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Is a person who remained in the US with an I-20 issued by an institution that was labeled "sham" a candidate for a I-601 Waiver?

San Jose, CA |

I understand that hiring an attorney is the prudent thing to do, and I probably will end up doing so. I just want to be informed before moving forward. Having said that, if I graduated from a legitimate university with a legitimate I-20 in the US, and then obtained a new I-20 by enrolling in an institution that was later busted as a "sham university" (institutions that give out immigration benefits in the form of I-20), would I be eligible to file a waiver of grounds of inadmissibility? I got married to a USC and my spouse filed for me as an immediate relative. During the interview, the immigration officer asked me to provide the transcripts of that school. That school no longer operates. What are some options at this point?

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Attorney answers 3

Best Answer
Posted

The fact that you enrolled in a university that was later found to be a "sham university" would not necessarily make you inadmissible. To be inadmissible for fraud or material misrepresentation, you must have engaged in either fraudulent conduct or knowingly made a material misrepresentation. It is unclear from the information provided if you engaged in such conduct. Assuming you could be found inadmissible, you may be eligible for a waiver of inadmissibility if you can establish your spouse would suffer extreme hardship. I strongly encourage you to retain an experienced attorney to assist you with this matter.

Posted

You shouldn't need a waiver unless there are details that you're not sharing. You did enter the country legally?

As far as the school, do your best to comply with the officer's request and so consult with an attorney.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

Posted

If ou entered the country illegally, you would not need a waiver. However, you really should consult with an immigration lawyer who can assist you in procuring your green card. You will have to address these issues but a waiver may not be required.

Asker

Posted

I plan on consulting with an immigration attorney soon. I should have specified that I did come into the country legally. Would that change anything regarding waiver? Thanks for your answer!

Mercy Josepha Sequeira

Mercy Josepha Sequeira

Posted

A consultation is the best way for someone to advise you accurately. Without getting all the facts of a case, a response is only general in nature. If you do not have any other issues, you may not need a waiver.

Asker

Posted

I see. Thank you for your response.

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