Recent News
USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
Clients Comments
I-601 Hardship Waiver
What is an Extreme Hardship Waiver
The I-601 waiver, also known as the Application for Waiver of Grounds of Inadmissibility, is a crucial legal remedy offered by USCIS. This waiver serves as a lifeline for individuals who are otherwise ineligible for a visa or admission into the United States due to certain grounds of inadmissibility. It acts as a potential solution for applicants facing obstacles related to various immigration violations, criminal convictions, fraud, health-related issues, or other grounds for inadmissibility. This is waiver is used if you are found inadmissible under the following INA sections:
- 212(a)(1)(A)(i) Communicable Disease
- 212(a)(1)(A)(ii) Lacking Required Vaccinations
- 212(a)(1)(A)(iii) Physical or Mental Disorder
- 212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude (CIMT)
- 212(a)(2)(A)(i)(II) Controlled Substance Violations (Drug Crimes)
- 212(a)(2)(B) Multiple Criminal Convictions
- 212(a)(2)(D)(i) Prostitution
- 212(a)(2)(D)(ii) Pimping or Procuring a Prostitute
- 212(a)(2)(D)(iii) Commercialized Vice
- 212(a)(2)(E) Asserted Immunity from Prosecution
- 212(a)(3)(D) Membership in Totalitarian Party
- 212(a)(6)(C)(i) Misrepresentation
- 212(a)(6)(C)(ii) False Claim to US Citizenship
- 212(a)(6)(E) Smugglers
- 212(a)(6)(F) Civil Penalty under INA 274C
- 212(a)(9)(B) Unlawful Presence
Who is Eligible for an I-601 Waiver?
The specific grounds of inadmissibility for which you can apply for an I-601 waiver include:
Unlawful Presence: Individuals who have accrued unlawful presence in the United States may be subject to a three- or ten-year bar upon departure. The I-601 waiver can be used to waive these bars, allowing the individual to seek reentry or adjustment of status.
Certain Criminal Offenses: If an individual has been convicted of certain crimes, they may be inadmissible to the United States. The I-601 waiver can be used to overcome inadmissibility related to specific criminal convictions.
Fraud or Misrepresentation: If an applicant for a visa or green card has engaged in fraud or willful misrepresentation in their application or supporting documents, they can be found inadmissible. The I-601 waiver can be used to overcome this ground of inadmissibility.
Health-Related Grounds: Some medical conditions or diseases can make an individual inadmissible to the United States. The I-601 waiver can be used to seek an exemption based on medical grounds.
Other Grounds: The I-601 waiver can be used to address various other grounds of inadmissibility, such as violations of immigration law, prior removal or deportation, and more.
I-601 Waiver Requirements
The requirements for an I-601 waiver (Waiver of Grounds of Inadmissibility) can vary depending on the specific ground of inadmissibility you are seeking to waive and your individual circumstances. However, there are some general requirements and considerations for obtaining an I-601 waiver:
- Eligibility for an Immigrant Visa or Adjustment of Status: To apply for an I-601 waiver, you must be eligible for an immigrant visa or an adjustment of status to that of a lawful permanent resident (green card holder). This means you must have a qualifying family relationship or employment opportunity that allows you to pursue immigration benefits.
- Demonstration of Inadmissibility: You must show that you are inadmissible to the United States based on one or more specific grounds, such as unlawful presence, certain criminal convictions, fraud or misrepresentation, health-related issues, or other applicable grounds.
- Qualifying Relative: For most I-601 waiver applications, you will need to demonstrate that your approval is necessary for the “extreme hardship” of a qualifying relative who is either a U.S. citizen or lawful permanent resident spouse or parent. Extreme hardship is a critical factor in these cases, and you will need to provide evidence of how the denial of your waiver would cause such hardship to your relative.
- Eligibility for a Waiver: You must meet the eligibility criteria specific to the ground of inadmissibility you are addressing. For example, if you are applying for an unlawful presence waiver, you must show that your U.S. citizen or lawful permanent resident relative would suffer extreme hardship if you were not allowed to enter or remain in the United States.
I-601 Waiver Processing
The processing for an I-601 waiver (Waiver of Grounds of Inadmissibility) typically involves several steps. Here’s an overview of the process:
- Eligibility Assessment: Before starting the waiver application process, it’s essential to determine your eligibility for the waiver. You should consult with an experienced immigration attorney to assess your case, identify the specific ground of inadmissibility you are seeking to waive, and determine whether you meet the necessary requirements.
- Gather Documentation: Collect all the required documentation and evidence to support your waiver application. This may include affidavits, letters, financial records, medical records, and any other evidence to demonstrate the extreme hardship your qualifying relative (U.S. citizen or lawful permanent resident spouse or parent) would face if the waiver is not granted.
- Complete Form I-601: Fill out Form I-601, Application for Waiver of Grounds of Inadmissibility. Make sure to complete the form accurately and include all relevant information. If you make a mistake on the form, it can delay the processing of your application.
- Pay the Filing Fee: Pay the required filing fee for Form I-601. You can check the U.S. Citizenship and Immigration Services (USCIS) website for the current fee amount and payment instructions.
- Submit the Application: Mail your completed Form I-601, along with all required documentation, to the appropriate USCIS address. Be sure to include a copy of any USCIS notice or letter that indicates the basis for inadmissibility.
- Biometrics Appointment: After receiving your application, USCIS may schedule you for a biometrics appointment. During this appointment, you will be fingerprinted, and your identity will be verified.
- Request for Additional Evidence: USCIS may request additional evidence or information to support your waiver application. It’s essential to respond to any such requests promptly.
- Adjudication: USCIS will review your application, supporting documents, and evidence of extreme hardship. They will assess whether you meet the requirements for the waiver and whether granting the waiver is justified.
- Interview: In some cases, USCIS may request that you attend an in-person interview at a local USCIS office. If an interview is required, you will be notified in advance.
- Decision: USCIS will make a decision on your I-601 waiver application. If approved, you will be granted the waiver. If denied, you may have the option to appeal or reapply if your circumstances change.
- Consular Processing: If you are outside the United States and your I-601 waiver is approved, you can proceed with the immigrant visa application at the U.S. embassy or consulate in your home country. If you are inside the United States, you can proceed with the adjustment of status process.
How can I prove Extreme Hardship for I-601 Waiver?
Proving extreme hardship to the qualifying relative is a critical component of a successful I-601 waiver application (Waiver of Grounds of Inadmissibility). To establish extreme hardship, you should provide compelling evidence that demonstrates how the denial of the waiver would cause severe and exceptional suffering to your U.S. citizen or lawful permanent resident qualifying relative (spouse or parent). Here are some steps and types of evidence that can help you prove extreme hardship:
- Detailed Personal Statement: Write a comprehensive personal statement explaining the circumstances that would lead to extreme hardship. Discuss your relationship with your qualifying relative, your shared experiences, and any potential hardships they would face if you are denied the waiver. Be specific and provide concrete examples.
- Affidavits and Letters: Obtain affidavits or letters from friends, family members, and other individuals who can attest to the emotional, financial, and physical impact your absence would have on your qualifying relative. These letters should be detailed and emphasize the unique hardships involved.
- Medical Evidence: If your qualifying relative has specific medical conditions or health issues, gather medical records, doctor’s letters, and other documentation that explain how your presence is essential for their care and well-being.
- Financial Documentation: Provide financial records, tax returns, and other evidence showing that your income or support is critical to the financial stability of your qualifying relative.
- Country Conditions: If there are specific conditions in your home country, such as violence, economic instability, or lack of access to essential services, provide documentation and credible sources that explain how these factors could negatively affect your qualifying relative.
- Family Separation Impact: Explain the emotional toll that family separation would take on your qualifying relative, especially if there are children involved. Discuss the impact on their mental health, education, and overall well-being.
- Community Ties: Describe the community and social ties your qualifying relative has in the United States, such as memberships, affiliations, and support networks, and how these could be disrupted in your absence.
- Country-Specific Conditions and Relocation: Depending on the circumstances in your home country, provide information about the political, economic, or social conditions that could affect your qualifying relative if they had to relocate to your home country.
- Counseling and Therapy Records: If your qualifying relative has sought counseling or therapy to cope with the potential separation, include records and letters from mental health professionals.
- Any Other Relevant Evidence: Include any additional evidence that demonstrates the unique hardships your qualifying relative would face.
Important Links for Related Visas
Please click the links below to learn the details about other waivers.
Our Expertise and Services
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance
After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.
I aam ssure this article haas touched alll thhe internet people, its reallyy really nicee piiece oof writing onn building uup new web site. Feel free tto surff too myy boog post :: <a href="https://pornfaphub.com/sitemap31.xml" rel="nofollow ugc">sitemap.xml</a>
Francisco