The Importance of an I-601 Waiver Application
An immigration lawyer can help people who have been denied an immigration benefit such as adjustment of status to a permanent resident. They can guide an immigrant through an application for an I-601 waiver to resolve the problem. The I-601 Waiver is a form used in certain situations by immigrants who are applying for a green card and are denied for the reasons discussed below. It can also be used when an immigrant wants to apply for an immigrant benefit they may not be immediately qualified to receive. This is a way for an immigrant to request their inadmissibility be waived. Approval is based on the benefit a person is applying to receive and the reason as to why they have been determined to be ineligible.
Misrepresentation
An immigrant will not be admitted into the United States if it is proven they intentionally lied or misrepresented themselves about a significant item when they tried to obtain an immigrant visa or admission into the United States.
Unlawful Presence
If a foreign national has unlawfully resided in the United States for an uninterrupted period exceeding 180 days and voluntarily left the country prior to removal proceedings being started against them; they will be unable to be admitted into the United States for a three year period. These individuals can apply for a waiver.
Basis For Waiver
An immigration lawyer can explain how, by submitting an I-601 waiver application, an immigrant is trying to show they have a qualifying relative who is a legal citizen of the United States or a permanent resident and that this relative would experience extreme hardship if the immigrant is denied entry into the United States or removed from the country. An entire family being forced to relocate overseas in order to be together can also be construed as a hardship. The law does not specifically define what is considered to be an extreme hardship, thus allowing its interpretation to be subject to a case-by-case basis.
Extreme Hardship Proof
An immigration attorney can help with the submission of convincing documentation with the I-601 form. They know how to signify a statement explaining family ties with the relative who is a U.S. citizen as important. An immigrant can also provide a statement about the difficult conditions in their home country and struggles other relatives would experience if forced to leave the United States. Newspaper articles, official reports as well as letters from experts, and more can be submitted. They can also provide a statement describing the financial difficulties the qualifying relative would experience without them. This could be done with bank statements, wage statements, property deeds, and more. A statement can also be provided showing treatment for any physical or mental condition experienced by the qualifying relative. This could involve medical reports as well as letters from treating physicians. An immigrant can also provide a statement concerning any other circumstance they feel may qualify as an extreme hardship.
An immigration attorney can help immigrants realize their chances for success. While the I-601 waiver application is being completed, the reason for their inadmissibility could have a significant impact on their chance for approval. They have a right by law to file the waiver application, but their chance for success is not good if they were denied entry because of criminal grounds, fraud, or willful misrepresentation.
