Why would AI 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.

What happens if a 601 waiver application is refused?

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.

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.

Can a waiver get denied?

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

How long does it take to get a 601 waiver approved?

How long does it take for an I-601 waiver to be approved? For those filing Form I-601 in the United States, expect processing times to be approximately 4-6 months.

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

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.

Who is qualifying relative for 601 waiver?

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 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.

How do I prove extreme hardship for a waiver?

How long does it take for I-601A waiver to be approved 2020?

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.

What's the difference between i601 and i601a?

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.

Can you expedite 601 waiver?

8 CFR 212.7 governs USCIS adjudication of Form I-601. It has been USCIS's longstanding policy to accept requests to expedite processing of petitions or applications where the applicant or the petitioner demonstrates reasons that merit expedited processing of a petition or application.

Why is my i-601 taking so long?

What are the I-601A processing times? There is a lot of variation in processing times for the I-601A provisional waiver. However, as of October 2020, it is common for I-601A waivers to be in process for longer than one year. This is likely due to the pandemic and slower overall processing by USCIS.

Who qualifies for a waiver 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.

Can you appeal a waiver denial?

To file your appeal from a denial of a waiver request, fill out a Request for Hearing by Administrative Law Judge form (HA-501), and turn it in at your local Social Security office within sixty days of receiving your denial.

What is waiver of grounds of inadmissibility?

An I-601 Application for Waiver of Grounds of Inadmissibility allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence, or seek admission to the United States in a nonimmigrant status, if certain grounds of inadmissibility, circumstances, or conduct prevent them from ...

What are examples of extreme hardship?

What are examples of hardship?

What do I write in a hardship letter for immigration?

Explain how well you know the individual in question, tell the recipient of the letter of their positive impact on your life, and request the entry or the cancellation of removal. Refer to the documentation that backs up your hardship clarifications and attach it as proof of hardship.

What happens after biometrics for i601a?

The NVC will schedule you for an immigrant interview after the USCIS approves your I-601A petition. Schedule a medical exam overseas and make plans for your departure from the US. Travel to the US embassy or consulate overseas where your interview is scheduled. Expect to spend about three weeks outside of the US.

How long does it take to get an interview after waiver approval 2022?

This is generally 2-3 days after the USCIS approval. If the applicant does not receive the packet within 30 days it is recommended to contact the consulate. Once the packet's instructions are followed the applicant can schedule the consulate interview online.

How much does an immigration pardon cost?

$930. You may pay the fee with a money order, personal check, or cashier's check. When filing at a USCIS lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions.

What is hardship waiver?

What Is an Extreme Hardship Waiver? 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.

What next after I-601A waiver approval?

Once the waiver is approved by the USCIS, you should receive a packet of information from the U.S. Embassy of the country of origin. The packet will explain how to set up a new interview appointment at the consulate.

Can I file 130 and I-601A together?

Only after your I-130 has been approved can you file your Provisional Waiver Application (on USCIS Form I-601A, available as a free download from the agency's website). You cannot submit the visa petition at the same time as ("concurrently" with) the waiver application.