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I-601 Waiver Denied, Rejected, or Failed? Why?

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Here are some factors that often result in denials of I-601 waivers

1) Interviewing Consulate or Country – Certain countries just have a reputation of denying more waiver application than others. For example, China has a strikingly low approval rate for I-601 waivers. Others enjoy a relatively high approval rate, such as Mexico. Know your risks before you dive into this process. Of course, this is likely to be changed if the new proposed rule passes and adjudications are more consistent and can be done within the US.

2) Negative Factors – Crimes, complicated I-601, or a history of what the officer might consider “poor moral character” often result in a tough-to-win situation. Make sure you disclose your immigration and criminal history as completely as possible to the attorney preparing your case.

3) Weak Hardship Letter – If your i-601 waiver application preparer gives you a template of what to say in your “hardship letter” be careful because it is the same template given to everyone else. If your application sounds like everyone else, it is likely to fail. Remember the adjudicators are highly experienced and see many applications. They can sense when you falsify or exaggerate information. Solution? Personalize – choose an attorney who will work with you to share your voice in your affidavits, or “hardship letters”.

4) Shaky relationship – For spouse based I-601 waivers, does your marital history sound shaky? Have you filed charges or have had charges filed for domestic battery or other domestic disputes? Have you divorced and remarried? Your application must be prepared carefully to overcome this negative factor and show the strength of your marriage.

5) Thin on supporting evidence – You need to make sure you are adequately supporting all the hardship claims you make.

So, what should you do if your waiver has recently been denied?   Firstly, don’t try to battle through it yourself.  An immigration attorney who understands the waiver process can make a huge difference. Even if you had an attorney prepare your waiver previously, it is possible that the immigration attorney did not do a good enough job. It is possible that he or she made one of the above mistakes.  In that case, do seek out alternatives. I invite you to a free phone or in-person consultation with me, Attorney Dhenu Savla.

I have worked on numerous i-601 applications with a phenomenal success rate because I have a clear and deep understanding of what it takes to prepare a strong application.  I am located in Chicago, IL. But if you are not from around here, don’t worry. Many of my clients come from other locations and I have developed an easy and clear system of how to work with long-distance clients.  Go through other pages of my website to learn more about me. You can contact me directly through phone by calling 773-825-8695.

Good Luck to you!

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