People who want to immigrate to live in Illinois but who were previously deemed inadmissible because of willful misrepresentation or fraud might be able to secure waivers of inadmissibility so that they can enter the U.S. A waiver of inadmissibility is only available in certain situations, however.
According to the U.S. Customs and Immigration Services, applicants must be able to show that their U.S. citizen spouse or parent, lawful permanent resident spouse or parent, or their U.S. citizen fiance would suffer extreme hardship if the waivers of inadmissibility were denied. In the case of an applicant under the Violence Against Women Act, the applicant can show her own extreme hardship or that of her lawful permanent resident or U.S. citizen child or parent. People who falsely claimed U.S. citizenship after Sept. 30, 1996, are not eligible for a waiver of inadmissibility. However, those who falsely claimed U.S. citizenship before that date may be eligible for waivers of inadmissibility based on fraud or willful misrepresentation.
Several classes of applicants may be eligible for waivers of inadmissibility. Some of the eligible categories include people seeking immigrant visas or adjustments of status, applicants for employment-based immigrant visas, and certain nonimmigrant visa applicants.
People who have previously been deemed to be inadmissible based on willful misrepresentation or fraud might want to get help from an immigration attorney to learn whether they may be eligible for a waiver of inadmissibility. An attorney can review the facts of what occurred and the types of hardships that the U.S. citizen or lawful permanent resident family members might face if the waiver application is denied. The lawyer may then help the client gather evidence and documents to support the basis for the petition.