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Introduction to the I-601 Waiver

The I-601 Waiver allows certain applicants to get a pardon (waiver) of the following inadmissibility grounds:

Health-related grounds of inadmissibility
Certain criminal grounds of inadmissibility
Immigration fraud and misrepresentation
Immigrant membership in totalitarian party
Alien smuggling
Being subject to civil penalty
The 3-year or 10 year bar due to previous unlawful presence in the U.S.
A waiver may be used for other grounds for those applying for Temporary Protected Status, Nicaraguan Adjustment and Central American Relief Act or Haitian Refugee Immigration Fairness Act, or Violence against Women Act

Some of the most common waivers of inadmissibility grounds are below:

Unlawful presence: if you are applying because of unlawful presence in the United States, then you must show that your qualifying US citizen is a lawful permanent resident relative, spouse, parent, or fiance (for K-1 petition), and would experience extreme hardship if you were denied admission to the United States.

Immigration fraud of misrepresentation: If you are applying because of immigration fraud or misrepresentation, you must show that your qualifying US citizen is a lawful permanent resident relative, spouse, parent, or fiance (for K-1 petition), and would experience extreme hardship if you were denied admission to the United States.

Criminal grounds: if you are applying because of convictions for certain crimes (you cannot get a waiver for all types of crimes), then you have to show ONE of the below:

1) if the crime related to prostitution, then you have to show that you have been rehabilitated and that your admission will not be contrary to the national welfare, safety, or security,
2) if 15 years have passed since the crime, you have been rehabilitated and that your admission will not be contrary to the national welfare, safety, or security,
3) you can waive certain crimes if your qualifying US citizen is a lawful permanent resident relative, spouse, parent, or fiance (for K-1 petition), and would experience extreme hardship if you were denied admission to the United States; OR
4) if you are a approved Violence Against Women Petitioner.

Extreme Hardship

Because extreme hardship is a basis for requesting a waiver for many grounds of inadmissibility, United States Customs and Immigration Services (USCIS) will consider the following factors for deciding whether your qualifying relative will suffer extreme hardship if you are denied admission to the United States:

Health – Whether you have a US Citizen spouse or parent who suffers from a medical or mental health condition that requires ongoing care and specialized treatment, and that such treatment is not as available and practicable overseas.

Financial – Whether your US Citizen spouse or parent will suffer financial hardship amounting to loss of home or business, loss of current or future employment, a substantial decline in standard of living, or the costs associated with caring for family including education of your children and caretaking of your elderly USC parent.

Education
– Whether your US Citizen spouse will lose the opportunity pursue higher education, complete training necessary for specific employment, or be educated in his or her language and culture.

Special Considerations
– Whether your US Citizen spouse would be subjected to social stigma, religious discrimination, language difficulties, or reduced opportunities because of gender. Also considered is whether your US Citizen spouse would be persecuted while overseas. Finally, any other special or extraordinary factors causing extreme hardship are considered.

Process for I-601 Waiver

If you are outside of the United States, you will need to wait until your embassy interview or shortly thereafter for the consular officer to tell you that you are inadmissible and need a waiver. You then file your form with United States Citizenship and Immigration Services (USCIS). USCIS will make a decision and inform the consular officer.

If you are inside the United States, you will generally be informed at your interview with or shortly after that you need a waiver. You would then file it with USCIS.

If you are in Removal Proceedings, you will need to file your I-601 Waiver with the Immigration Court and USCIS.

Filing Fees

Form I-601 Waiver – $930.00

Conclusion

If you are inadmissible as a result of the grounds above and can show that you and your family are eligible and deserving for relief through a waiver, then you may become a Lawful Permanent Resident.

Call our office to begin the process to obtain legal status.

To schedule a consultation please call: 206-488-9030

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Jeff Goldman, Seattle Immigration Attorney

Call Jeff Goldman Today 206-488-9030

Jeff Goldman has a deep commitment to the concerns and problems of immigrants.
He is fully committed to providing legal help for people needing an immigration lawyer or attorney.

Please call our office to discuss your immigration related concerns.

Don’t wait. You can have your case considered by a compassionate and caring lawyer with experience that can help you get past your problems and move forward with your life.

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