The 237(a)(1)(H) Fraud Waiver: Waiver of Deportability for Persons Inadmissible at Time of Admission Due to Fraud or Misrepresentation

Removal Defense
Publication Date

People who were wrongfully admitted to the United States due to a misrepresentation—i.e., those who were in fact inadmissible at time of admission—may be eligible for a waiver of deportability under INA § 237(a)(1)(H). This lesser-known waiver is only available in removal proceedings and unlike most waiver requests, does not involve any application form or fee. This advisory explains who can request a 237(a)(1)(H) waiver and the process for applying.