Immigration · Primary-source case analysis

Errico: The Fraud Waiver Protected Family Unity Despite Related Entry Defects

By Aneeta Mishra and Timothy Chan

Published May 15, 2026

Immigration and Naturalization Service v. Errico considered the reach of a statutory waiver designed to preserve families despite fraud or misrepresentation at entry.

The respondents had qualifying family relationships

Each was the spouse, parent, or child of a United States citizen or lawful permanent resident within the waiver’s protected class.

Fraud generated additional entry objections

The misrepresentations affected quota status or labor-certification requirements as well as the fraud ground itself.

The waiver was read to carry out family-unity purpose

The Court rejected a construction that would nullify relief whenever the same fraud produced a derivative inadmissibility ground.

Statutory eligibility still had limits

The decision interpreted the former provision’s text and protected relationships; it did not create a general pardon for every ground of removability.

Key takeaways

• Identify the precise fraud and each resulting inadmissibility ground.
• Document the qualifying family relationship.
• Separate grounds directly resulting from the fraud from independent grounds.
• Apply the current waiver statute and amendments rather than assuming former section 241(f) controls.