There are 6 steps to successfully submit a misrepresentation waiver, which can help undocumented aliens become admissible to the U.S. This is done with the assistance of an immigration lawyer through confirming that a waiver applies to your unique situation and properly preparing the misrepresentation waiver application form and the hardship waiver letter. It is critical to accurately and thoroughly complete these documents. To learn more about Misrepresentation waivers and how we can help you, visit:
The Process Requires Legal Assistance In addition to this, ample supporting evidence and documentation must be submitted with the complete package. Having a detailed and well-organized package increases the likelihood of a favorable decision. Cases that involve overseas immigrants, a status application process or immigration court proceedings will all have their own specific instructions and filing locations. The waiting period for the decision will take between 3 to 6 months. Utilizing a legal professional is the key to submitting a properly prepared package with additional supporting legal memos that support the case.
The Misrepresentation Waiver Process
The misrepresentation waiver application process involves six main steps. Remember, this is simply an overview of the necessary steps and each one is much more involved. Always speak with a licensed immigration lawyer before pursuing your waiver:
Confirm Misrepresentation or Fraud Waiver is Needed
First, confirm that your case needs an I-601 misrepresentation waiver. The terms “misrepresentation” and “fraud” have very specific legal meanings. Therefore, not every misstatement or misstep will be considered to be misrepresentation or fraud from a legal standpoint. This means that even if a mistake was made on a past immigration application, a misrepresentation waiver may not be necessary.
If your case needs a waiver, ensure that the waiver applies to your situation. Waivers cannot overcome everything. For example, there is no waiver available for falsely claiming to be a United States citizen. Always make sure that a misrepresentation waiver applies to your unique situation before beginning the application process.
Have Your Lawyer Prepare the I-601 Form
The misrepresentation waiver application form is a required part of every misrepresentation waiver package. Carefully read the instructions before beginning to ensure that the form is correctly completed and that all necessary information is provided to help win your case. Careless errors can negatively affect the outcome of your case so be sure to coordinate with a legal professional.
Have Your Lawyer Prepare the Hardship Waiver Letter
A very important part of the misrepresentation waiver package is the hardship letter. Avoid rushing the writing process because it is crucial to include all relevant details and important information. The purpose of the hardship letter is to assist the immigration officer reviewing your package to understand why your qualifying relative will experience extreme hardship if the waiver is not granted. These letters need to be carefully crafted by a professional with a thorough understanding of federal immigration law.
Collect Supporting Documents
Successfully winning your waiver case depends on both a well written hardship waiver letter and supporting evidence, which should document as many of the hardship factors discussed in the hardship letter as possible. Your immigration lawyer can assist you with identifying what evidence should be included in your package.
Finalizing the Application
After collecting all the evidence and documentation, you’ll be ready to finalize the misrepresentation waiver package and submit it to the government. Consider preparing a detailed table of contents and adding page numbers to the documentation to help keep the package organized. In addition to this, ensure that all required supporting documentation is included and that the I-601 form is correctly signed.
Submitting Your Waiver Application
All misrepresentation waiver packages involving overseas cases are now submitted to a “lockbox” or centralized filing location in the United States. Confirm the correct filing address in the misrepresentation waiver instructions. If you must submit a waiver application as part of your adjustment of status application process, follow the instructions given during the adjustment of status process. If you are submitting a waiver application during immigration court proceedings, follow the instructions of the immigration judge and the immigration court practice manual.
Importance of Legal Memo/Brief
It is not recommended for your to proceed with pursuing any type of waiver with at least consulting with a licensed immigration lawyer. There are significant benefits to cooperating with an immigration attorney.If a lawyer is helping you with your hardship waiver, they will also prepare a legal letter memo or a legal brief to include with the hardship waiver package. This document will describe how you meet the legal requirements for the hardship waiver and why it should be granted in your case. Preparing this type of document generally requires legal research and an understanding of how to present legal arguments in writing.
Receive the Decision
Once your waiver application package is submitted, you’ll need to wait to receive the decision on your waiver request. The waiting time is different for each case. While it may take less than 2 months, it will probably take longer to receive a decision. USCIS has indicated that most cases take at least 3 to 6 months to reach a decision. Complicated case issues may extend the decision time.
Always Work With an Attorney
To receive the fastest turnaround possible, you should submit an error-free application that is well organized with proper supporting evidence. In addition to this, your hardship factors must be clearly explained to ensure that the person reviewing your package can understand the issues in your case. A poorly prepared or organized package will make it more difficult for the person reviewing your case to reach a final decision.
Contact us Today!
If you are interested in pursuing a misrepresentation or fraud waiver, or would like more information, please call Pride Immigration Law Firm PLLC today or send us a message online. We are ready to help you understand your options and help you through the entire waiver process.
Beeraj Patel, Esq.
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