I-601 Application for Waiver of Grounds of Inadmissibility
November 4, 2014
If you are an alien seeking legal entry into the United States, but believe you have a condition that disqualifies you under the Immigration and Nationality Act, then know that you may still have a second chance at entry with an I-601 Application for Waiver of Grounds of Inadmissibility.
The I-601 application can potentially waive a variety of disqualifying conditions, including certain health and criminal grounds, immigration fraud, misrepresentation, prior unlawful presence and prior removal from the United States. Each of these “grounds of inadmissibility” under the Immigration and Nationality Act can be waived if certain requirements are met and proved through an I-601 or I-601A application.
The requirements and supporting evidence vary with each condition, so it is important to first consult with the experienced immigration attorneys at JRQ & Associates to ensure you have the best possible chance at success.
The most commonly sought waivers require you to prove that a qualifying relative, who is a United States citizen or permanent resident, would suffer extreme hardship if you are denied entry or if you are removed. This standard of “extreme hardship” is not specifically defined under the Immigration and Nationality Act. This means that the evidence you submit as support is the key to a winning application.
Qualifying relatives include your spouse, parent, child and fiancée. The qualifying relative must submit a letter and supporting documentation. For example, if a relative is sick and requires the presence of the alien applicant, then medical paperwork proving the condition should be submitted along with the personal letter. An experienced immigration lawyer at JRQ & Associates will evaluate your specific case and explain what supporting documentation and evidence is required for you to prove “extreme hardship.”
Proving extreme hardship is a complicated process that also involves balancing the applicant’s aggravating and mitigating factors. Aggravating factors include criminal charges and immigration law violations; while mitigating factors include participation in rehabilitation programs and valid defenses to immigration law violations. It is crucial for your I-601 application to highlight the strengths and minimize the weaknesses of your case. For the best chance at success with your I-601 application, contact the experienced immigration attorneys at JRQ & Associates today and start the process towards legal immigration.