Form I-601 Eligibility Requirements
The I-601 waiver is only available to certain qualifying individuals with close relatives in the United States. If the waiver is granted, the recipient will be permitted to reenter the United States and obtain the immigration benefit they sought before being ruled inadmissible. If they are already inside the United States, the waiver will permit their underlying application to be approved if they otherwise qualify.
To be eligible for the I-601 fraud/misrepresentation waiver, petitioners must have an immediate relative, a U.S. citizen, or lawful permanent resident – a parent or spouse. A child does not qualify. Certain exceptions apply to VAWA self-petitioners. You must demonstrate that this U.S. citizen or lawful permanent resident immediate relative will suffer “extreme hardship” if you are removed and/or are not able to return to the United States.
How Is Extreme Hardship Determined?
When determining whether someone will suffer “extreme hardship,” USCIS will evaluate anticipated impacts to their:
- Health
- Finances
- Education
- General Well-Being
- Any Other Relevant Element
In other words, you must convince USCIS that the consequences that the U.S. citizen or lawful permanent resident will suffer in your absence warrant overlooking your fraud or misrepresentation. You must provide ample supporting evidence and a compelling argument to support your claims of extreme hardship.
How Long Does it Take Form I-601 to Process?
You should also expect to wait after submitting Form I-601. Many applicants wait long for a decision from USCIS, but processing times vary. If the waiver is granted, it will remain in effect indefinitely, and you will be able to obtain the immigration benefit you need to reenter or remain with your U.S. citizen or lawful permanent resident immediate relative.
Persuasively proving “extreme hardship” is often difficult, but our team at Sarpa Law can help. Our Portland fraud waiver lawyer can prepare Form I-601 and advise how best to frame your case. We are committed to helping you continue your immigration journey and will pursue every option that allows you to remain in the United States with your family.
What Role Does An Immigration Lawyer Play In the Application and Approval of I-601 Waivers?
The involvement of a qualified immigration attorney is crucial in the procedure of applying for and securing approval for I-601 waivers. They provide legal advice to determine eligibility for the waiver and assess the potential risks and benefits of submitting an application. Their in-depth knowledge of immigration law equips them with the necessary skills to navigate the complex processes.
Secondly, they assist in gathering and compiling evidence to support your case. This may include affidavits, letters, official documents, or other types of evidence that demonstrate the hardship that the applicant's U.S. citizen or permanent resident spouse or parent would face if the waiver is not granted.
Immigration attorneys may also prepare the waiver application, ensuring it is correctly filled out and accompanied by the necessary supporting documentation. They also craft a compelling legal argument that addresses all relevant legal criteria for the waiver.
In the end, they stand for you, the client, in all engagements with the United States Citizenship and Immigration Services (USCIS), this may involve answering requests for further evidence or being present at interviews, as required.
Essentially, a lawyer navigates the applicant through the whole I-601 waiver procedure, contributing to increase the likelihood of a positive result.
Contact Sarpa Law to schedule a consultation with our fraud waiver lawyer in Portland!
