What is an I-601 Waiver?
A common misconception non US citizens have is that they can easily solve there immigration problems by marrying a US citizen. In certain cases this may be the answer, however, if the non US citizen is deemed to be "inadmissible" they are going to have further complications. In such situations an I-601 waiver of grounds of inadmissibility may be appropriate.
When is an I-601 Waiver needed?
The most common reason people need a waiver is that they entered the country illegally or triggered the 3 or 10 year unlawful presence bar by overstaying there visa.
What do you need to show to obtain an I-601 Waiver?
Generally an I-601 waiver requires a showing that a "qualifying" US citizen or Lawful Permanent Resident relative would suffer "extreme hardship" if you are not allowed to enter the US.
Who is the qualifying relative?
It depends but generally the relative must be a spouse, parent, or child who is a US citizen or LPR.
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What is Extreme Hardship?
Extreme hardship is more than the difficulties a couple would normally have if separated.
Some factors that the government considers are:
HEALTH €" A physical or mental condition that requires continual treatment.
FINANCIAL €" Future employability and financial losses if the waiver of inadmissibility is not approved.
PERSONAL €" Hardships that close relatives will suffer if the waiver of inadmissibility is denied.
EDUCATION €" If education goals cannot be met, it may be a factor considered toward extreme hardship.
SPECIAL FACTORS €" Cultural, language, religious, and ethnic issues.
Can anyone file a 601 waiver request?
No, there are certain inadmissibility issues which cannot be waived or which cannot be waived with a 601 waiver. You need to speak with an immigration attorney to determine if an I-601 waiver is correct for you.
Is there a new law regarding 601 waivers?
There may be soon. A provisional measure may allow for the adjudication of 601 waivers while the applicant remains in the United States. Upon approval they will still have to return to their country for further processing but their total wait time will be much less. However, as of May, 2012 this is not yet law, it is simply a proposal.
How do I pursue an I-601 waiver?
Please do not attempt to file this yourself. This can lead to complications and possibly deportation. You will need to find a qualified professional to help you with this. The first step is to determine if it is even a viable option for you. My firm, Misiti Global, PLLC handles these types of cases. We offer free telephonic consultations and will offer an opinion on whether the 601 waiver is an option for you for a small fee. You can contact us at 212 537 4407 or fill out the form on our website, http://www.misitiglobal.com for more information.
A common misconception non US citizens have is that they can easily solve there immigration problems by marrying a US citizen. In certain cases this may be the answer, however, if the non US citizen is deemed to be "inadmissible" they are going to have further complications. In such situations an I-601 waiver of grounds of inadmissibility may be appropriate.
When is an I-601 Waiver needed?
The most common reason people need a waiver is that they entered the country illegally or triggered the 3 or 10 year unlawful presence bar by overstaying there visa.
What do you need to show to obtain an I-601 Waiver?
Generally an I-601 waiver requires a showing that a "qualifying" US citizen or Lawful Permanent Resident relative would suffer "extreme hardship" if you are not allowed to enter the US.
Who is the qualifying relative?
It depends but generally the relative must be a spouse, parent, or child who is a US citizen or LPR.
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What is Extreme Hardship?
Extreme hardship is more than the difficulties a couple would normally have if separated.
Some factors that the government considers are:
HEALTH €" A physical or mental condition that requires continual treatment.
FINANCIAL €" Future employability and financial losses if the waiver of inadmissibility is not approved.
PERSONAL €" Hardships that close relatives will suffer if the waiver of inadmissibility is denied.
EDUCATION €" If education goals cannot be met, it may be a factor considered toward extreme hardship.
SPECIAL FACTORS €" Cultural, language, religious, and ethnic issues.
Can anyone file a 601 waiver request?
No, there are certain inadmissibility issues which cannot be waived or which cannot be waived with a 601 waiver. You need to speak with an immigration attorney to determine if an I-601 waiver is correct for you.
Is there a new law regarding 601 waivers?
There may be soon. A provisional measure may allow for the adjudication of 601 waivers while the applicant remains in the United States. Upon approval they will still have to return to their country for further processing but their total wait time will be much less. However, as of May, 2012 this is not yet law, it is simply a proposal.
How do I pursue an I-601 waiver?
Please do not attempt to file this yourself. This can lead to complications and possibly deportation. You will need to find a qualified professional to help you with this. The first step is to determine if it is even a viable option for you. My firm, Misiti Global, PLLC handles these types of cases. We offer free telephonic consultations and will offer an opinion on whether the 601 waiver is an option for you for a small fee. You can contact us at 212 537 4407 or fill out the form on our website, http://www.misitiglobal.com for more information.
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