The I-601 waiver is an application that is filed by individuals who are ineligible to gain admission to the United States as an immigrant, or who cannot adjust their status in the United States to become a permanent resident, because they are barred from the United States. The I-601 waiver is essentially a form that is filed to gain permission to apply for permanent residence in the United States or gain admission through an immigrant visa. This form will allow individuals to obtain relief from the following grounds:
Health-related grounds of inadmissibility (INA section 212(a)(1))
Certain criminal grounds of inadmissibility (INA section 212(a)(2))
Immigration fraud and misrepresentation (INA section 212(a)(6)(c))
Immigrant membership in totalitarian party (INA section 212(a)(3))
Alien smuggler (INA section 212(a)(6)(E))
Being subject to civil penalty (INA section 212(a)(6)(F))
The 3-year or 10-year bar due to previous unlawful presence in the United States (INA section 212(a)(9)(B))
Who is Eligible?
Not everyone is eligible. To qualify, you must have what is called a “qualifying” relative who will be the focus of the petition. A qualifying relative includes a U.S. Citizen or legal permanent resident spouse or parent. In cases where a waiver is filed for certain criminal grounds of inadmissibility a qualifying relative may also include a child who is a U.S. citizen.
In this segment, attorney Jacob Sapochnick Esq., discusses an example of an I-601 Waiver. For more information about waivers of inadmissibility please click here.
An I-601 Application for Waiver of Grounds of Inadmissibility allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence, or seek admission to the United States in a nonimmigrant status, if certain grounds of inadmissibility, circumstances, or conduct prevent them from being otherwise admissible. The I-601 application applies to certain aliens who believe they are ineligible for admission to the United States based on certain grounds of inadmissibility.
I-601 Success Story
Maria, a Mexican citizen, was brought to the United States unlawfully at only 3 years of age. She lived here in the United States all of her life. She attended high school and college in the United States. She and her US Citizen husband came to our office and told us that they wanted to legalize her status in the United States. We analyzed her case and told the couple that in order to legalize her status, they would need to file the I-601 waiver. We also discussed the risks associated with the I-601 waiver. When filing the I-601 waiver, the applicant (Maria) is required to leave the country. When an undocumented immigrant leaves the country, they run the risk of being barred from re-entering the United States. Maria and her husband decided to file the application despite these risks. Maria was able to file a waiver based on her marriage to a US Citizen, and the fact that she had no immigration violations other than the accrual of unlawful presence. Our office filed the I-130 petition. Once approved the petition was sent to the National Visa Center and Maria was assigned an interview in Ciudad Juarez. She attended the interview and as expected she was denied, because she entered the US unlawfully. After this, our office submitted the waiver one week later. The waiver submitted for this case was based on the extreme hardship Maria’s U.S. Citizen husband would suffer if she were removed from the United States or denied entry. This type of waiver involves collection of documents proving that the US Citizen husband has a legitimate claim of extreme hardship. In this case, we collected medical, academic, occupational, and financial documents to prove that if Maria were removed from the United States, he would suffer an extreme hardship since his life would be uprooted, and he would not be able to find similar employment abroad. The waiver also involves collection of documents proving that the undocumented immigrant is an exemplary individual such as academic transcripts, awards, honors, etc. It also consisted of medical and psychological evaluations proving that the US Citizen suffered from anxiety and depression. Affidavits and letters from family and friends were also included in support of the extreme hardship. Within one week of submitting the waiver package to the US Consulate in Juarez, the immigration officer reviewed the case and granted the waiver. When she returned to the embassy she was given her immigrant visa in her passport and was able to re-enter the United States. This is an example of a successful I-601 waiver case that was achieved with careful preparation and planning so that our client could achieve favorable results.
For more questions about the I-601 waiver please contact our office.
In this segment, attorney Jacob Sapochnick Esq., explains why we do what we do at the Law Offices of Jacob J. Sapochnick. For more information about our office and the services we provide please click here.
Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.
You can express your interest, or schedule an appointment by emailing us at firstname.lastname@example.org. We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.
Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.
Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.
To learn more about our dedicated staff members please click here.
Entered the country illegally and now married to a US Citizen? Watch the video below for more information on the possibility of applying for a green card.
– There is a big difference in having entered the United States illegally and entering the country legally but remaining in the United States past your authorized stay as indicated on your visa
– The process outlined in this video outlines information to be followed if you entered the US without inspection after April 2001; before this date section 245 of the law can be used to adjust status in US
– In 2013 a new waiver was introduced allowing aliens to seek a pardon if the only offence is an overstay
If you are ready to get started please call our office.
In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: How to apply for an I-601 Extreme Hardship Waiver. For more information click below. It is our pleasure to assist you.
Why is an I-601 Waiver needed?
– Approval of an I-601 waiver is needed for those who are eligible for a green card but facing immigration bars
– USCIS issues this waiver but you must provide proof or convince them of any hardship the US Citizen spouse will face
The heart of the extreme hardship waiver application is the determination of extreme hardship to a qualifying relative who can either be a U.S. citizen spouse or parent. Factors USCIS considers when determining extreme hardship include, but are not limited to:
1. Health – For example: Ongoing or specialized treatment required for a physical or mental condition;
2. Financial Considerations – For example: Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living;
3. Education – For example: Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program;
4. Personal Considerations – For example: Close relatives in the United States and country of birth or citizenship; separation from spouse/children;
5. Special Factors – For example: Close relatives in the United States and country of birth or citizenship; physical harm, or injury; social ostracism or stigma. Watch our video for more info.