Who are qualifying relatives for 601 waiver?

Who qualifies as a qualifying relative for I-601?

To be eligible for an I-601 waiver, you must prove that your qualifying U.S. citizen or legal permanent resident relative will suffer extreme hardship due to your absence. A qualifying relative, under most types of I-601 waivers, is a spouse, parent, or child.

What percentage of I-601 waivers are approved?

The 84% approval rate combined with the very dangerous conditions in Mexico right now, especially for "Nortenos" who are subject to a high risk of kidnappings for ransom, makes the I-601A worth pursuing when there is sufficient evidence that the qualifying relative will suffer extreme hardship.

Who may file 601?

What is the Purpose of Form I-601? An individual who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this application to seek a waiver of certain grounds of inadmissibility.

How long does it take for 601A waiver to get approved 2021?

In terms of processing times, USCIS and DOS are coordinating closely to make sure that the timing of the approval of a provisional unlawful presence waiver application is close to the time of the scheduled immigrant visa interview abroad. Generally, it takes 4 to 6 months to process an I-601A waiver application.

I-601 Waivers: What Is a Qualifying Relative?

Can my immigrant visa still be denied if I have the i601a approval?

Even after the I-601A waiver is granted, the U.S. embassy or consulate could deny your immigrant visa because of a reason different than your unlawful presence in the U.S. Usually if there is a denial, it's due to something else that you did in violation of the immigration laws.

What comes after 601A is approved?

What Happens After I 601 Is Approved? Once the waiver is approved by USCIS, the applicant should receive a packet of information from the U.S. Embassy of his or her country of origin. The packet will instruct the applicant to set up a new interview appointment at the consulate.

Who is a qualifying relative for extreme hardship?

The qualifying relative must be:

A U.S. citizen or legal resident spouse or parent, if the immigrant is denied for unlawful presence or misrepresentation. A U.S. citizen or legal resident who is a spouse, parent or child of the alien who is denied admissibility based on criminal history. A U.S. citizen fiancée.

What are the grounds of inadmissibility?

The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.

What is the difference between 601 and 601A waiver?

The biggest difference between the two forms is the reason for inadmissibility. Form I-601A is specifically designed for the ban while Form I-601 is for most other grounds of inadmissibility, including health reasons, criminal history or intent, poverty, lack of labor certification, and more.

Why would a I-601 waiver get denied?

One of the most common reasons U.S. immigration authorities deny an I-601 waiver application is insufficient evidence of extreme hardship to qualifying U.S. relatives. Sometimes this is simply due to the applicant not having submitted enough convincing documentation.

Can a waiver get denied?

The provisional stateside waiver offers many benefits, but many people will still be denied.

How do I prove extreme hardship for a waiver?

What is a qualifying relative?

A qualifying relative is a person designated by federal income tax code to be allowed to be claimed as a dependent by a taxpayer assuming the taxpayer provided considerable financial support for the qualifying relative during the tax year.

What would be considered extreme hardship?

Extreme hardship has been defined to mean hardship that is greater than what your relative would experience under normal circumstances if you were not allowed to come to or stay in the United States. There has to be something extra at play.

What happens if qualifying relative dies?

If the qualifying relative who died is the same qualifying relative to whom extreme hardship must be established in order to grant a waiver, USCIS treats the qualifying relative's death as the functional equivalent of a finding of extreme hardship.

Who qualifies for waivers of inadmissibility?

Typically, you can use Form I-601 to file for a waiver if: You are an applicant for an immigrant visa or the K or V visas, and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found to be inadmissible.

What are the two most common grounds of inadmissibility?

Grounds of removal from the United States are divided into two different categories under the U.S. Immigration and Nationality Act (“INA”): (1) Grounds of Inadmissibility under § 212(a); and (2) Grounds of Deportation under § 237(a)(1)(A).

How long does inadmissibility last?

A foreign national who has been unlawfully present in the U.S. for more than 180 days but less than one year is inadmissible for a period of three years. Unlawful presence of more than a year results to inadmissibility for ten years. Several exceptions and waivers are available.

How do I write a letter of support for a family member for immigration?

To compose a letter that boosts your relative's chances to enter the country of their choice, you need to outline your relationship, explain why their upcoming arrival is important to you and other family members who live with you, describe the negative circumstances of their life if your relative flees their native ...

Who can write a hardship letter for immigration purposes?

include U.S. citizen or permanent resident spouse, parent, or child. For immigration purposes, a child is someone who is unmarried AND under 21 years old. For family unity waiver, the qualifying relatives are only U.S. citizen or permanent resident spouse or parent.

How long does the 601 waiver take?

For those filing Form I-601 in the United States, expect processing times to be approximately 4-6 months. For I-601 waivers filed outside of the United States, expect significantly longer processing times anywhere from 6-12 months or over a year due to the pandemic.

Who signs the I 601a?

If you are under 14 years of age, your parent or legal guardian may sign the application on your behalf. A legal guardian may also sign for a mentally incompetent person. Filing Fee. Each application must be accompanied by the appropriate filing fee and biometric services fee (if applicable).

How much is the i 601a fee?

$630. If you are younger than 79, you must also pay $85 for biometric services. You may pay the fee with a money order, personal check, or cashier's check.

How do I expedite I 601 waiver?

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.