If you are an immigrant who wants to apply for certain immigration benefits, you may need to file the 601 Waiver for Grounds of Inadmissibility. This waiver helps you overcome some grounds of inadmissibility that may prevent you from getting the immigration benefit. These grounds include health, criminal, and immigration violations.
To qualify for the waiver, you must meet the following qualifications:
- You have a qualifying relative who is a U.S. citizen or a lawful permanent resident, and;
- Your relative would suffer extreme hardship if you are denied admission to the U.S;
- Other balancing factors to show you or your immediate relative or family members could suffer hardship should you be denied the admission.
You must file the waiver with the U.S. Citizenship and Immigration Services (USCIS) and provide evidence of hardship and good moral character. The USCIS will review your application and decide whether to approve or deny it.
However, getting the waiver approved does not guarantee that you will get the immigration benefit. You must still meet other eligibility requirements for the benefit. The 601 waiver of inadmissibility is a complex and lengthy process. It is advisable to consult an immigration attorney before applying for it.
There are some common reasons why USCIS may deny your waiver application, such as:
- You have other ineligibilities besides unlawful presence. For example, previous deportation, crime, or unlawful reentry.
- You fail to prove extreme hardship to your qualifying relative. Extreme hardship means more than the common consequences of denying admission, aka, you cannot just prove that your immediate relative will suffer the hardship, it must be extreme hardship.
- You submit incomplete or insufficient evidence to support your waiver request. You should provide relevant, probative, and credible evidence for each assertion.
- You do not meet the standard of proof by a preponderance of the evidence. This means that it is more likely than not that your claim is true.
If USCIS denies your waiver, you may have some options, such as:
- Reapplying for the waiver with additional or new evidence.
- Appealing the decision to the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA).
- Seeking a judicial review in federal court.
However, these options may have risks and limitations. For example, reapplying may trigger removal proceedings if you are unlawfully present in the U.S. Appealing or suing may be costly and time-consuming. Therefore, it is important to prepare a strong and convincing waiver application from the start. Attorney Sarah Mu is a highly experienced immigration attorney who can help you navigate the complex immigration system and fight for your best interest! Please call or email us today to schedule your first consultation!