INADMISSIBILITY Waivers (I-601 and I-601A Waivers)

Application for a waiver of inadmissibility grounds are tedious to prepare and take a significant amount of expertise to be sucessful. These waivers on average take between 3-4 years to be approved. Careful preparation is required, supplemented with voluminous  supporting evidence. Due to the application complexity, it is wise to seek out an attorney with expertise in application for such waivers. Contact Mr. Cornett's office today to get started.

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Some persons who have been found ineligible for a visa under the Immigration and Nationality Act (INA) may file an application for an immigration waiver based on the ground(s) of inadmissibility. Findings of ineligibility can be made by a Consular Officer or by a US Citizenship and Immigration Service (USCIS) Officer. If you believe that one or more grounds of ineligibilities (described below) may exist for you, you should always discuss your case with an immigration attorney before you even begin the application process. Never leave the United States until you have sought advice from an immigration attorney. Such inadmissibility waivers may be approved in instances even where the alien spouse/relative has never been legally in the country. 

Grounds of inadmissibility include the following

•  Health-Related Grounds 
•  Criminal and Related Grounds 
•  Security and Related Grounds 
• Inadmissibility for Violations of Immigration Law or Procedure Grounds
• Public Charge Grounds
• Unlawful presence

To qualify for either of the waivers, the applicant must establish that their US citizen or lawful permanent resident spouse or parent would experience “extreme hardship” if the applicant was not allowed to return to the U.S. after a trip abroad.  

What Is a Waiver of Unlawful Presence & Am I Eligible?

The provisional waiver is a type of pardon that is available for certain undocumented immigrants who are parents or spouses of lawful permanent residents or U.S. citizens. Specifically, the waiver applies to those who have been residing in the US for several years after entering the country illegally. Based upon current laws, individuals who enter the U.S. illegally must travel to a U.S. consulate abroad to receiving their green card.

Prior to these changes, if such an individual left the U.S. for their consular interview, they would be automatically denied and would be subject to either a three (3) or ten (10) year ban from receiving any type of visa benefit. After such a denial, the individual would be ineligible to return to the U.S unless they applied for and were granted an I-601 waiver at the consulate abroad. Depending on the Consulate, these waits could last for many many months and would result in long periods of separation from his or her family.

The new regulations now allow such individuals to remain in the U.S. and apply for a waiver of inadmissibility due to unlawful presence before leaving. Once this waiver is approved, the intending immigrant then departs the U.S. to attend their consular interview and, assuming approval at the conclusion of the interview, re-enters without the long separartion from family. Note the I-601A waiver will only cure illegal entry. If there is another ground of inadmissibility, such as a criminal conviction, fraud, or prior orders of removal, then an additonal waiver application is required.

Am I Eligible for the Waiver for Unlawful Presence (I-601A)?

Eligibility for the waiver is limited to people that meet specific criteria:

• Present for Application Submission & Status Adjustment Interview: The      person applying for the waiver is present in the USA at the time the application is submitted and will remain present in the US at least until the interview is scheduled by consular staff.
• Beneficiary of an Approved Immigrant Visa: The applicant must be the beneficiary of an approved immigrant visa filed by a family member (such as a husband, wife, parent or child over 21 or sibling) who is a U.S. citizen or lawful permanent resident. The qualifying relative who will experience "extreme hardship" must be a U.S. citizen or lawful permanent resident parent or spouse.
• No Final Order of Deportation Present: In addition, the applicant must not have a final order of deportation. One may apply for the waiver if deportation proceedings are still open or the proceedings have already been terminated or administratively closed.

Evidence of Extreme Hardship
Approval of an I-601 or I-601A waiver application requires a finding that the refusal of admission to the United States of the intending immigrant would result in extreme hardship to a qualifying relative. In general, a qualifying relative for the purpose of a waiver may be a spouse or parent who is a United States citizen or a lawful permanent resident.

All claims of extreme hardship must be supported by documentary evidence or explanation specifying the hardship. Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship. Therefore, it is important for the qualifying relative to describe and document any other claim that might be a hardship.

Extreme hardship can be demonstrated in many aspects of the qualifying relative’s life such as:

• HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in the applicant’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.
• FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).
• EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
• PERSONAL CONSIDERATIONS - Close relatives in the United States and /or the applicant’s country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
• SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
• Any other situation that the applicant feels may help meet the burden of extreme hardship.