I-601 & I-601A Waiver

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  • An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States.
  • This waiver can be filed to overcome: past unlawful presence in the U.S.; Misrepresentation, criminal activity.
  • For foreign-filed waivers at U.S. Consulates, the alien must remain abroad while the I-601 is in process, which in some places can take 6-12 months or more, depending on the location.
  • Waivers must establish that a qualifying relative will suffer “extreme hardship” if the alien is not admitted.
  • All arguments for Applications for Waivers of Grounds of Inadmissibility are based on the precept that there is a qualifying relative who will suffer “extreme hardship” if the Alien’s admission is denied. “Extreme hardship” is very vaguely defined as greater than the normal hardship the qualifying relative can be expected to experience if the Alien is denied admission. It is important to prove both why the qualifying relative cannot move abroad AND why the qualifying relative cannot simply live in the US without the Alien. It is not enough to say that the qualifying relative will miss the Alien’s company as this is considered “normal” hardship, not extreme hardship.
  • Those with further questions are welcome to consult with an attorney at the law offices of Caro Kinsella to obtain advice on this important document.