Call today to schedule your immigration consultation 954-385-0157 or email: BAlvarado@Blandon-Law.com.

Blandon Law Immigration

Wednesday, May 26, 2010

Becoming Legal Despite Prior Fraud

     Foreign nationals who are the spouses, parents or children of a U.S. citizen (USC) or legal permanent resident (LPR) and who enter the country without a valid immigrant visa may be allowed to avoid removal and remain legally in the U.S.  This is known as the fraud waiver.
     In some cases before the Immigration Court, foreign nationals are facing removal (deportation) because the Citizenship and Immigration Service later discovers that the marriage to the USC or the LPR is a fraud.  Upon discovery, Immigration terminates the legal status and places the foreign national in removal proceedings.
     The Ninth Circuit Court of Appeals, in Vasquez v. Holder, recently held that foreign nationals in this situation are eligible for the fraud waiver, as a humanitarian gesture.
     In order to obtain the fraud waiver, and remain legally in the U.S., foreign nationals must have: (1) the required familial relationship, (2) entry with a visa, and (3) been otherwise admissible.  There is NO requirement that the foreign nationals demonstrate hardship to themselves or to their USC or LPR family  members.

General Frequently Asked Questions

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954-385-0157 or email: blandonappts@aol.com