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What is an I-601 waiver?

Published on December 31, 2012 by in Immigration

If you are a U.S. citizen or legal permanent resident who is married or engaged to an undocumented immigrant you may think you can easily legalize your spouse. This may be harder than you think. There are times when your loved one will be deemed “inadmissible” and therefore unable to simply file through you for a green card. In such a situation it may be possible to file an I-601 Application for Waiver of Grounds of Inadmissibility for them. This consists of filing an I-601 waiver.

There are different sections of immigration law that allow for this. Under those sections some undocumented immigrants can file for a waiver if they have a “qualifying relative” that will suffer “extreme hardship” if the loved one is not admitted.

Extreme hardship is not the heartache and difficulties that normally happen when a couple is separated. However, the hardships you have can be added together to meet the level of hardship needed. Some factors that the government considers are: Health – A physical or mental condition that you need continual treatment for; Financial – Future employability and financial losses if the waiver of inadmissibility is not approved; Personal – Hardships that your close relatives will suffer if the waiver of inadmissibility is not approved; Education – If you cannot continue with your education goals and the impact it would have on your earnings; and Special Factors – Cultural, language, religious, and ethnic issues.

These are only some of the hardships that can be aggregated to show “extreme hardship”.  For additional information on I-601 waivers and its process contact our firm.

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