I--601 and I601A Waiver Applications

October 8, 2014

If you are seeking entrance to the United States, but believe you may be inadmissible for one or more reasons, then you should know you may still be eligible for lawful immigration to the United States if you successfully file an Application for a Waiver of Grounds of Inadmissibility.  These I-601 and I-601A waiver applications provide a second chance for aliens who have been denied access to the United States. 

 

The experienced immigration attorneys at JRQ & Associates can help you prepare one of these applications in order to help you gain legal immigration status, even if you are currently unlawfully present in the United States or currently going through removal proceedings.  JRQ & Associates can help you obtain a waiver for medical conditions, criminal history, prior unlawful presence, prior removal, and for other grounds. 

 

There are specific filing requirements for each type of waiver sought, which in turn affects the type of evidence required and procedure that must be followed.  These filings are very complicated and can also come with a risk, which is why it is best to seek the advice of an experienced immigration lawyer.  Continue reading to learn more about the waiver application process, but remember that this is not legal advice and it’s very important to contact JRQ & Associates for advice on your eligibility.

 

What types of waivers are granted?

 

  • Waivers are granted for a long list of grounds of inadmissibility. The most common include health-related grounds, certain criminal history, immigration fraud, misrepresentation, a three or ten year ban due to prior unlawful presence, and prior removal proceedings.

 

When should I file an Application for Waiver of Grounds of Inadmissibility?

 

  • The waiver application can be filed with your immigrant VISA application or with an adjustment of status.  The procedure varies for the type of waiver sought.

 

Where should the application be filed?

 

  • The application can be filed in the United States or at a consulate outside of the country.

 

What do I have to prove?

 

  • Each waiver has its set of own requirements, including what the applicant must prove and what type of evidence is needed.

  • For example, the waiver for prior unlawful presence requires different proof than a waiver for past criminal history.

 

How do I prove extreme hardship?

 

  • The most common waiver requirement under I-601 is that the applicant must prove extreme hardship to a qualifying relative.

  • You must make a showing of hardship to a qualifying relative who is a United States citizen or permanent resident to the extent that the relative would suffer extreme hardship if you were denied entry or if removed.

 

What type of supporting evidence is needed?

 

  • You will need to submit sufficient and convincing documentation that proves your case.  There are specific paperwork requirements depending on the type of waiver you are seeking. 

 

Are there any risks involved?

 

  • You will have to admit the amount of time spent in the United States illegally.

  • Each type of evidence you submit can have negative and positives of its own, so it is very important to have an experienced immigration attorney at JRQ & Associates review your situation and evaluate the risks involved in your case.

 

What if I have filed an application in the past?

 

  • If you have previously filed an I-601 application and it was denied, you may still be able to file a motion to re-open or re-consider, especially if you have found new evidence since your last filing.

  • If you have previously filed an I-601A application, please read this post describing those specific consequences.

 

 

An I-601 or I-601A Application for Waiver of Grounds of Inadmissibility has the potential to provide you with a chance to legally immigrate to the United States, even if you have a grounds of inadmissibility that would otherwise cause you to be denied entry.  Contact an experienced immigration lawyer at JRQ & Associates today to learn more about your options for a waiver application. 

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