Claiming Hardship Waivers

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I-601 Application for Waiver of Grounds of Inadmissibility

The I-601 application applies to certain aliens who under certain grounds of inadmissibility, circumstances, or conduct prevent them from being otherwise admissible to the U.S.

The I-601 application, if approved, allows inadmissible non-citizen aliens to:

  1. Immigrate to the US
  2. Adjust their status to permanent residence

OR

  • seek admission to the US in a nonimmigrant status
You CAN apply for the waiver if;
  1. You have at least one qualifying relative through which you are making your claim for the waiver
    1. Qualifying relative(s);
      1. may include a US citizen or Lawful Permanent Resident (LPR) spouse or parent.
  2. You establish that your qualifying relative(s) would suffer an ‘extreme hardship’ if you were to be refused admission to the United States.
    1. Qualifying hardship;
      1. the qualifying relative’s health especially as it relates to ongoing or specialized treatment for a physical or mental condition, availability and quality of care of such treatment abroad, duration of treatment, duration of treatment, ability for the qualifying relative to take care of themselves criminal history
      1. financial hardship especially as it relates to a decline in the standard of living for the qualifying relative and his or her children, protection in a foreign country, financial losses, cost of care for sick, elderly, or special needs children
      1. loss of opportunity to receive high quality education
      1. availability of similar employment abroad for the qualifying relative
      1. the applicant’s immigration history
      1. family ties to the United States especially taking into consideration family separation, ages of children
      1. good moral character
      1. bona fide hardships, the degree of the hardships, evidence in support of the hardship
      1. and length of time the applicant has lived in the United States lawfully or unlawfully when reviewing a waiver request.
Grounds of Inadmissibility that can be waived with a I-601 waiver Application
  1. INA section 212(a)(1) Health-related grounds of inadmissibility;
  2. INA section 212(g)(1) Health-related grounds of inadmissibility due to a communicable disease of public health significance defined in 42 CFR 34.2(b) including Class A tuberculosis, chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, syphilis (infectious), leprosy (infectious), etc;
  3. INA section 212(g)(2)(C) LPR applicants seeking an exemption of a vaccination requirement based on religious beliefs or moral convictions;
  4. INA section 212(g)(3) Physical or mental disorder associated with harmful behavior that poses, has posed, or will pose a threat to your safety, property, or welfare and that of others;
  5. INA section 212(2)(2) Certain criminal grounds of inadmissibility;
  6. INA section 212(a)(6)(c) Immigration fraud and misrepresentation;
  7. INA section 212(a)(3) Immigrant membership in a totalitarian party;
  8. INA section 212(a)(6)(E) Alien smugglers;
  9. INA section 212(a)(6)(F) Aliens subject to a civil penalty;
  10. INA section 212(a)(9)(B) Aliens subject to the 3-year or 10-year bar due to unlawful presence in the United States;

I-601A Application for Provisional Unlawful Presence Waiver

Qualifying immediate relatives including a United States Citizen spouse or parent must file Form I-601A in order to seek a waiver of unlawful presence on behalf of their alien relative based on grounds of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA). To be ELIGIBLE you must be ;

a) the beneficiary of an approved Form I-130 Petition for Alien Relative or Form I-360 Petition for Amerasian, Widow(er), or Special Immigrant

b) at least 17 years of age at the time of filing

c) are physically present in the United States, and

d) have accrued unlawful presence for a period of 180 days or more but less than one year for a single stay as required by INA section 212(a)(9)(B)(i)(I)) or for a period of one year or more for a single stay as required by (INA section 212(a)(9)(B)(i)(II).

You cannot file the I-601A application with any other applications.

You are NOT ELIGIBLE for the I-601A Provisional Waiver if:

  1. You have a Form I-485, Application to Register Permanent Residence or Adjust Status, pending with USCIS;
  2. You are in removal proceedings, unless your removal proceedings are administratively closed AND have not been placed back on the Department of Justice, Executive Office for Immigration Review (EOIR), calendar to continue your removal proceedings at the time of filing of Form I-601A. Removal proceedings are not considered terminated until EOIR terminates or dismisses the case. This involves taking your case off of the EOIR calendar for a hearing. If you are unsure if this is the case, please contact the EOIR or consult an accredited attorney to verify this for you.;
  3. You are subject to a final order of removal, exclusion, or deportation that has been entered or issued against you, or you are subject to reinstatement of a prior order under INA section 241(a)(5);
  4. DOS initially acted before January 3, 2013, to schedule your immigrant visa interview for the approved immediate relative petition upon which your Form I-601A is based;
  5. You fail to establish the extreme hardship component to an I-601A provisional waiver application and that your case warrants ‘favorable exercise of discretion’ by providing documented evidence of your good moral character, contribution to your community, ties to the United States, achievements, and other favorable characteristics. In order to qualify, you must establish that refusal to admit you to the United States would result in extreme hardship to your U.S. citizen spouse or parent if the U.S. citizen spouse or parent chooses to remain in the United States without you or chooses to relocate abroad to reside with you outside of the United States. and
  6. USCIS has reason to believe that you may be subject to grounds of inadmissibility other than unlawful presence under INA section 212(a)(9)(B)(i)(I) or (II) at the time of your immigrant visa interview for consideration of the provisional waiver with a consular officer;

The waiver application process may seem daunting. With the right team on your side you can rest assured that your case is being handled properly and prepared effectively.  We have years of experience in preparing and filing waivers, and our success rate speaks for itself. Please do not hesitate to give us a call. We are here to help.

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