I-601 Inadmissibility Waivers

An I-601 waiver allows an individual who has been deemed inadmissible to the United States to gain entry into the United States. The granting of a I-601 waiver is based on the extreme hardship that would result to the individual’s qualifying United States citizen or lawful permanent resident relatives living in the United States if the individual’s inadmissibility is not waived.

The Extreme Hardship Requirement

Who constitutes a qualifying relative varies depending on the grounds of inadmissibility. If the foreign national is inadmissible for unlawful presence or misrepresentation, only United States citizen or lawful permanent resident spouses or parents may serve as qualifying relatives. If the foreign national is inadmissible for past crimes, United States citizen and lawful permanent resident spouses, parents, and children may serve as qualifying relatives. If a foreign national is seeking to come to the United States on a K-1 fiancé visa, the United States fiancé(e) can also serve as a qualifying relative.

In order to be granted a waiver, an applicant will need to prove that their qualifying relative will suffer extreme hardship in two circumstances: (1) if they remain in the United States and the applicant is not admitted into the United States; and (2) if they decide to relocate to the country in which the applicant resides.

There are a variety of circumstances that can constitute extreme hardship. Circumstances that have been deemed to constitute extreme hardship include: major medical or mental conditions which require ongoing medical treatment; major political upheavals in the applicant’s home country that would make it dangerous for the applicant’s relative to relocate their; high crime rates in the applicant’s home country that would make it dangerous for the applicant’s relatives to relocate their; and severe financial hardships.

Extreme Hardship Documentation

The key to a successful I-601 waiver application is to provide excellent documentary support for why the applicant’s qualifying relative will suffer extreme hardship. This evidence should include documents such as relevant bank statements, medical records, psychological evaluations etc., and personal statements from the applicant and qualifying relative. In addition, the application should include a detailed cover letter. The cover letter should outline the arguments for why the applicant is seeking a I-601 waiver as well as put all of the supporting documents into context for the USCIS officer reviewing the waiver application.

Consult a Qualified Immigration Attorney Today

Filing an I-601 waiver is a long and difficult process. United States immigration law dealing with inadmissibility is complex and can be difficult to understand. In addition, it can be quite difficult for individuals to know what arguments to make and what documents to provide when filing an I-601 waiver application on their own. Therefore, if you are interested in obtaining an I-601 waiver, you should seek the services of a knowledge immigration lawyer.

If you are interested in learning more about obtaining an I-601 waiver, Hartzman Law Firm is here to help. Our principal immigration attorney, Daniel Hartzman, is well-versed in inadmissibility and waiver issues. Daniel will help you understand the hardship requirement and the I-601 application process, work with you on the gathering of evidentiary documents, and draft and prepare a detailed waiver application based on your individual situation.

To learn more how Hartzman Law Firm can help you obtain an I-601 waiver, please call us at (412) 495-9849, or fill out a contact form online. We offer free consultations in person, by phone, and by secure video conferencing. Weekend consultations are also available by request.

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