Claiming Hardship Waivers

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I-601 Application for Waiver of Grounds of Inadmissibility

The I-601 application applies to certain aliens who under certain grounds of inadmissibility, circumstances, or conduct prevent them from being otherwise admissible to the U.S.

The I-601 application, if approved, allows inadmissible non-citizen aliens to:

  • Immigrate to the US
  • Adjust their status to permanent residence, OR
    seek admission to the US in a nonimmigrant status

You CAN apply for the waiver if;

  • You have at least one qualifying relative through which you are making your claim for the waiver
    • Qualifying relative(s);
      • may include a US citizen or Lawful Permanent Resident (LPR) spouse or parent.
  • You establish that your qualifying relative(s) would suffer an ‘extreme hardship’ if you were to be refused admission to the United States.
    • Qualifying hardship;
      • The qualifying relative’s health especially as it relates to ongoing or specialized treatment for a physical or mental condition, availability, and quality of care of such treatment abroad, duration of treatment, duration of treatment, ability for the qualifying relative to take care of themselves criminal history
      • Financial hardship especially as it relates to a decline in the standard of living for the qualifying relative and his or her children, protection in a foreign country, financial losses, cost of care for sick, elderly, or special needs children
      • Loss of opportunity to receive a high-quality education
      • Availability of similar employment abroad for the qualifying relative
      • The applicant’s immigration history
      • Family ties to the United States especially taking into consideration family separation, ages of children
      • Good moral character
      • Bonafide hardships, the degree of the hardships, evidence in support of the hardship
      • Length of time the applicant has lived in the United States lawfully or unlawfully when reviewing a waiver request.

Grounds of Inadmissibility that can be waived with a I-601 waiver Application

  1. INA section 212(a)(1) Health-related grounds of inadmissibility;
  2. INA section 212(g)(1) Health-related grounds of inadmissibility due to a communicable disease of public health significance defined in 42 CFR 34.2(b) including Class A tuberculosis, chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, syphilis (infectious), leprosy (infectious), etc;
  3. INA section 212(g)(2)(C) LPR applicants seeking an exemption of a vaccination requirement based on religious beliefs or moral convictions;
  4. INA section 212(g)(3) Physical or mental disorder associated with harmful behavior that poses, has posed, or will pose a threat to your safety, property, or welfare and that of others;
  5. INA section 212(2)(2) Certain criminal grounds of inadmissibility;
  6. INA section 212(a)(6)(c) Immigration fraud and misrepresentation;
  7. INA section 212(a)(3) Immigrant membership in a totalitarian party;
  8. INA section 212(a)(6)(E) Alien smugglers;
  9. INA section 212(a)(6)(F) Aliens subject to a civil penalty;
  10. INA section 212(a)(9)(B) Aliens subject to the 3-year or 10-year bar due to unlawful presence in the United States;

I-601A Application for Provisional Unlawful Presence Waiver

Qualifying immediate relatives including a United States Citizen spouse or parent must file Form I-601A in order to seek a waiver of unlawful presence on behalf of their alien relative based on grounds of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA). To be ELIGIBLE you must be:

  1. The beneficiary of an approved Form I-130 Petition for Alien Relative or Form I-360 Petition for Amerasian, Widow(er), or Special Immigrant
  2. At least 17 years of age at the time of filing
  3. Are physically present in the United States, and
  4. Have accrued unlawful presence for a period of 180 days or more but less than one year for a single stay as required by INA section 212(a)(9)(B)(i)(I)) or for a period of one year or more for a single stay as required by (INA section 212(a)(9)(B)(i)(II).

You cannot file the I-601A application with any other applications.

You are NOT ELIGIBLE for the I-601A Provisional Waiver if:

  1. You have a Form I-485, Application to Register Permanent Residence or Adjust Status, pending with USCIS;
  2. You are in removal proceedings unless your removal proceedings are administratively closed AND have not been placed back on the Department of Justice, Executive Office for Immigration Review (EOIR), calendar to continue your removal proceedings at the time of filing of Form I-601A. Removal proceedings are not considered terminated until EOIR terminates or dismisses the case. This involves taking your case off of the EOIR calendar for a hearing. If you are unsure if this is the case, please contact the EOIR or consult an accredited attorney to verify this for you.;
  3. You are subject to a final order of removal, exclusion, or deportation that has been entered or issued against you, or you are subject to reinstatement of a prior order under INA section 241(a)(5);
  4. DOS initially acted before January 3, 2013, to schedule your immigrant visa interview for the approved immediate relative petition upon which your Form I-601A is based;
  5. You fail to establish the extreme hardship component to an I-601A provisional waiver application and that your case warrants ‘favorable exercise of discretion by providing documented evidence of your good moral character, contribution to your community, ties to the United States, achievements, and other favorable characteristics. In order to qualify, you must establish that refusal to admit you to the United States would result in extreme hardship to your U.S. citizen spouse or parent if the U.S. citizen spouse or parent chooses to remain in the United States without you or chooses to relocate abroad to reside with you outside of the United States. and
  6. USCIS has reason to believe that you may be subject to grounds of inadmissibility other than unlawful presence under INA section 212(a)(9)(B)(i)(I) or (II) at the time of your immigrant visa interview for consideration of the provisional waiver with a consular officer;

The waiver application process may seem daunting. With the right team on your side you can rest assured that your case is being handled properly and prepared effectively. We have years of experience in preparing and filing waivers, and our success rate speaks for itself. Please do not hesitate to give us a call. We are here to help.

Navigating The Complexities Of The I-601 Application

The journey towards lawful residency in the United States can be fraught with challenges and complexities. One of the pivotal steps in this process for individuals facing inadmissibility issues is the submission of the I-601 Application for Waiver of Grounds of Inadmissibility, also known as the “Hardship Waiver.” This application is not just a formality; it is a critical opportunity to present a compelling case that can significantly impact your future. Here, the experience of a seasoned Hardship Waiver I-601 Application Lawyer in California becomes invaluable. Below, we explore the crucial roles an experienced lawyer plays in this delicate process and why their guidance is indispensable. Always reach out to an experienced lawyer from Bolour / Carl Immigration Group, APC if you need assistance. We are here to help. 

Comprehensive Case Assessment

A seasoned lawyer begins by thoroughly evaluating your situation, identifying the specific grounds of inadmissibility that apply to your case, and determining the feasibility of obtaining a waiver. This initial step is critical, as it lays the groundwork for a tailored strategy that aligns with your unique circumstances. An attorney’s deep understanding of immigration law ensures that no potential avenue for relief is overlooked.

Crafting A Persuasive Narrative

The heart of the I-601 application lies in demonstrating that denial of the waiver would result in extreme hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident. An attorney excels in weaving together legal arguments, personal stories, and relevant evidence into a compelling narrative. Their skill in storytelling can vividly highlight the nuances of your case, making a persuasive appeal to the adjudicating authorities.

Assisting In Documentation

Gathering and organizing the extensive documentation required for the I-601 application can be overwhelming. A California Hardship Waiver I-601 Application lawyer not only assists in identifying the necessary evidence but also ensures that it is presented in a coherent and organized manner. This includes financial records, medical reports, and other critical documents that substantiate the claim of extreme hardship.

Navigating The Legal Complexities

Immigration law is notoriously complex and ever-evolving. A Hardship Waiver I-601 Application lawyer in Los Angeles will stay abreast of the latest changes and how they might affect your case. Their expertise allows them to navigate the legal maze with confidence, addressing any issues that arise and ensuring that your application adheres to current laws and guidelines.

Representing You Throughout The Process

From the initial consultation to the final decision, an attorney stands by your side, offering not just legal representation but emotional support. They handle all communication with immigration authorities, represent you in any interviews or court appearances, and advocate on your behalf, allowing you to focus on your life and family.

Maximizing Your Chances Of Success

While no lawyer can guarantee the outcome of your application, hiring an experienced attorney significantly enhances your chances of success. Their experience in crafting a strong case, attention to detail, and procedural know-how can be the difference between approval and denial.

Contact Us Today

The path to overcoming inadmissibility through the I-601 application is complex and challenging. However, with the right professional by your side, it becomes a navigated journey rather than a daunting obstacle. An experienced immigration attorney not only provides expert legal guidance but also offers peace of mind, knowing that your case is in capable hands. If you or a loved one is facing the challenge of inadmissibility, we invite you to reach out for a consultation. Let Bolour / Carl Immigration Group, APC help you unlock the door to your future in the United States. Your journey towards a new beginning starts here.

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