Is there hope after lying to get a Green Card?
DESPERATION makes people do strange things. An adult beneficiary of a petition filed by a permanent resident parent has to wait for many years for his petition to become current. If an alien marries before getting a green card, the petition becomes invalid the alien loses the chance to come to the US Yet, it is hard to put a life on "hold" for ten or more years. Many people facing this situation marry and have children while waiting. Years later, when informed that the petition is now current, some find it impossible to give up the dream of coming to
Once in possession of a green card, the alien usually seeks to reunite his family. However, the petition for the family left behind only makes the bad situation worse. Some aliens go home and re-marry their spouse, come back and file a petition on the spouse’s behalf. Some wait for five years, apply to become a
All is not lost. There is still hope. Immigration and Nationality Act Section 237(a)(1)(H) allows an alien who lied to obtain a green card to apply for a waiver. The waiver is available to aliens who are the spouse, parent, son or daughter of a citizen of the
In re Tijam, a Board of Immigration Appeals case, gives the judges a detailed guide of negative and positive factors to consider in deciding whether to exercise discretion and grant the waiver. Among the negative factors are the "nature and underlying circumstances of the fraud or misrepresentation involved; the nature and seriousness, and recency of any criminal record; and any additional evidence of the alien’s bad character or undesirability as a lawful permanent resident of the
Source:Asian Journal