Waivers for Fraud or Misrepresentation-INA § 212(i)

Fraud or misrepresentation under INA § 212(a)(6)(A)(i) may be waived under INA § 212(i). To qualify for the waiver, the applicant must establish that his or her United States citizen or Landed Permanent Resident spouse or parent would suffer extreme hardship if permanent residence is denied. 

Under Violence Against Women Act ("VAWA"), VAWA self-petitioners are eligible for an INA § 212(i) if they demonstrate extreme hardship to themselves or to their United States citizen, Landed Permanent Resident, or qualified alien parent or child. The term qualified alien includes: Landed Permanent Residents; Asylees; Refugees; Persons paroled into the country for at least one year; Foreign nationals granted withholding of deportation or removal; Foreign nationals granted conditional entry under INA § 203(a)(7) as it existed prior to April 1, 1980; and Cuban and Haitian entrants.