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ACBA
The state Bar of California
Asian American Bar Association
American Immigration Lawyers Association
ATLA
Expertise
Expertise 2021

Two Recent 1-601 Waiver Approvals – Ground of Inadmissibility on Visa Fraud

Case 1

A U.S. citizen petitioner filed an 1-130 sibling immigrant visa petition over ten years ago on behalf of her sibling. The petition was approved, but when the sibling went in for an interview at the U.S. Consulate in Guangzhou, she was rejected an immigrant visa on the ground that she committed a visa fraud/material misrepresentation when she applied for a U.S. tourist visa years ago. The sibling was instructed to apply for an 1-601, Waiver of Grounds of Inadmissibility on visa fraud. Our office filed the waiver application on behalf of the sibling on the basis of hardship to her U.S. citizen parents. We obtained an approval within four months (Approval date 03/17/2015) and the sibling is now just waiting for a new interview at the U.S. Consulate in Guangzhou, which is only one step away from her getting the U.S. green card.

Case 2

A family of four, husband, wife and their two minor children, a 14 year-old and a 1 1/2 year-old were beneficiaries of a family based immigrant visa petition filed by the wife’s U.S. Citizen father years ago. The petition was approved and the family had an interview at the U.S. Consulate, Guangzhou in early 2013. The Consulate granted immigrant visas to the wife and their two children, but rejected issuance of a visa to the husband on the ground that he committed visa fraud/material misrepresentation when he applied for a U.S. tourist visa in the past. The husband was advised to go home to wait for a final decision wherein the wife and the two children had to proceed with immigrating to the U.S. due to the expiration set for their visas. The family ended up with the wife and their children becoming the U.S. lawful permanent residents and settling in San Francisco, but the husband was left behind in China. On the basis of extreme hardship to the wife and children, our office filed an 1-601, Waiver of Grounds of Inadmissibility on visa fraud on behalf of the husband. We obtained an approval on the waiver application (Approval date 10/28/14) within four months and the husband is now already a U.S. green card holder and reunited with his family in San Francisco.

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