5th Circuit: 245(i) Does Not Waive Fraud Under 212(a)(6)

Posted on April 17, 2014 by Kathryn N. Karam

The Fifth Circuit issued a published decision holding that a person seeking to adjust status to Permanent Resident who has committed fraud under INA § 212(a)(6) may not adjust status under § 245(i). The applicants in question were seeking to adjust status to permanent resident based on an approved employment-based petition, but had originally entered the U.S. with visas bearing other people's names. This is considered fraud under INA § 212(a)(6). Thus, while the applicants' time out of status might have been waiver under § 245(i) and an illegal entry would have been waived under § 245(i), the fraud committed when entering the U.S. is a separate matter. If the applicants had also been eligible for fraud waivers under INA § 212(i), they might have been able to adjust status in the United States.

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