There are two waivers available to individuals who made a material misrepresentation or committed fraud. One waiver is for those seeking an immigrant visa or adjustment of status. This waiver requires establishing a qualifying relative would suffer extreme hardship. The other waiver is for those applying for a nonimmigrant visa. For the nonimmigrant visa, you are not required to establish extreme hardship. Rather, the severity and recency of your immigration violation will be balanced with the purpose of your travel and danger you pose. You should also keep in mind that your prior conviction could also pose an issue. Expunging a conviction does not provide any immigration relief.
Answered on Apr 11th, 2016 at 5:06 AM