If you or a loved one from Nigeria is a lawful permanent resident (green card holder) facing removal (deportation) from the United States due to allegations of fraud or misrepresentation at the time of admission or adjustment of status, there may be hope through a powerful but lesser-known immigration relief option — the INA § 237(a)(1)(H) waiver.

At The Law Office of Emmanuel Asiriuwa, PLLC, we've successfully helped many clients from Nigeria and other African countries navigate this complex area of immigration law. Here's what you need to know.

What Is the INA § 237(a)(1)(H) Waiver?

The INA § 237(a)(1)(H) waiver is a discretionary form of relief available to certain lawful permanent residents (LPRs) — including many Nigerian nationals — who are facing removal for fraud or willful misrepresentation at the time of:

• Entering the U.S. on an immigrant visa, or

• Adjusting status to permanent residency within the United States.

This waiver essentially forgives the fraud or misrepresentation retroactively, allowing the individual to keep their green card and avoid deportation. This is especially critical for individuals from Nigeria who may face hardship or danger if returned, or whose families are rooted here in the U.S.

In simpler terms, if you received your green card through fraud or misrepresentation, but you otherwise qualified, and you have a qualifying family member, you may be eligible for a waiver that stops your removal. This applies whether you are from Nigeria, Ghana, Kenya, or any other country — but Nigerian applicants have increasingly encountered these issues in marriage-based or diversity visa fraud allegations.

Who Is Eligible?

To qualify for a 237(a)(1)(H) waiver, you must:

1. Be lawfully admitted to the U.S. — either through an immigrant visa or adjustment of status;

2. Be facing removal for fraud or willful misrepresentation at the time of that admission or adjustment;

3. Be the spouse, parent, son, or daughter of a U.S. citizen or lawful permanent resident;

4. Have been otherwise admissible at the time, except for the fraud;

5. Convince the immigration judge that you deserve a favorable exercise of discretion.

This is particularly important for Nigerians whose initial green card may have been granted through a marriage that USCIS later deemed questionable or fraudulent, even if the relationship continues.

In 2022, we worked with a client from Nigeria who obtained a green card through a U.S. citizen spouse. Years later, DHS alleged that the marriage was fraudulent from the start and placed him in removal proceedings. He later divorced the U.S. citizen and married another U.S. citizen. This second marriage produced two U.S. citizen children. We successfully argued for a 237(a)(1)(H) waiver, allowing him to keep his green card and remain in the U.S. with his family.

How We Can Help

At The Law Office of Emmanuel Asiriuwa, PLLC, we understand the unique challenges faced by immigrants from Nigeria and other developing countries, including issues related to marriage-based green cards, visa denials, and complex waiver applications. We prepare a compelling waiver package with strong evidence and persuasive argument for favorable discretion before the Immigration Court.