Why Immigration Waivers Get Denied: Top 3 Reasons

This article will discuss the newest immigration waivers – provisional waivers of the ten year bar, known as I-601As – that went into effect in March 2013.

Recent reports show that about 70% of these immigration waivers are getting granted, which is not bad, but there could be a higher grant rate with proper preparation.

Here is what we know so far about 601A and why Immigration Waivers get denied.

1) No Extreme Hardship – this may sound obvious, but it appears to be the most prevalent basis for denial. Unfortunately, some officers are not being reasonable in reviewing these cases.  As such, they are not finding extreme hardship to qualifying relatives, typically United States citizen spouses.  The problem is that the standard is not being applied properly.  Moreover, appeals are not allowed. Click here for more information on Extreme Hardship, or check out my video on the topic.

The Good News: we can refile 601As and make them stronger by addressing the reasons why immigration waivers get denied the first time.

2) Reason to Believethis issue is most unfortunate.  Officers seem to be applying an unreasonable review in denying some 601As – where applicants have, for example, been arrested – even when the run-in with the law is not a ground to deny a case.  The approach one might take here:  demonstrate that there is no actual crime. Alternatively, if there was an offense, show that it was not serious enough to deny a green card.

The Good News: this is a complex issue, but an experienced and top rated immigration lawyer should be able to help and USCIS has revisited the analysis since the initial denials. At our firm we frequently dissect why immigration waivers get denied.

3) Not Enough Evidence – this pattern has emerged already in a number of 601A denials that I have reviewed in consultations. Cases were prepared by people who did not consult with the right lawyer or tried to file on their own.  When you submit an immigration waiver, you cannot merely attach a handful of exhibits and hope for the best.  We have cases with anywhere between 20 and 100 supporting hardship documents.  Remember too, that quantity is not sufficient on its own, and you need quality. Without substance, you learn quickly why immigration waivers get denied.

Look. It’s still relatively early.  We must maintain an optimistic view on the 601A.

Our firm has successfully won 601A waivers for nationals from eleven countries already. This list is not limited to Latin America but also includes Poland and Nepal.

The development of the 601A immigration waiver means that immigrants may go through a multi-step procedure towards a green card without leaving the US to wait for a decision. Nobody wants to lose. However, things should get better as we learn more about why Immigration Waivers get denied.

Mistakes to Avoid When Applying for 601A Waiver!

  • PLEASE do not go to a travel agency for immigration advice.
  • Also, avoid law firms that handle “some” immigration cases along with other types of legal matters.
  • Do not try to do it yourself.

You need a superior immigration law firm with a great deal of experience exclusively handling these types of cases. This is not like applying for an easy open and shut case, as All immigration law cases are complex no matter what anyone says.

Get help from a firm that specializes in this kind of law, one that has a proven track record in understanding why immigration waivers get denied and how to WIN.

Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS. He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers.

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