237(a)(1)(H) waiver in Removal Proceedings for Misrepresentation

Immigration Law 237(a)(1)(H) waiver
AttorneyMoonjung Kim

About This Case

EK became a green card holder based on a visa petition that his U.S. citizen mother filed for him. While waiting for his visa to become available, EK got married. EK did not disclose that he was married on his immigrant visa application or at his interview at the U.S. Embassy because had EK disclosed that he was married, he would have had to wait a longer period to immigrate to the United States. EK was granted an immigrant visa to enter the United States.

After five years of being a green card holder, EK applied for citizenship. EK’s citizenship application was denied after it was discovered by an Immigration Officer that EK had misrepresented himself by failing to disclose his marriage on his immigrant visa application. EK was placed in removal proceedings.

Attorney Moonjung Jenny Kim determined that EK was eligible for a 237(a)(1)(H) waiver and EK was able to keep his green card after an Immigration Judge granted his waiver application. EK eventually became a citizen of the United States.

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