I-601 Waiver
Why do you need an immigration lawyer in San Diego, California?
The I-601 waiver can be granted if you are considered inadmissible to enter the United States and wish to apply for an immigrant visa, adjustment of status, or other immigration benefits. To do so, you must submit a form to begin the process.
You need an immigration attorney to resolve your situation because applying for an I-601 Waiver is complex and requires specialized knowledge of United States immigration laws. An immigration attorney at Kannan Law in San Diego, California, can help you gather the necessary documentation to demonstrate that your absence from the country would cause extreme hardship to a U.S. citizen. Additionally, an attorney experienced in these types of cases can advise you on preparing a strong and compelling application, thus increasing your chances of success.
Additionally, they can represent their clients during the I-601 Waiver application process, communicate with relevant authorities on their behalf, and advocate for their rights and interests. Since the future of your immigration status and family reunification are at stake, having the assistance of an immigration attorney can be crucial so that you can remain with your spouse in the United States legally and safely.
If you are in a similar situation, we recommend contacting an immigration attorney in San Diego.
Under the I-601 Waiver, which is part of Section 212(a)(9)(B)(v) of the Immigration Nationality Act, “misrepresentation” and “unlawful presence” is waived as grounds for inadmissibility for people from other countries who have a spouse or parent who is a legal permanent resident or US citizen. The exemption may also apply to individuals whose fiancé(e)s are US citizens, by 8 CFR 212.7(a)(1)(i) and 9 FAM 41.81 N9.3(a).
Please note that the I-601 waiver can waive other grounds of inadmissibility, including smuggling and certain criminal convictions. This discussion will be limited only to “misrepresentation” and “unlawful presence.”
The only requirement is that the non-U.S. citizen clearly demonstrate that their spouse or parent, who is a US citizen or legal permanent resident (also known as a “qualified relative”), is at risk of “extreme hardship” if they are separated. In the alternative, the applicant may also prove the extreme hardship that the qualifying family member would face if they were forced to relocate to the applicant’s home country.
I-601 Extreme Hardship Waiver
Under the extreme hardship exemption, foreign nationals must demonstrate the likelihood of suffering from their US citizen parent or lawfully permanent spouse if they are denied the opportunity to be together (known as the “qualifying relative”).
The foreign person’s hardship is considered only if it becomes a hardship for the parent or spouse who is a legal permanent resident of the United States.
US Citizenship and Immigration Services (USCIS) officers generally consider the following factors when weighing whether extreme hardship exists in individual cases:
- Health Problems: The health of the relative who is requesting extreme hardship consideration: whether the relative needs specialized or ongoing treatment for a mental or physical condition; the condition of the foreign nation’s country and the availability and quality of necessary treatment; the time until which the treatment will be necessary; and the nature of the condition (is it chronic or acute, or short-term or long-term?).
- Financial stability: Employability of the applicant; any loss that may have accrued due to the sale of a business, the disposal of a home, or the termination of employment; decreased standard of living; ability to recover from short-term losses; the amount of money needed for special needs, such as special education and training for children; the costs that are associated with caring for family members, such as the elderly and indisposed parents.
- Education: Opportunities for higher education, quality and scope of educational options available, interruption of current studies, loss of time in degree due to the presence of requirements to be educated in a foreign culture or language, special requirements such as the need for internships or training in specialized fields.
- Personal considerations: Separation from children or spouse; the ages of the people being considered; availability of close relatives in the US and/or in the foreign country; strength and duration of residence of community ties in the US.
- Special Considerations: Ethnic, cultural, linguistic and religious concerns; fear of persecution, physical harm, injury, social ostracism, or stigma in the applicant’s country of origin; availability of social structures and institutions.
- Anything else that may be relevant: Explain how the personal circumstances of a non-U.S. citizen can cause extreme hardship to a relative who is a legal permanent resident or US citizen.
Other circumstances that suggest extreme difficulties:
- The qualifying relative was previously granted asylum or refugee status.
- The Department of State warnings against travel to or residence in the applicant’s home country.
- The qualifying relative suffers a disability that requires them to remain in the United States. (A formal investigation by a US government agency would be helpful; if not, provide documentary evidence that the qualifying relative has a medical disability for which relocation to another country would worsen their condition.)
- Risk of displacement by the applicant’s children;
- Active military service of a qualified family member.
When it comes to married people, the requirement is that they can demonstrate that separation will cause further hardship or financial inconvenience.
For more detailed information, review the USCIS policy manual regarding “extreme hardship.”
File the I-601 application with the filing fee and accompanying supplemental evidence that meets the established requirements, including, but not limited to, statements of economic hardship and evidence related to the extreme hardship that the qualifying relative would suffer.
At Kannan Law, we have experience dealing with different types of exemptions. From the first consultation to the conclusion of your case, we will guide you through the complex legal system to prepare your waiver application.
Each statement requires you to tell your story to the officer reviewing your case. This takes time. At Kannan Law, we will dedicate the time, patience, and professionalism necessary to prepare the best possible application on your behalf. This is a unique collaboration between you and us. We look forward to meeting you and your family. Therefore, we will put you in the best possible position to tell your story in your own words to the officer. If you need legal assistance contact us immediately, we can help you.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.Frequently Asked Questions
Why do I need an immigration lawyer in San Diego, California?
The I-601 Waiver may be granted to those deemed inadmissible to enter the United States who wish to apply for an immigrant visa or other benefits. The process is complex and requires specialized knowledge of US immigration law. An immigration attorney can help gather the necessary documentation, advise on preparing a strong application, and represent clients during the process.
When can the I-601 waiver apply?
The waiver applies to people deemed inadmissible due to “misrepresentation” and “unlawful presence” who have a US citizen or lawful permanent resident spouse, parent, or fiancé. The applicant must demonstrate that their absence would cause extreme hardship to their qualifying family member or that the qualifying family member would face extreme hardship if they are forced to relocate
What is considered extreme hardship under the I-601 Waiver?
Extreme hardships may include health issues, financial stability, education, personal and special considerations, and other factors. Additional circumstances are also considered, such as prior asylum granting, Department of State travel warnings, and active military service of the qualifying family member.
How is the I-601 waiver application prepared and submitted?
The application is submitted with the applicable fee and required evidence, including statements of financial hardship and evidence related to the extreme hardship the qualifying family member would face. An immigration attorney can guide you through this process, dedicating the time and professionalism necessary to prepare the best application possible.
What role does an immigration attorney play in the I-601 waiver application process?
An immigration attorney can provide expert advice, compile the necessary documentation, prepare a strong application, represent clients during the process, and advocate for their rights and interests before the relevant authorities. Her experience can increase the chances of success and ensure the process is carried out legally and safely.