Being considered “inadmissible” to the United States can be stressful and frightening. Many people may believe they will never be able to live in the United States legally. There are a variety of reasons why people are deemed inadmissible to the United States. Most I-601 waiver applicants are deemed inadmissible for the following reasons:
- Being present in the United States for longer than legally allowed;
- Gaining entry into the United States based on misrepresentation; or
- Having a criminal record
Immigration law is very strict, so being able to obtain an I-601 waiver is essentially giving you a second chance to live in the United States legally, so long as you can prove extreme hardship. United States immigration law allows certain “qualifying” relatives to petition on behalf of the loved one seeking to obtain an I-601 waiver.
Who Is A Qualifying Relative?
If the inadmissible individual is living unlawfully in the United States and is barred from re-entering the United States for a period of three or ten years, a qualifying relative is a United States citizen or lawful permanent resident spouse or parent. If the inadmissible individual gained entry into the United States by misrepresentation (i.e., lying on a visa application), a qualifying relative is also a United States citizen or lawful permanent resident spouse.
If someone is inadmissible to the United States because of a criminal record, the qualifying relative not only includes a United States citizen or lawful permanent resident spouse. A qualifying relative can also be the son or daughter of the inadmissible alien. Further, a qualifying relative may also be a United States citizen if he or she is the fiancé(e) of the inadmissible alien.
Whoever the qualifying relative may be, it is imperative to have documentation that proves the relationship exists. Documentation proving a relationship exists between a qualifying relative and an inadmissible alien includes, but is not limited to, the following:
- Birth certificate;
- Marriage license/certificate;
- Examples of communication between the qualifying relative and the inadmissible alien, such as emails, text messages, letters, cards, etc.;
- Photographs of the qualifying relative and the inadmissible alien; and
- Statements from other family members and friends attesting to the relationship between the qualifying relative and the inadmissible alien
When seeking to obtain an I-601 waiver, there is very little room for error. You need your application to be as flawless and possible, and you want your documentation to demonstrate the required extreme hardship. While you and your loved ones are allowed to petition for an I-601 waiver without the help of an immigration attorney, an attorney can ensure you will not make a mistake that could lead to a denial of the application. An immigration attorney will streamline the process for you to take away some of the stress and anxiety that naturally comes along when going through the United States immigration process.
Contact the Immigration Attorneys of Geygan & Geygan, Ltd. Today to Schedule a Free Consultation
Obtaining an I-601 waiver can be extremely challenging, but is worth the stress and wait for those who wish to stay in the United States with their loved ones. If you or a loved one is deemed inadmissible and wish to obtain an I-601 waiver that allows you or your loved one to legally reside in the United States, you should seek the advice of a seasoned immigration attorney to help you with the waiver application process. The immigration attorneys of Geygan & Geygan, Ltd. focus their practice on helping individuals obtain the necessary documentation they need to enter and/or remain in the United States legally. To schedule your free consultation with one of our immigration attorneys, contact Geygan & Geygan, Ltd. today by calling (513) 791-1673.