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ResourcesVisa & Immigration LawUS Immigration LawUS Visa Thailand: I-601 Waivers for Fraud and Misrepresentation

US Visa Thailand: I-601 Waivers for Fraud and Misrepresentation

Transcript of the above video:

In this video, we're going to discuss the I-601 waiver in the context of fraud and misrepresentation. Now what are we talking about here with respect to fraud and misrepresentation? Well exactly that. Those who make material representations in petitions or applications to the United States government with respect to immigration or just in general, general fraud and misrepresentation with respect to the immigration process and some other matter that has occurred in the United States, is a legal ground of inadmissibility to the United States.

And the I-601 and it's important to note this, with respect to fraud and misrepresentation, unfortunately there are a number of fake lawyers, less than reputable, sort of fly-by-night operations especially outside the United States that tell people to "Oh you know, don't say this, don't say that," you know basically lie. In fact, I've known individuals who have been coached to lie by various unsavory characters who they think they're doing themselves a favor by lying with respect to say, their visa application or at the interview at the embassy.

Let's be clear on this. First of all, the fraud and prevention unit posted in most, if not all, of the U.S. embassies outside the United States are very keen and aware. They're not clueless, hapless individuals. They're dedicated state officers who are well aware of all the tricks involved in the U.S. immigration process. They're not going to be fooled easily.

So first of all just from a practical standpoint, it's not a good idea. But also from an ethical, legal standpoint, you shouldn't be lying to anybody involved in the U.S. immigration process. Knowing the truth is always the best situation. For example, it's been my experience in the past with people who have things minor, usually things on their criminal records which they think "Oh I should just lie to the embassy about that" when in fact, there's no underlying legal ground of inadmissibility attached to that infraction. It might be something that the United States doesn't consider warrants a legal ground of inadmissibility but the lying about it in and of itself will lead to a finding of inadmissibility and it could happen if people think it's a good idea to lie to embassies. Never a good idea to lie to U.S. government, tribunals or anybody that you're dealing with respect to the United States. And in the case of U.S. immigration, it can create a whole slew of problems and in some cases, problems that are not even underlying issues to begin with.

So those who are afraid of something on their record causing them a problem in immigration proceedings are very well advised to contact a legal professional prior to undertaking anything or making any irrevocable decisions especially with respect to travel in order to ascertain whether or not it's going to be an issue. And if it's going to be an issue, what legal remedies, what needs to be done in order to deal with it. Simply lying is not going to be a good idea.

Fraud and misrepresentation as far as an I-601 waiver goes or waiver of ineligibility or waiver inadmissibility. Fraud and misrepresentations are tough one to overcome because the issue of credibility has been somewhat challenged just sort of on its face because it's a matter of fraud and misrepresentation. So just as a general way to think about this, fraud and misrepresentation no one should lie to U.S. government officials especially those involved in the U.S. immigration process and moreover, in this 601 process to go ahead and get that issue waived, the fraud and misrepresentation is going to be difficult. I've seen cases where it's been overcome but it's not overcome easily and it's not overcome with rather significant amount of work involved or rather significant amount of explaining and overcoming the extreme hardship threshold. But that being said, it may be possible.

Again, before making any decisions, in fact anyone who may have an issue which they believe may cause an inadmissibility to the United States are very well advised to contact a legal professional who deals with immigration regularly in order to get relevant information with respect to how the process is going to work and what the ramifications are of the issue that someone thinks is going to be a problem.