My brother was in possession of a valid F-1 student visa (not expired). In the process of adjusting his status, he was found inadmissible due to fraud or misrepresnting ( Marriage Fraud). He didnt receive his conditional green card, but he has a stay of deportation. He doesnt qualify for cancelation of removal because of the 10years rule, he has all the requirement for waiver 237(a)(1)(h) with the exception of non-immiigrant visa( student visa). Can waiver 212(d)(3) help?......thanks
My understanding is the waiver is applied for at the border, I do not think it applies in removal proceedings. It also requires a favorable exercise of discretion, which may be difficult given the circumstances you describe. Regarding the 237a1h my understanding is that it requires an approved immigrant visa, which from your description they did not have. I would urge you to take this case to a professional experienced in removal defense and have them analyze any potential claims or defenses. This is the only way you will reach a favorable outcome in a case like this.
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