By: SwagatUSA, LLC April 4, 2023

What is the Process Involved in Obtaining an I-601 Hardship Waiver?

What Qualifications Are Necessary to Obtain an I-601 Hardship Waiver?

If an individual has been deemed inadmissible to the U.S. but has immediate family members who are U.S. citizens, they may file for an I-601 hardship waiver. In most cases, individuals in this country unlawfully or meet other legal criteria may be eligible to try and qualify for these provisional waivers.

Nevertheless, to apply for the I-601 waiver, the applicant must submit evidence that being denied admission to the U.S. would result in undue hardship for the U.S. citizen or permanent resident sponsoring them.

The applicant must submit proof of the following to be considered for an I-601 waiver:

Proof of a family relationship with a U.S. citizen or permanent resident.
Current health conditions or need for treatment.
The financial impact of separation or relocation away from family members.
Medical reports
Police reports and court records that detail criminal charges and convictions.
Evidence that relocation could cause you to suffer significant harm.
Evidence that would support the applicant’s claim that they do not pose a risk to national security.

Additionally, family members would need to submit affidavits that pledge their support for the application.

What Are Some Common Reasons That I-601 Waivers Are Denied?

There are several reasons why an I-601 hardship waiver can be denied. An immigration officer will be responsible for reviewing the application, so it is vital they have a clear understanding of your situation.

Some of the most common reasons cited for the denial of an I-601 waiver include:

Lack of supporting evidence that supports your hardship claim.
Missing documentation
The application is filled out incorrectly or missing vital information.
No substantiated relationship between a permanent resident or a U.S. citizen.

You must be fully prepared for your interview with the immigration officer so they can understand you need to be granted an I-601 waiver. Our immigration attorneys can advise you regarding the interview process and how to feel confident when answering questions.

How Long Does it Take to Process a Hardship Waiver?

The average time to fully process an I-106 hardship waiver can take anywhere from 31.5 to 34 months. During the review process, the application will be thoroughly reviewed by the USCIS, so it is vital that you submit all necessary documentation and statements correctly. Failure to include supporting documentation or incomplete paperwork may lead to more time-consuming delays.

If your application is denied, you can appeal the decision or file Form 1-290B to have the application reviewed for reconsideration.
If approved for a waiver, you must return to your country of origin to apply for a green card through consular processing.

In most instances, if a waiver is granted, it is valid indefinitely. However, in some cases, the waiver is only granted for a predefined time period to coincide with specific events disclosed in your application. If the time designated in your waiver runs out, you must apply for a new waiver.

How Can an Immigration Lawyer Help Me With the Apply For an I-601 Hardship Waiver?

You do not need an attorney to file an I-106B hardship waiver. However, it is best to consult with an experienced immigration law attorney who can guide you through the process. The paperwork involved in filing for the waiver can be overly complex and is often challenging to try and complete independently.

Nevertheless, a knowledgeable lawyer can assist you with the paperwork, ensure you have all the necessary documentation, and help you prepare for your interview. Contact SwagatUSA LLC at 773-825-8695 and allow us to assist you on your path to citizenship.