Matter of Tima: INA §237(a)(1)(H) Does Not Waive a Separate CIMT Deportability Charge
Matter of Tima holds that §237(a)(1)(H) cannot waive removability under §237(a)(2)(A)(i) for a crime involving moral turpitude. This page addresses the removal-case proof, defenses, and waiver consequences that follow from that rule.
Matter of Tima holds that §237(a)(1)(H) cannot waive removability under §237(a)(2)(A)(i) for a crime involving moral turpitude. The rule applies even when the CIMT arose from the same fraudulent conduct. A fraud waiver is not a universal mechanism for eliminating every fraud-related charge.
Core Rule
The Tima-limit-core-rule point begins. Under Tima-limit-core-rule, Matter of Tima holds that §237(a)(1)(H) cannot waive removability under §237(a)(2)(A)(i) for a crime involving moral turpitude. For Tima-limit-core-rule, identify the controlling document. In Tima-limit-core-rule, date the relevant event. When presenting Tima-limit-core-rule, tie proof to the disputed element. For review of Tima-limit-core-rule, obtain a specific ruling.
The Tima-limit-core-rule analysis stands separately. For Tima-limit-core-rule, The rule applies even when the CIMT arose from the same fraudulent conduct. In Tima-limit-core-rule, state who bears the burden. When defending Tima-limit-core-rule, answer the exact government theory. For Tima-limit-core-rule, preserve the legal standard and the requested remedy.
The Tima-limit-core-rule record should use primary evidence. In Tima-limit-core-rule, A fraud waiver is not a universal mechanism for eliminating every fraud-related charge. For Tima-limit-core-rule, compare signed forms with agency records. When facts conflict in Tima-limit-core-rule, reconcile them with documents. For appeal of Tima-limit-core-rule, preserve the objection and ruling.
Controlling Authority
The Tima-limit-controlling-authority point begins. Under Tima-limit-controlling-authority, The rule applies even when the CIMT arose from the same fraudulent conduct. For Tima-limit-controlling-authority, identify the controlling document. In Tima-limit-controlling-authority, date the relevant event. When presenting Tima-limit-controlling-authority, tie proof to the disputed element. For review of Tima-limit-controlling-authority, obtain a specific ruling.
The Tima-limit-controlling-authority analysis stands separately. For Tima-limit-controlling-authority, A fraud waiver is not a universal mechanism for eliminating every fraud-related charge. In Tima-limit-controlling-authority, state who bears the burden. When defending Tima-limit-controlling-authority, answer the exact government theory. For Tima-limit-controlling-authority, preserve the legal standard and the requested remedy.
The Tima-limit-controlling-authority record should use primary evidence. In Tima-limit-controlling-authority, Each NTA charge must be analyzed independently for waiver coverage. For Tima-limit-controlling-authority, compare signed forms with agency records. When facts conflict in Tima-limit-controlling-authority, reconcile them with documents. For appeal of Tima-limit-controlling-authority, preserve the objection and ruling.
Government Theory
The Tima-limit-government-theory point begins. Under Tima-limit-government-theory, A fraud waiver is not a universal mechanism for eliminating every fraud-related charge. For Tima-limit-government-theory, identify the controlling document. In Tima-limit-government-theory, date the relevant event. When presenting Tima-limit-government-theory, tie proof to the disputed element. For review of Tima-limit-government-theory, obtain a specific ruling.
The Tima-limit-government-theory analysis stands separately. For Tima-limit-government-theory, Each NTA charge must be analyzed independently for waiver coverage. In Tima-limit-government-theory, state who bears the burden. When defending Tima-limit-government-theory, answer the exact government theory. For Tima-limit-government-theory, preserve the legal standard and the requested remedy.
The Tima-limit-government-theory record should use primary evidence. In Tima-limit-government-theory, Criminal categorical analysis remains separate from the factual fraud inquiry. For Tima-limit-government-theory, compare signed forms with agency records. When facts conflict in Tima-limit-government-theory, reconcile them with documents. For appeal of Tima-limit-government-theory, preserve the objection and ruling.
Historical Timeline
The Tima-limit-historical-timeline point begins. Under Tima-limit-historical-timeline, Each NTA charge must be analyzed independently for waiver coverage. For Tima-limit-historical-timeline, identify the controlling document. In Tima-limit-historical-timeline, date the relevant event. When presenting Tima-limit-historical-timeline, tie proof to the disputed element. For review of Tima-limit-historical-timeline, obtain a specific ruling.
The Tima-limit-historical-timeline analysis stands separately. For Tima-limit-historical-timeline, Criminal categorical analysis remains separate from the factual fraud inquiry. In Tima-limit-historical-timeline, state who bears the burden. When defending Tima-limit-historical-timeline, answer the exact government theory. For Tima-limit-historical-timeline, preserve the legal standard and the requested remedy.
The Tima-limit-historical-timeline record should use primary evidence. In Tima-limit-historical-timeline, Matter of Tima holds that §237(a)(1)(H) cannot waive removability under §237(a)(2)(A)(i) for a crime involving moral turpitude. For Tima-limit-historical-timeline, compare signed forms with agency records. When facts conflict in Tima-limit-historical-timeline, reconcile them with documents. For appeal of Tima-limit-historical-timeline, preserve the objection and ruling.
Primary Documents
The Tima-limit-primary-documents point begins. Under Tima-limit-primary-documents, Criminal categorical analysis remains separate from the factual fraud inquiry. For Tima-limit-primary-documents, identify the controlling document. In Tima-limit-primary-documents, date the relevant event. When presenting Tima-limit-primary-documents, tie proof to the disputed element. For review of Tima-limit-primary-documents, obtain a specific ruling.
The Tima-limit-primary-documents analysis stands separately. For Tima-limit-primary-documents, Matter of Tima holds that §237(a)(1)(H) cannot waive removability under §237(a)(2)(A)(i) for a crime involving moral turpitude. In Tima-limit-primary-documents, state who bears the burden. When defending Tima-limit-primary-documents, answer the exact government theory. For Tima-limit-primary-documents, preserve the legal standard and the requested remedy.
The Tima-limit-primary-documents record should use primary evidence. In Tima-limit-primary-documents, The rule applies even when the CIMT arose from the same fraudulent conduct. For Tima-limit-primary-documents, compare signed forms with agency records. When facts conflict in Tima-limit-primary-documents, reconcile them with documents. For appeal of Tima-limit-primary-documents, preserve the objection and ruling.
Burden and Standard
The Tima-limit-burden-and-standard point begins. Under Tima-limit-burden-and-standard, Matter of Tima holds that §237(a)(1)(H) cannot waive removability under §237(a)(2)(A)(i) for a crime involving moral turpitude. For Tima-limit-burden-and-standard, identify the controlling document. In Tima-limit-burden-and-standard, date the relevant event. When presenting Tima-limit-burden-and-standard, tie proof to the disputed element. For review of Tima-limit-burden-and-standard, obtain a specific ruling.
The Tima-limit-burden-and-standard analysis stands separately. For Tima-limit-burden-and-standard, The rule applies even when the CIMT arose from the same fraudulent conduct. In Tima-limit-burden-and-standard, state who bears the burden. When defending Tima-limit-burden-and-standard, answer the exact government theory. For Tima-limit-burden-and-standard, preserve the legal standard and the requested remedy.
The Tima-limit-burden-and-standard record should use primary evidence. In Tima-limit-burden-and-standard, A fraud waiver is not a universal mechanism for eliminating every fraud-related charge. For Tima-limit-burden-and-standard, compare signed forms with agency records. When facts conflict in Tima-limit-burden-and-standard, reconcile them with documents. For appeal of Tima-limit-burden-and-standard, preserve the objection and ruling.
Materiality or Causation
The Tima-limit-materiality-or-causation point begins. Under Tima-limit-materiality-or-causation, The rule applies even when the CIMT arose from the same fraudulent conduct. For Tima-limit-materiality-or-causation, identify the controlling document. In Tima-limit-materiality-or-causation, date the relevant event. When presenting Tima-limit-materiality-or-causation, tie proof to the disputed element. For review of Tima-limit-materiality-or-causation, obtain a specific ruling.
The Tima-limit-materiality-or-causation analysis stands separately. For Tima-limit-materiality-or-causation, A fraud waiver is not a universal mechanism for eliminating every fraud-related charge. In Tima-limit-materiality-or-causation, state who bears the burden. When defending Tima-limit-materiality-or-causation, answer the exact government theory. For Tima-limit-materiality-or-causation, preserve the legal standard and the requested remedy.
The Tima-limit-materiality-or-causation record should use primary evidence. In Tima-limit-materiality-or-causation, Each NTA charge must be analyzed independently for waiver coverage. For Tima-limit-materiality-or-causation, compare signed forms with agency records. When facts conflict in Tima-limit-materiality-or-causation, reconcile them with documents. For appeal of Tima-limit-materiality-or-causation, preserve the objection and ruling.
Statements and Admissions
The Tima-limit-statements-and-admissions point begins. Under Tima-limit-statements-and-admissions, A fraud waiver is not a universal mechanism for eliminating every fraud-related charge. For Tima-limit-statements-and-admissions, identify the controlling document. In Tima-limit-statements-and-admissions, date the relevant event. When presenting Tima-limit-statements-and-admissions, tie proof to the disputed element. For review of Tima-limit-statements-and-admissions, obtain a specific ruling.
The Tima-limit-statements-and-admissions analysis stands separately. For Tima-limit-statements-and-admissions, Each NTA charge must be analyzed independently for waiver coverage. In Tima-limit-statements-and-admissions, state who bears the burden. When defending Tima-limit-statements-and-admissions, answer the exact government theory. For Tima-limit-statements-and-admissions, preserve the legal standard and the requested remedy.
The Tima-limit-statements-and-admissions record should use primary evidence. In Tima-limit-statements-and-admissions, Criminal categorical analysis remains separate from the factual fraud inquiry. For Tima-limit-statements-and-admissions, compare signed forms with agency records. When facts conflict in Tima-limit-statements-and-admissions, reconcile them with documents. For appeal of Tima-limit-statements-and-admissions, preserve the objection and ruling.
Government Proof
The Tima-limit-government-proof point begins. Under Tima-limit-government-proof, Each NTA charge must be analyzed independently for waiver coverage. For Tima-limit-government-proof, identify the controlling document. In Tima-limit-government-proof, date the relevant event. When presenting Tima-limit-government-proof, tie proof to the disputed element. For review of Tima-limit-government-proof, obtain a specific ruling.
The Tima-limit-government-proof analysis stands separately. For Tima-limit-government-proof, Criminal categorical analysis remains separate from the factual fraud inquiry. In Tima-limit-government-proof, state who bears the burden. When defending Tima-limit-government-proof, answer the exact government theory. For Tima-limit-government-proof, preserve the legal standard and the requested remedy.
The Tima-limit-government-proof record should use primary evidence. In Tima-limit-government-proof, Matter of Tima holds that §237(a)(1)(H) cannot waive removability under §237(a)(2)(A)(i) for a crime involving moral turpitude. For Tima-limit-government-proof, compare signed forms with agency records. When facts conflict in Tima-limit-government-proof, reconcile them with documents. For appeal of Tima-limit-government-proof, preserve the objection and ruling.
Respondent Proof
The Tima-limit-respondent-proof point begins. Under Tima-limit-respondent-proof, Criminal categorical analysis remains separate from the factual fraud inquiry. For Tima-limit-respondent-proof, identify the controlling document. In Tima-limit-respondent-proof, date the relevant event. When presenting Tima-limit-respondent-proof, tie proof to the disputed element. For review of Tima-limit-respondent-proof, obtain a specific ruling.
The Tima-limit-respondent-proof analysis stands separately. For Tima-limit-respondent-proof, Matter of Tima holds that §237(a)(1)(H) cannot waive removability under §237(a)(2)(A)(i) for a crime involving moral turpitude. In Tima-limit-respondent-proof, state who bears the burden. When defending Tima-limit-respondent-proof, answer the exact government theory. For Tima-limit-respondent-proof, preserve the legal standard and the requested remedy.
The Tima-limit-respondent-proof record should use primary evidence. In Tima-limit-respondent-proof, The rule applies even when the CIMT arose from the same fraudulent conduct. For Tima-limit-respondent-proof, compare signed forms with agency records. When facts conflict in Tima-limit-respondent-proof, reconcile them with documents. For appeal of Tima-limit-respondent-proof, preserve the objection and ruling.
Waiver or Defense
The Tima-limit-waiver-or-defense point begins. Under Tima-limit-waiver-or-defense, Matter of Tima holds that §237(a)(1)(H) cannot waive removability under §237(a)(2)(A)(i) for a crime involving moral turpitude. For Tima-limit-waiver-or-defense, identify the controlling document. In Tima-limit-waiver-or-defense, date the relevant event. When presenting Tima-limit-waiver-or-defense, tie proof to the disputed element. For review of Tima-limit-waiver-or-defense, obtain a specific ruling.
The Tima-limit-waiver-or-defense analysis stands separately. For Tima-limit-waiver-or-defense, The rule applies even when the CIMT arose from the same fraudulent conduct. In Tima-limit-waiver-or-defense, state who bears the burden. When defending Tima-limit-waiver-or-defense, answer the exact government theory. For Tima-limit-waiver-or-defense, preserve the legal standard and the requested remedy.
The Tima-limit-waiver-or-defense record should use primary evidence. In Tima-limit-waiver-or-defense, A fraud waiver is not a universal mechanism for eliminating every fraud-related charge. For Tima-limit-waiver-or-defense, compare signed forms with agency records. When facts conflict in Tima-limit-waiver-or-defense, reconcile them with documents. For appeal of Tima-limit-waiver-or-defense, preserve the objection and ruling.
Independent Charges
The Tima-limit-independent-charges point begins. Under Tima-limit-independent-charges, The rule applies even when the CIMT arose from the same fraudulent conduct. For Tima-limit-independent-charges, identify the controlling document. In Tima-limit-independent-charges, date the relevant event. When presenting Tima-limit-independent-charges, tie proof to the disputed element. For review of Tima-limit-independent-charges, obtain a specific ruling.
The Tima-limit-independent-charges analysis stands separately. For Tima-limit-independent-charges, A fraud waiver is not a universal mechanism for eliminating every fraud-related charge. In Tima-limit-independent-charges, state who bears the burden. When defending Tima-limit-independent-charges, answer the exact government theory. For Tima-limit-independent-charges, preserve the legal standard and the requested remedy.
The Tima-limit-independent-charges record should use primary evidence. In Tima-limit-independent-charges, Each NTA charge must be analyzed independently for waiver coverage. For Tima-limit-independent-charges, compare signed forms with agency records. When facts conflict in Tima-limit-independent-charges, reconcile them with documents. For appeal of Tima-limit-independent-charges, preserve the objection and ruling.
Merits Hearing
The Tima-limit-merits-hearing point begins. Under Tima-limit-merits-hearing, A fraud waiver is not a universal mechanism for eliminating every fraud-related charge. For Tima-limit-merits-hearing, identify the controlling document. In Tima-limit-merits-hearing, date the relevant event. When presenting Tima-limit-merits-hearing, tie proof to the disputed element. For review of Tima-limit-merits-hearing, obtain a specific ruling.
The Tima-limit-merits-hearing analysis stands separately. For Tima-limit-merits-hearing, Each NTA charge must be analyzed independently for waiver coverage. In Tima-limit-merits-hearing, state who bears the burden. When defending Tima-limit-merits-hearing, answer the exact government theory. For Tima-limit-merits-hearing, preserve the legal standard and the requested remedy.
The Tima-limit-merits-hearing record should use primary evidence. In Tima-limit-merits-hearing, Criminal categorical analysis remains separate from the factual fraud inquiry. For Tima-limit-merits-hearing, compare signed forms with agency records. When facts conflict in Tima-limit-merits-hearing, reconcile them with documents. For appeal of Tima-limit-merits-hearing, preserve the objection and ruling.
Appeal Preservation
The Tima-limit-appeal-preservation point begins. Under Tima-limit-appeal-preservation, Each NTA charge must be analyzed independently for waiver coverage. For Tima-limit-appeal-preservation, identify the controlling document. In Tima-limit-appeal-preservation, date the relevant event. When presenting Tima-limit-appeal-preservation, tie proof to the disputed element. For review of Tima-limit-appeal-preservation, obtain a specific ruling.
The Tima-limit-appeal-preservation analysis stands separately. For Tima-limit-appeal-preservation, Criminal categorical analysis remains separate from the factual fraud inquiry. In Tima-limit-appeal-preservation, state who bears the burden. When defending Tima-limit-appeal-preservation, answer the exact government theory. For Tima-limit-appeal-preservation, preserve the legal standard and the requested remedy.
The Tima-limit-appeal-preservation record should use primary evidence. In Tima-limit-appeal-preservation, Matter of Tima holds that §237(a)(1)(H) cannot waive removability under §237(a)(2)(A)(i) for a crime involving moral turpitude. For Tima-limit-appeal-preservation, compare signed forms with agency records. When facts conflict in Tima-limit-appeal-preservation, reconcile them with documents. For appeal of Tima-limit-appeal-preservation, preserve the objection and ruling.
Practice Checklist
The Tima-limit-practice-checklist point begins. Under Tima-limit-practice-checklist, Criminal categorical analysis remains separate from the factual fraud inquiry. For Tima-limit-practice-checklist, identify the controlling document. In Tima-limit-practice-checklist, date the relevant event. When presenting Tima-limit-practice-checklist, tie proof to the disputed element. For review of Tima-limit-practice-checklist, obtain a specific ruling.
The Tima-limit-practice-checklist analysis stands separately. For Tima-limit-practice-checklist, Matter of Tima holds that §237(a)(1)(H) cannot waive removability under §237(a)(2)(A)(i) for a crime involving moral turpitude. In Tima-limit-practice-checklist, state who bears the burden. When defending Tima-limit-practice-checklist, answer the exact government theory. For Tima-limit-practice-checklist, preserve the legal standard and the requested remedy.
The Tima-limit-practice-checklist record should use primary evidence. In Tima-limit-practice-checklist, The rule applies even when the CIMT arose from the same fraudulent conduct. For Tima-limit-practice-checklist, compare signed forms with agency records. When facts conflict in Tima-limit-practice-checklist, reconcile them with documents. For appeal of Tima-limit-practice-checklist, preserve the objection and ruling.
Primary Legal Authorities and Sources
- Matter of Tima, 26 I&N Dec. 839 (BIA 2016) BIA precedent holding that §237(a)(1)(H) does not waive a separate CIMT deportability charge.
- 8 U.S.C. §1227 — Deportable Aliens Current deportability statute.
- Matter of Forjoe, 29 I&N Dec. 463 (BIA 2026) Current BIA precedent limiting INA §237(a)(1)(H) to fraud or misrepresentation at admission and overruling Matter of Agour.
- Matter of Fu, 23 I&N Dec. 985 (BIA 2006) BIA precedent on direct-result document inadmissibility within INA §237(a)(1)(H).
- Matter of Tijam, 22 I&N Dec. 408 (BIA 1998) BIA precedent on fraud-waiver discretion.
- 8 C.F.R. §1240.8 — Burdens of Proof Current removal burden regulation.
Frequently Asked Questions
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