SwagatUSA can assist with I-601 Waiver cases all across the United States! Please take a look at some of the links below for helpful information regarding I-601 Waivers.
An I-601 attorney, or an attorney for I-601 waivers, needs to pay attention to a number of factors before preparing a hardship waiver application. Among these, first, does the person have a qualifying relative? In other words, do you have a spouse or parent who is a US Permanent Resident or Citizen. If yes, then what types of hardship will this person face if you are unable to live in the US? Here, emotional pleas alone are not enough. One must show significant financial, emotional, or health-related hardship. Also, what would happen if the applicant’s spouse or parent were to go to live outside of the US with the applicant?
Often one of the hardest things for families is the fact that I-601 applications often require the applicant to go outside of the US for an extended period of time. This is likely to change. When? We do not know. Below are some posts created in relation to proposed rules on provisional waiver applications, where an initial interview can be conducted within the US, thus reducing the amount of time an applicant spends outside of the US to process the final application.
Proposed Rule on I-601 Provisional Waivers – Apr 3 2012
Latest Update on New Procedure for I-601 Waivers
I-601 Proposed Law 2012
Here is a brief history and background on I-601 waiver applications below:
A Brief Lesson on I-601 Waivers
If you are wondering what are some of the risk factors in I-601 waivers, below post addresses some common reason for waiver denials. A strong immigration attorney who is experienced in waivers can help overcome a denial as we have done time and time again.
Why I-601 Waivers Get Denied
What is the Purpose of Form I-601?
A person who is not allowed to enter to the United States as an immigrant or to adjust status in the United States, and nonimmigrant applicants who are not allowed entry, must file the I-601 application to seek a waiver of certain aspects of inadmissibility.
Who May File Form I-601?
Whether you are eligible for a waiver depends on the immigration benefit you are seeking and the reason for your inadmissibility. Below is a list that details which immigrant benefits allow for a waiver of certain grounds of inadmissibility.
Applicant for an immigrant, K, or V nonimmigrant visa
If you are an applicant for an immigrant, K, or V nonimmigrant visa (and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found inadmissible,) or you are an applicant for adjustment of status to lawful permanent residence (excluding adjustment categories listed below,) you may file this application to obtain relief from the following grounds:
1. Health-related grounds of inadmissibility
2. Certain criminal grounds of inadmissibility
3. Immigration fraud and misrepresentation
4. Immigrant membership in totalitarian party
5. Alien smuggler
6. Being subject to civil penalty
7. The 3-year or 10-year bar due to previous unlawful presence in the United States
Temporary Protected Status (TPS)
If you are an applicant for Temporary Protected Status (TPS), you may file this application to obtain relief from the following grounds:
1. Most grounds of inadmissibility
(NACARA) or Haitian Refugee Immigration Fairness Act (HRIFA)
If you are an applicant for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act (NACARA) or Haitian Refugee Immigration Fairness Act (HRIFA), you may file this application to obtain relief from the following grounds:
1. All grounds listed for the adjustment of status applicants except the 3-year or 10-year bar due to previously unlawful presence in the United States
2. Aliens previously removed
3. Unlawfully present after previous immigration violations
Violence Against Women Act (VAWA) self-petitioner
If you are an applicant for an immigrant visa or adjustment of status as a Violence Against Women Act (VAWA) self-petitioner or the child of a VAWA self-petitioner, you may file this application to obtain relief from the following grounds:
1. All grounds listed for the adjustment of status applicants.
2. Unlawfully present after previous immigration violations
T nonimmigrant status
If you are an applicant for adjustment of status based on T nonimmigrant status, you may file this application to obtain relief from the following grounds:
- Most grounds listed
Special Immigrant Juvenile (SIJ)
If you are an applicant for adjustment of status as a Special Immigrant Juvenile (SIJ) based on an approved Form I-360, you may file this application to obtain relief from the following grounds:
- Most grounds listed
Duration of Waiver
Except as provided below, if you are granted a waiver of grounds of inadmissibility in connection with your immigrant visa or adjustment of status application, the waiver is valid indefinitely. This is true even if you do not obtain your immigrant visa, or immigrant admission, or adjustment of status, or if you lose your legal permanent resident (LPR) status.
The following waivers are either conditional or limited to certain benefits.
- Convention Adoptee. If you obtain a waiver in connection with Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, the approval of your waiver is conditioned upon the final issuance of an immigrant or nonimmigrant visa based on the final approval of Form I-800.
- K Nonimmigrant Visa Applicant. If you obtain a waiver in connection with an application for a K-1 or K-2 nonimmigrant visa, the approval of your waiver is conditioned upon the marriage of the K-1 visa applicant and the K-1 visa petitioner after the K-1 nonimmigrant visa applicant is admitted to the United States.
- Conditional Resident. If you obtain a waiver in connection with an application for lawful permanent residence on a conditional basis under INA section 216 or INA section 216A, the validity of the waiver automatically ceases with the termination of such residence. No separate notification of termination of the waiver is needed, and you cannot appeal the termination of the waiver. However, if the immigration judge determines that you are not removable based on the termination of your conditional resident status, the waiver will become effective again.
- TPS Applicant. If you obtain a waiver in connection with Form I-821, Application for Temporary Protected Status, the waiver is only valid for the TPS application. If granted, the waiver will apply to subsequent TPS re-registration applications, but not to any other immigration benefit requests.