I-601, Application for Waiver of Grounds of Inadmissibility

Immigrate to the United States, become a permanent resident, or obtain nonimmigrant status by filing an I-601 Application for Waiver of Grounds of Inadmissibility if certain conditions of inadmissibility or behavior exist that prevent the applicant from being otherwise accepted. The I-601 is for aliens who are considered disqualified from entering the United States for specific reasons of inadmissibility.

In part due to the intense scrutiny of these applications by immigration officials, the I-601 and I-601A Waiver application procedure is notoriously difficult. Emotional, time-consuming, document-laden and intrusive are just some of the adjectives used to describe the procedure. The procedure usually takes a year or more to complete. Due to the volume of applications processed by the National Visa Center, this period does not include the difficulties that the National Visa Center may create. The National Visa Center has lost or ignored many vital records. All documents submitted to the NVC or USCIS must be scanned, and a copy must be kept for future reference.

It is not possible to apply through Form I-601 if it is an exemption for accrual of unlawful presence that has lasted less than one year or more than one year within the same stay. Form I-601A, Application for Provisional Unlawful Presence Waiver, should be used instead of Form I-601. For a waiver of inadmissibility under section 212(a)(9) of the INA, you can file I-601, Application for Waiver of Grounds of Inadmissibility (B).

Each applicant must have at least one Qualifying Family Member in order to apply for the I-601 Waiver. This rule does not apply to K visa applicants. The K visa applicant must prove that he or she is a US citizen in order to apply for a visa. The spouse, parent, or parent of a US citizen or Lawful Permanent Resident (LPR) may be a qualifying relative for all of those applicants.

I-601 Waiver applicants must demonstrate that their eligible family members would experience an "undue hardship" if they were denied entry to the United States. Applicants and eligible family members must submit a comprehensive statement describing the great hardship the eligible family member would experience and the negative effect it would have in the absence of the immigrant. Whenever possible, documentary evidence should be provided to support the allegations set forth in the applicant's statements. Such evidence should be provided to strengthen the relative's case if the relative has medical problems, is disabled, is significantly dependent on the foreigner (financially, emotionally, as his parents), or has important obligations that he or she could not fulfill without the foreigner. The statement must also explain why the request should be granted and the beneficial elements that may convince a DOS official to grant it.

Evidence of excellent moral character, community service, community ties, achievement, and other positive attributes of the alien may be considered favorable elements. Whenever possible, the candidate should provide documented evidence of good moral character. The applicant must disclose any probable grounds of inadmissibility, event, or behavior that may render the applicant ineligible. This could result in future inadmissibility due to an event or reason not disclosed in the Waiver application. I-601 applicants will need to submit a written statement explaining why they feel inadmissible to the US.

A thorough explanation of the applicant's background and any relevant documents is required on all applications. A verified court document must be presented for any criminal record or conviction. In the case of inadmissibility on medical grounds, medical documents must be submitted. Additional evidence may be required to overcome some grounds of inadmissibility. Waiver applications for Temporary Protected Status must demonstrate that the application is in the public interest or is made for humanitarian reasons, such as maintaining family unity. It is necessary to show that the VAWA applicant's removal from the United States is linked to the abuse or excessive cruelty on which the VAWA application was based.

There are several factors that USCIS takes into account when deciding whether or not to grant an immigrant visa to a qualifying family member, such as the physical or mental health of the family member, the country's ability to provide adequate medical care, and criminal history. of the relative 2) The deterioration of the standard of living of the qualifying family member and their children, security in a foreign nation, economic difficulties and the expense of caring for sick and elderly children or those with special needs are some examples of difficulties. 3) the decline in the quality of education available 4) in addition, a qualified family member can get a job in a comparable position abroad. 5) the person's previous immigration status 6) family ties to the United States, especially considering family separation and the age of the children, are an important factor 7) strong moral character; 8) bona fide difficulties; 9) tests that favor difficulty; When evaluating a Waiver application, it is important to consider how long the applicant has been in the United States legally or illegally.