How to Win Your Immigration Waiver – 9 Things You Must Know

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:

  • Crimes
  • Fraud
  • 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:

  1. Family ties in the United States of the qualifying relative
  2. Family ties abroad of the qualifying relative
  3. Conditions of health of the qualifying relative
  4. Length of residence in the United States of the qualifying relative
  5. Conditions in the county to which the alien would be returned
  6. Alien and petitioner’s financial status (business/economic ties)
  7. Financial impact of departure from the United States
  8. Alien’s ties to the community and involvement therein
  9. 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.

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.

Do you have a question about Visas & Waivers?

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