Can Marriage Fraud Be Waived?

In general, marriage fraud cannot be directly waived under U.S. immigration law. Once U.S. Citizenship and Immigration Services (USCIS) or another immigration authority makes a formal finding of marriage fraud—such as under INA §204(c)—it can lead to permanent ineligibility for family-based immigration benefits. This bar applies even if the individual later enters into a bona fide marriage.

However, there are minimal exceptions and forms of relief that may be available in certain cases:

1. INA §237(a)(1)(H) Waiver: 

This waiver can forgive certain fraud or misrepresentation at the time of entry or adjustment of status, but not the underlying act of marriage fraud itself. It is typically available only in removal proceedings and requires that the applicant:

• Is the spouse, parent, son, or daughter of a U.S. citizen or lawful permanent resident;
• Was otherwise admissible at the time of entry;
• Can demonstrate that granting the waiver is warranted in the exercise of discretion.

2. Waivers for Misrepresentation (INA §212(i)): 

In cases where the individual is found inadmissible for misrepresentation or fraud (not necessarily marriage fraud), a waiver may be possible if the applicant has a qualifying relative and can show extreme hardship. However, this does not waive a 204(c) finding of marriage fraud.

3. Challenging the Finding Itself: 

 In some cases, the individual may try to contest the marriage fraud determination, for example, by presenting evidence that the prior marriage was genuine and not entered into for immigration purposes. If the fraud finding can be overturned or shown to be unfounded, it may remove the bar to future immigration benefits.

Conclusion

While some immigration violations involving fraud or misrepresentation can be waived under specific provisions, a direct waiver of a marriage fraud finding is not available. Once such a finding is made, it can result in a lifetime bar from certain immigration benefits. Legal guidance from an experienced immigration attorney is essential in such complex and high-stakes situations.

 

Also, read >> What Documents Are Needed for a Marriage Fraud Waiver?