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How a 237(a)(1)(H) Waiver Can Stop Your Deportation

One minute you have your green card and you’re waiting at customs to re-enter the U.S. after a trip to your native country. The next minute, you’re detained because your passport has been red-flagged for green card fraud. One minute, you’re in the final stage of the long and arduous citizenship process. Next minute, you’re detained. In both scenarios, you suddenly find yourself in removal proceedings. How can you legally get out of this mess even though you originally got your card through fraud or misrepresentation?

Waiver of Forgiveness for Green Card Fraud

If you committed fraud or misrepresentation to obtain your green card, the best way to keep your green card is through the Immigration and Nationality Act 237(a)(1)(H) Waiver. Unlike other waivers of forgiveness such as the I-601 Waiver, you do not even have to demonstrate hardship to obtain an approval from the immigration court.

Who Qualifies for a 237(a)(1)(H) Waiver?

When Congress enacted this kind of forgiveness waiver, the intention was to help certain types of families stay together—families composed, in part, of U.S. citizens or Permanent Residents—despite having a close family member caught with an unlawfully obtained green card.

This special waiver of forgiveness is available if you are the spouse, parent, son, or daughter of a U.S. citizen or permanent resident.

Benefits of 237(a)(1)(H) Waiver Approval

If Your 237(a)(1)(H) waiver is approved, you benefit in three Important ways:

  • Your removal proceedings are terminated.
  • Your fraud or misrepresentation is forgiven.
  • You DO NOT have to start a new 5-year green card waiting period because the waiver also will validate your LPR status back to the date of admission, even if that status was originally obtained through fraud or misrepresentation.

100% Track Record of Success with 237(a)(1)(H) Waivers

Nalbandian Law, an expert immigration law firm in the Los Angeles area with over 15 years of experience, has successfully represented many clients in 237(a)(1)(H) Waiver cases. For these cases, there is no specific form to fill out. Instead, it is done on a pleading before an immigration judge along with exhibits in support of the waiver. As a result of exceptional preparation and documentation, Nalbandian Law has never had a 237(a)(1)(H) waiver denied.

Waiver Approval Examples

Sassoun A. Nalbandian, founder and lead immigration attorney of Nalbandian Law, points to two recent 237(a)(1)(H) waiver victories.

Identity Fraud Case – In one case, the alien had applied for asylum, claiming that she was from a country that was not her real birthplace. She had subsequently claimed her green card through marriage. Years later when she returned from a trip abroad and arrived at the Los Angeles airport, she was detained by immigration, placed in removal proceedings, and facing deportation. Mr. Nalbandian explained, “For cases like this, a victory for our client required voluminous documentation such as extensive interviews and signed affidavits from family members and other witnesses. Even with detailed documentation, we argued back and forth repeatedly with government lawyers,” Mr. Nalbandian explained, “Eventually, as a result of our persistence and determination, our client’s case was approved and she was able to keep her green card.”

Marriage Fraud Case – Another waiver approval case concerned a client who obtained her green card through a fraudulent marriage. When immigration officials found out about it, they placed her in removal proceedings. Facing deportation, she retained Nalbandian Law to represent her. “Through the intense process of battling and debating immigration points with government attorneys and with the help of our unique preparation and documentation, our client’s 237(a)(1)(H) waiver was approved.” The judge forgave her and accepted her repentance. She was able to keep her green card.
Mr. Nalbandian emphasized, “As a client of Nalbandian Law, you can be certain that we don’t back down when we believe in your case. We fight hard on our clients’ behalf.”

Schedule a Consultation Today!

Not every case is suitable for a 237(a)(1)(H) Waiver. That’s why it is important to call Nalbandian Law at (818) 244-0310 or contact us online for an expert consultation with lead attorney and immigration expert Sassoun A. Nalbandian. He will carefully review your situation and evaluate if filing a 237(a)(1)(H) waiver is the best action to take in your case.

*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.

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Mr. Nalbandian was the lawyer who handled my wife's Green card case. Thanks to him everything went well and at very timely manner. I would recommend him with most confidence.

- Jose Garcia, CA