The form I-601 is used to apply for a waiver under the United States immigration laws. The most common grounds applied to be waived are grounds of inadmissibility based on overstaying your visa by more than six months or more than one year. These waivers are provided for under Section 212 of the Immigration and Nationality Act. Approval of such application requires a finding that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the United States citizen or lawful permanent resident spouse or parent of such I-601 applicant. (If you do not know what a waiver is click here for more information)
That extreme hardship must be demonstrated both if the United States citizen or lawful permanent resident spouse or parent remains in the United States or if s/he relocates to the country in which the I-601 applicant currently resides. Approval also requires a favorable exercise of discretion from the Secretary of the Dept. of Homeland Security. This requires a weighing of all factors, the favorable against the unfavorable, in each case.
All claims of hardship must be supported by documentary evidence or explanation specifying the hardship. Family separation and financial inconvenience, in and of themselves, may not constitute extreme hardship. Therefore, it is important for your spouse or parent to describe and document any other claim that might be a hardship. If there was a prior order of deportation or removal a I-212 waiver may be required as well.
USCIS will adjudicate your I-601 waiver based on the documentary evidence you submit . A waiver of section 212 of the Immigration and Nationality Act is dependent first upon a showing that the bar imposes an “extreme hardship” on a qualifying family member.
Extreme hardship can be demonstrated in many aspects of your spouse or parent’s life such as:
a. HEALTH –
Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.
b. 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).
c. 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.
d. PERSONAL CONSIDERATIONS –
Close relatives in the United States and /or your country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
e. 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.
Understand that a successful waiver application requires showing USCIS all of the legal elements above and that in its discretion USCIS should not enforce part of the immigration law against your family member.
Where to Get Help with I-601 Waiver
When it comes to waivers the stakes are to high not to go with an experienced lawyer. Our highly trained and experienced immigration lawyers will analysis your situation and draft a waiver application that proves eligibility.
We focus our practice on immigration law, current immigration policies, and helping people just like you, every day. We will listen to your concerns and answer your questions; you are not alone.
Your next step is to contact our office: 513-791-1673, Thomasjr@geygan.com or filling out the form below.