Posts tagged “immigrant waiver qualifying relative”

One of the most dangerous misconceptions in U.S. immigration law is the belief that time heals everything. It does not—especially when it comes to inadmissibility. We routinely see individuals who assume that a few years—or even decades—will somehow erase a prior finding. But when the issue involves misrepresentation under INA § 212(a)(6)(C)(i), the reality is stark: permanent means permanent. There is no expiration date, no quiet forgiveness, and—perhaps most importantly—no statute of limitations on when you can challenge the finding. That cuts both ways. While it allows challenges decades later, it also means the government’s finding continues to follow you indefinitely unless it is affirmatively addressed.

While we have had some success challenging findings of inadmissibility 20 or more years old, it is very difficult. For example, we were recently contacted by an individual who had a misrepresentation finding dating back more than 20 years because he had apparently presented a bogus financial statement given to him by a visa agent. For years, this did not seem to matter much. The client was able to obtain a nonimmigrant waiver under INA § 212(d)(3), allowing him to travel to the United States despite the finding. Like many applicants in this situation, he treated the inadmissibility as a manageable inconvenience rather than a critical legal problem.