Who qualifies for I-601 waiver?

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 chances of getting a I-601 approved?

What is the current approval rate of I-601A applications? As of February 2017, the approval rate for the Form I-601A is 96.22%.

What is 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 is the difference between I-601 and I-601A?

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.

How long does it take to get i-601 approved?

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.

US Immigration law: I-601 Extreme Hardship Waiver - How to win your case | I-601 Waiver Case Guide

What is the difference between i 601 and i 212?

The I-212 and I-601 waiver applications are both required in many circumstances. Where the I-212 requests permission to apply to return to the U.S., the I-601 is actually the application to return. However, the I-212 and I-601 may often be confused with the I-601a, which is a provisional unlawful presence waiver.

Can I apply for a U.S. waiver myself?

While it is possible to apply for a US Entry Waiver yourself by completing Form I-192 which allows inadmissible non-immigrant aliens to request permission for temporary admittance to the United States, it is important to realize that it is a highly complex legal process that can easily overwhelm someone without ...

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.

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.

Can you file I 601 before interview?

You cannot file Form I-601 until after you attend your immigrant visa interview and after DOS determines that you are subject to other grounds of inadmissibility.

How do you prove exceptional hardships?

To be exceptional, the hardship to be suffered must be something out of the ordinary. For example, in the case of Brennan v McKay (1996),a taxi driver accumulated 12 points and argued that if he were to lose his licence he may lose his job and suffer financial difficulty.

What are examples of hardship?

What are hardship waivers?

An extreme hardship waiver means that someone asks the U.S. government to approve an immigrant visa or green card application despite the person having been determined inadmissible to the U.S. and therefore ineligible for a visa.

Can a waiver get denied?

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

What evidence must I submit with Form I-601A?

You must submit the DOS immigrant visa processing fee receipt or other evidence of fee payment for the NVC case associated with the approved immigrant visa petition.

What happens if I-601 is denied?

If your Form I-601 waiver application is denied, you will receive a denial notice at the address you provided on your Form I-601 application. You may appeal the decision within 30 days by filing Form I-290B, Notice of Appeal or Motion. The denial notice will provide instructions for submitting Form I-290B.

Who qualifies for immigration waiver?

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.

Can U.S. consulate deny approved petition?

Additionally, the U.S. consular officer can deny an immigrant visa after finding that USCIS erred in approving the underlying immigrant visa petition. Section 221(g) of the I.N.A. empowers consular officers to make this decision, and also allows them to ask USCIS to revoke its approval of a petition.

Can a visa denial be overturned?

A common reason for denial is that your application was incomplete and that further documentation is required to make a favorable decision. So the denial is not permanent—you'll have one year to provide information aimed at reversing the denial.

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 can the U.S. overcome inadmissibility?

For some grounds of inadmissibility, it is possible for you to obtain a waiver of that inadmissibility. If you have been designated as inadmissible, reach out to an immigration attorney for more information about obtaining an immigration waiver and to schedule a consultation.

How do you get a waiver of inadmissibility?

What is needed for a US waiver?

USA Entry Waiver applicants will be required to complete forms, have their fingerprints taken, submit supporting documents, and pay a USA Government processing fee. The non-refundable processing fee is US $585.

Can US Immigration see criminal record?

As part of the visa / green card process, U.S. Citizenship and Immigration Services (USCIS) will check for criminal records for both the U.S. citizen or green card holder sponsoring his or her family member, and the family member applying to receive a green card.