I-601 & I-601A WAIVER
**USCIS New Ruling Regarding I-601A Waiver effective starting August 29, 2016: Eligibility for the provisional waiver process is expanded to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility. To qualify for a provisional waiver, applicants must establish that their U.S. citizen or lawful permanent resident spouse or parent would experience "extreme hardship" if the applicant is not allowed to return to the United States.**
A person inadmissible in the United States may apply for an application for waiver based on qualifying extreme hardship. As of March 4, 2013, the provisional waiver I-601A was created to expedite the 601 Waiver process for those found inadmissible due to unlawful presence and are immediate relatives of a U.S. citizen. At Tsang & Associates, we have a history of successfully obtaining all types of waivers, and will help you compile all of the necessary forms and supporting documents. Our attorneys will assess your circumstances and assist you in meeting the requirements. Consultations are free and we look forward to speaking with you.
Our attorney will prepare a complete I-601 Waiver application, in addition to providing you with:
- 2 hour strategy session with our waiver attorney;
- A winning attorney filing that exceeds 1000 pages;
- Court, Expungement and FBI document retrieval support;
- Freedom of Information Act (FOIA) request with Immigration Office;
- Professional support with CPA, Family Counselors, Pastors, and Doctors.
In short, we provide a start to finish service. Your case is safe with us until the case is complete.
Legal Fee $10,000
*Legal Fees vary based on complexity of each case, and the above quoted price represents the amount we charge for a typical case.
The I-601 is the traditional waiver filed to permit a foreign national who has been denied admission to the United States to gain admission as a lawful permanent resident under certain circumstances. The following is a list of grounds causing inadmissibility that can be waived through the I-601:
- The 3-year or 10-year bar due to previous unlawful presence;
- Certain criminal grounds;
- Immigration fraud or misrepresentation (except on a false claim to be a U.S. citizen);
- Health-related grounds.
This is not an all-inclusive list. Please see the USCIS website for more information.
As of March 4, 2013, certain immigrant visa applicants who are immediate relatives of U.S. citizens can apply for the new I-601A waiver. This waiver allows individuals who only need to waive their unlawful presence to remain in the United States during the application process, as well as before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad. This new process is expected to shorten the time U.S. citizens are separated from their immediate foreign national relatives, as they go through the process of obtaining immigrant visas to become lawful permanent residents.
Starting August 29, 2016 this waiver is extended to include immediate relatives of lawful permanent residents in addition to U.S. citizens.
In order to qualify for this new waiver, you must meet the following criteria:
- Currently be physically present in the United States;
- Be at least 17 years of age;
- Be an immediate family member to a U.S. citizen (starting August 29, 2016 also includes lawful permanent resident) (Spouse, Parents);
- Have no criminal record (please contact us if you have any concerns);
- Have no history of deportation (or being caught at the border).
The purpose of a waiver application is to demonstrate that the U.S. Citizen or permanent resident immediate relative of a foreign national will suffer extreme hardship due to either the removal of the immediate relative, or the forced relocation to said relative's native country. Within the law, however, there is no specific definition of the notion of "extreme hardship". Ultimately, the key term in the provision is "extreme", and thus only in cases of actual or prospective injury to the U.S. Citizen relative will the waiver be approved. Factors that constitute extreme hardship include:
- Health, in regards to:
- Ongoing or specialized treatment requirements for a physical or mental condition;
- Availability and quality of such treatment in your country and the anticipated duration of the treatment;
- Chronic or acute nature of condition, long or short-term nature of condition;
- Financial considerations, in regards to:
- Future employability;
- Loss due to sale of home or business, or termination of a professional practice;
- Decline in standard of living and ability to recoup short-term losses;
- Cost of extraordinary needs, such as special education or training for children;
- Cost of caring for family members, such as elderly and infirm parents;
- Education, in regards to:
- Loss of opportunity for higher education;
- Lower quality or limited scope of education options;
- Disruption of current program;
- Requirement to be educated in a foreign language or culture with ensuing loss of time in grade level;
- Availability of special requirements, such as training programs or internships in specific fields;
- Personal considerations, in regards to:
- Close relatives in the U.S. and/or your country;
- Separation from spouse/children and the ages of involved parties;
- Length of residence and community ties in the U.S.;
- Special factors, in regards to:
- Cultural, linguistic, religious, and ethnic obstacles;
- Valid fears of persecution, physical harm, or injury;
- Social ostracism or stigma, and access to social institutions or structures.
In order to provide you with the best and most accurate consultation, we recommend that you bring as many of the following information/documents as you can to ensure a productive meeting.
- Evidence of commitment to community via letters, awards, memberships, social media presence, etc.
- School and/or work records and resume
- Medical history
- Financial information and documents
- Evidence of property ownership
- Evidence of relationship with petitioner via cards, letters, emails, visits, etc.
- Lots of Pictures
- Evidence of child(ren)'s commitment to community via letters, awards, memberships, social media presence, etc.