Green Card Despite “Material Misrepresentation”

Making a “material misrepresentation” results in a lifetime bar from obtaining a green card.  But as one RMZD client happily found out, this bar can be waived based on a showing of “extreme hardship” to your spouse or parent.

In 2002, Susan (her name is withheld for privacy) lied when she applied for a US tourist visa at the American embassy abroad. She did not disclose that her husband was a lawful permanent resident of the United States. She entered the United States in 2002 and thereafter lived with her husband. She became pregnant and her husband didn’t allow her to go back to her home country. Susan’s husband filed an immigrant visa petition for her and was approved. But due to Susan’s prior misrepresentation when she applied for a US tourist visa, US Citizenship and Immigration Service (USCIS) required her and her husband to submit a waiver for her misrepresentation. She hired the services of an immigration attorney but her case was denied. Her prior attorney appealed her case with the Administrative Appeals Office which also denied her case. USCIS issued a Notice to Appear before an immigration court and she was placed in removal proceedings. Susan and her husband hired Reeves Miller Zhang & Diza to defend her before the immigration judge. Atty. Flomy Javier Diza, one of the Firm’s partners personally handled her case.

In February 17, 2016, an Immigration Judge in San Francisco granted Susan a waiver, ending her sixteen-year wait to obtain her greencard. Attorney Diza was able to prove to the court that Susan is a loving and dedicated wife and mother of four growing up US citizen daughters. That her removal would cause extreme physical, financial and emotional hardship to her husband of 18 years. Just after the Valentine’s Day, the judge granted the waiver which opened a new world for Susan. Instead of being deported, she was granted a lawful permanent resident status and fulfill her dream of living with her family in the US and continue her nursing profession.

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