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Can any expert explain how waiver 212(d)(3) can relief a person from removal proceedings?

Atlanta, GA |

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

Attorney Answers 3


  1. There is no waiver for marriage fraud, rather, he must prove he did not commit marriage fraud or he will not be eligible for any immigrant visa, period, ever.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. 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.

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  3. No, that type of waiver only helps a person seeking to obtain a temporary visa to enter the U.S.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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