SOME OF OUR WAIVER APPROVALS
Great Waiver Packages Result In Approvals
Some of the non-residents who live in, or wish to come to the United States, are not permitted to do so because of what is known as “grounds of inadmissibility.”
Some others who are already in the United States and are permanent residents or green card holders can be stopped at the U.S. borders and be placed in deportation or removal proceedings because
they have committed crimes while in the U.S. that may make them “inadmissible.”
For some of these cases, waivers are available, which can overcome these grounds of inadmissibility once approved.
Naturally, you may have questions such as what is a 601 waiver? What next after I-601 waiver is approved? How long does a 601 or 212 H waiver take?
Below you will find the answer to these questions and more
Generally speaking, the waiver is not given to the person who has been deemed inadmissible, but to their parents, spouse, or children who will experience some form of extreme hardship if the individual is not allowed to return or be admitted as a green cardholder.
In other words, although this person has done something to make their return to the U.S., or obtaining residency, undesirable, there are other reasons, such as Extreme hardship to their immediate qualifying relative, that outweighs the desire to keep them out of the U.S.
By and large, a waiver request is granted for one or more of the following reasons:
Unlawful Presence I-601A Waiver Some background: Immigration and Nationality Act (INA) §. Section 212(a)(9)(B) imposes a ban on immigrants who accumulate an "unlawful presence" in the United States, leave the country, and attempt to re-enter the country legally.
Generally, an immigrant who enters the United States without inspection or overstays his/her authorization is considered unlawfully present. Individuals with an accumulation of more than 180 days but less than a year of unlawful presence are prohibited from re-entering or returning to the United States for three years, and persons with an accumulation of more than one year of unlawful presence are prohibited for ten. years
What is a waiver, sometimes this is referred to mistakenly as a pardon or perdon depending on the language? And who is eligible?
In the traditional process, an immigrant visa applicant arrives at a US consulate for an interview, and if the consular officer determines that the person is inadmissible due to unlawful presence but has the right to apply for a waiver, the consular officer stops the case and tells the person that at that time, they are not eligible for an immigrant visa but a waiver may be possible. The person has the opportunity to request an exemption.
Unfortunately, under the prior law, a person had to wait outside the United States, separated from their family, while the waiver was processed for several months or even years. This created great uncertainty for families who had to leave the country without knowing if or when they would be allowed to return.
In August 2016, the federal government issued a rule that expands eligibility for a provisional waiver to anyone who meets the requirements of the Immigration and Nationality Act (INA).
In other words, anyone who enters the employment-based immigration system or diversity visa lottery (DV), family-based immigration system and any other immigrant classification (I-360 mixed class) can receive a provisional waiver as long as they can show "exceptional and extremely unusual hardship" to the spouse or parent of a US citizen or lawful permanent resident (LPR).
The 2016 rule also expands eligibility to certain individuals who have a final order of removal, removal, or deportation. In summary, the I-601A is an immigration petition form and process that allows relatives of certain US citizens or permanent residents to apply for a waiver of inadmissability to multiple years of illegal residence before they subsequently leave the United States.
To apply for I-601A, you must:
•be physically present in the United States;
• you have an approved petition
• Cannot enter the United States because you were here illegally for more than 180 days after your 18th birthday;
• You have a qualifying relative who would suffer extreme hardship if the waiver were not granted. Qualifying relative must be a:
US citizen or legal permanent resident;
The qualifying relative must be a spouse or parent (NOT your child, although hardship to the child may be the basis for a qualifying relative);
The qualifying relative does not have to be the person who filed the I-130 Family Immigrant Petition on your behalf (in other words, if your spouse is filing on your behalf, the qualifying relative
can be a parent);
You may have more than one qualifying relative; USCIS aggregates these hardships to determine "exceptional and extremely unusual hardship."
Individuals Ineligible to Apply You may not be eligible to apply for I-601A if any of the following apply to you:
• you are under 17 years of age;
• You cannot be accepted for any other reason than staying longer;
• You have previously been subject to removal or have been removed and your removal has not been completed or you have been subject to a final order of removal or removal in immigration court;
• You had an immigrant visa interview at a US consulate scheduled by a consular officer before January 3, 2013 (even if the actual interview was scheduled after January 3, 2013), you are not eligible
to apply for a temporary waiver. This also applies to candidates who did not appear for the interview, canceled the interview or rescheduled the interview.
• You are permanently blocked. "Permanent obstruction" applies to people in two situations: you have been in the United States illegally for more than a year since 1996 and then returned to the
United States or attempted to return to the United States illegally, or you were ordered removed from the United States and then returned to the United States or attempted to re-enter the United
States illegally.
How long does it take for a 601 Waiver to be approved?
In our experience, it varies, but between 6 months to 1 year is the normal time.
What is next after my I-601A waiver is approved?
Your case will no have to undergo Consular processing at a U.S. Consulate overseas.
How can I apply for a 601 waiver?
Although the form required for this type of request seems easy to fill out, it is your burden of proof to show you deserve such a discretionary relief, and in our experience, this is hard to do without professional help and guidance.
What happens if a 601 Waiver or a 212 H waiver, or any other immigration waiver is denied?
You can appeal the decision, or re-file it with more evidence. Keep in mind that with each filing you may, and likely will, experience more resistance. It is best to put the best and strongest case the first time out.