were able to develop a case where there were other aspects and factors in his life, demonstrating his reliance or dependence upon his wife, and he would be affected (or suffer from extreme hardship) if the fraud waiver was not granted. He testified that he needed his wife, and would be in bad shape emotionally if she were deported. She was his “shoulder to cry and lean on” for support.

At the wife’s adjustment interview, while the officer read the husband’s declaration, he still wanted to hear directly from the husband about his various hardships. The result: case approved!

I want to be clear that I am not providing any kind of “guarantee” concerning the success or results of anyone’s case. But my point is that if a person is required to file a Form I–601, it is still possible that even if they do not meet all the traditional or listed extreme hardship factors, there may be other facts and circumstances that can be developed and packaged to make the qualifying relative’s situation appear like a tear–jerking TFC teleserye. And while I’m not saying everyone’s fraud waiver will be approved, if this situation applies to you, you may want to seek the assistance of an attorney, who could thoroughly evaluate your situation (and your qualifying relative’s situation), to see if there is extreme hardship.

*      *      *

WEBSITE: www.gurfinkel.com

Follow us on Facebook.com/GurfinkelLaw and Twitter @GurfinkelLaw

Four offices to serve you: PHILIPPINES: 8940258 or 894-0239; LOS ANGELES; SAN FRANCISCO; NEW YORK: TOLL FREE NUMBER: 1-866-GURFINKEL (1-866-487-3465).