Whether you are seeking a green card as an applicant outside the US, applying for an immigrant visa at a consular office, OR a person applying for adjustment of status in the US, you have a definite problem to overcome if you need an immigration waiver.
Immigration waivers are filed on Form I-601 and required for a number of reasons (known as grounds of inadmissibility), such as:
- Ten Year Unlawful Presence Bar (known in Spanish as “el castigo de diez años”)
- Health-Related Grounds
Overseas, you may file your immigration waiver with your application for consular processing OR
file the 601 in the US after ineligibility is determined by consular officer
NOTE: THIS IS NOT THE SAME AS THE NEW I-601A WHICH IS DISCUSSED IN OTHER BLOG POSTS!
How to Win Your Immigration Waiver: Do Not Try to Do It Yourself.
See the best immigration lawyer you can find, an attorney with great experience in winning I-601s.
You should provide an evidence packet that ties together all arguments with documentation
The Fee is $585.
For Crimes (in the last 15 years), Fraud, Ten Year Bar and Health-Related Grounds: You need a Qualifying Relative and to prove Extreme Hardship to that Qualifying Relative
For Crimes that Occurred More than 15 Years Before Application Date: You must show that admission would not be contrary to national welfare, safety, or security AND rehabilitation.
WHO IS THE QUALIFYING RELATIVE?
- Crimes: US Citizen or Green Card Holder spouse, parent, or child
- Fraud: US Citizen or Green Card Holder spouse or parent
- Unlawful Presence Bar: US Citizen or Green Card Holder spouse or parent
- Health-Related Grounds: US Citizen or Green Card Holder spouse, parent, or child
WHAT IS “EXTREME HARDSHIP?”
Factors to be considered include, but are not limited to:
- Family ties in the United States of the qualifying relative
- Family ties abroad of the qualifying relative
- Conditions of health of the qualifying relative
- Length of residence in the United States of the qualifying relative
- Conditions in the county to which the alien would be returned
- Alien and petitioner’s financial status (business/economic ties)
- Financial impact of departure from the United States
- Alien’s ties to the community and involvement therein
- Alien’s immigration history
Winning Your Immigration Waiver can be Tough.
However, with the assistance of a top immigration lawyer, it can be accomplished and you can be granted a green card after the immigration waiver.