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During the immigration process, many people encounter substantial obstacles to obtaining lawful status in the United States. Those obstacles can include criminal convictions, charges of alien smuggling, unlawful presence in the United States, or a prior order of removal.
In some instances, however, an individual may overcome these obstacles by obtaining a waiver. The two most common types of waivers are I-601A, Provisional Waivers, and I-601, Inadmissibility Waivers.
If you have questions about immigration waivers then contact an immigration attorney with offices in West Chester in Chester County or Media in Delaware County, PA. Call our office to discuss your case.
Ideally, all aliens who enter the United States will do so lawfully after inspection and admittance by an immigration official and will leave by the time their visa is up. Many aliens remain in the United States unlawfully—either by unlawful entry or overstaying a visa.
Aliens who have accrued more than 180 days of unlawful presence, and subsequently try to obtain a green card, face certain time bars. In these scenarios, the alien must obtain an I-601A waiver before lawful permanent residence can be granted.
In order to succeed on an I-601A waiver application, the alien must fulfill all the following requirements:
Be the spouse, child, or parent of a United States citizen
Prove refusal of admission would cause extreme hardship to the U.S. citizen spouse or parent
There exist no other grounds of inadmissibility
An I-601A applicant may remain in the United States while the application is pending. If approved, the applicant must leave the United States for a consulate interview in their home country.
For this reason, I-601A waivers are attractive to applicants but selectively granted by immigration officials. Contact Skinner Law Firm at (610) 436-1410 for one of our experienced attorneys to assist you with this process.
Similar to I-601A waivers, I-601 waivers are necessary to remedy certain grounds of inadmissibility before an individual can be granted an immigrant visa, adjustment of status, or certain other immigration benefits.
In addition to unlawful presence, there exist several other grounds of inadmissibility; including but not limited to, fraud and misrepresentation, alien smuggling, and multiple criminal convictions. It should be noted, not all criminal convictions can be waived. Certain criminal convictions can never be waived.
The requirements for an I-601 waiver are similar to those for an I-601A, Provisional Waiver, but require the alien to:
Be the spouse, child, or parent of a United States citizen or lawful permanent resident
Prove refusal of admission would cause extreme hardship to the U.S. spouse or Legal Permanent Resident spouse or parent
I-601A and I-601 waivers are discretionary forms of relief. There are no uniform criteria regarding what is considered extreme hardship. The courts have vaguely defined extreme hardship as a hardship that is unusual and beyond which would normally be expected and the common results of deportation are insufficient to prove extreme hardship. Hassan v. INS.
The courts further explained extreme hardship is not definable by fixed and flexible meaning. Extreme hardship is dependent on the facts of each case. Matter of Cervantes.
As a result, proving extreme hardship can be extremely difficult. However, without such proof, the waiver application will not be approved, thus, jeopardizing the entire immigration process.
The attorneys at Skinner Law Firm possess the knowledge and skill to articulate the best arguments possible in proving extreme hardship. Contact