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I-601 Waiver: Waiver of Grounds of Inadmissibility

Pursuing an I-601 Waiver in NY or Queens

An I-601 waiver of inadmissibility is an official determination by the U.S. government to allow an otherwise ineligible person to enter the U.S. Ineligibility is known as inadmissibility under U.S. immigration law. Those who are inadmissible for permanent admission into the U.S. may request an I-601 waiver, otherwise known as a waiver of inadmissibility.

Reasons for Inadmissibility

The three common reasons for as inadmissibility without a waiver include the following situations:

  1. issues with criminal records;
  2. misrepresentations to the U.S. government in previous immigration applications; or
  3. the person has previously committed immigration violations.

What Does the 601 Waiver Accomplish?

The waiver does what it implies; it waives the ban on admission into the U.S.; however, this waiver is only granted under special circumstances. There is also a need for specific conditions to be met.

The waiver helps to prevent extreme hardship to a relative of the person who has been denied admission. Any relative taken into consideration must be a citizen of the U.S or be a lawful permanent resident. The hardship suffered by the relative must be a direct result of the inadmissibility of their relative not being waived, by the granting of an I-601 waiver.

Are You Guaranteed an I-601 Waiver if You Apply?

The granting of a waiver is a discretionary power given the USCIS. The USCIS are under no obligation, so people wishing to apply a waiver are advised to seek advice from an immigration attorney who specializes in I-601 waivers to make their case as strong as possible.

Furthermore, an applicant is required to present his or her case as to why they should be granted a waiver, based on law. There is no guarantee or model scenario proposed for when a waiver will be granted, as each case is considered by looking in depth at the individual circumstances of the applicant and their relative(s).

601 Waivers Solve the Problem of Separated Families During Application Process

The most significant change that has occurred with recent changes to laws surrounding I-601 waivers is the number of families that are kept separated while the application is processed and considered. With the previous procedures, there was the problem of families having to face a long time living separately from one another because the applicant would have to return to their home country to make the application and it is often the case that these applications take a long time to become final.

The new procedure changes this by having the decision process take place in the U.S. The new process works by allowing the immediate relatives of the applicant to apply for a provisional waiver to be granted before the applicant leaves the U.S to attend their immigrant visa interview abroad.

601 Waiver Requirements

The applicant...

  • must prove that a spouse or parent who is a U.S citizen will suffer hardship.
  • must file for the waiver while living in the U.S.
  • can only apply for the reason of unlawfully present in the U.S. If there are other reasons that support grounds of inadmissibility, the waiver cannot be valid.

If the above requirements are not met, you are not able to be granted a waiver. If the application is not filed while the applicant is still in the U.S., the rules require that the application is pursued from aboard. The immediate relatives who are still in the U.S. must still depart the U.S. for the consult immigrant visa process. However, they are permitted to apply for the provisional waiver from within the United States and wait until it has been approved to depart the country so that they do not face lengthy separation from their families.

Further to this, the following list explains which non-citizens are not eligible to apply for a waiver:

  • Any applicant who is under the age of 17 cannot apply for a provisional waiver.
  • Any applicant who had made an application under the current waiver process abroad, before the new rules were published cannot apply again; instead, they should wait for the outcome of their current application.
  • Applicants' who do not have an immigrant visa pending with the Department of State and/or have not paid the processing fee.
  • A waiver cannot be applied for without there being an approved immediate relative petition; this petition is where the claims of extreme hardship are presented.
  • Lastly, any applicants who are currently in removal proceedings, subject to final orders of removal or have pending applications to USCIS for a change in status are barred from applying for a waiver.

Get Help from a Qualified Queens & NY Immigration Lawyer

The I-601 waiver seeks to prevent long term separation and hardship of immigrant relatives. To discover if you or a loved one may be eligible to apply for an I-601 waiver in Queens or New York City, speak with an immigration attorney at Musa-Obregon Law PC who specializes in I-601 waivers.

For more information regarding a 601 waiver application; contact a Queens immigration attorney from our firm today.

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