PHAM & CLOVES, PLLC

What Are The Requirements for Filing an I-601 Inadmisibility Waiver and Extreme Hardship Waiver?

Although both non-immigrant and immigrant applicants may file the same I-601 Inadmissibility Waiver, the standards of review for an I-601 Waiver for an immigrant verses of a non-immigrant are drastically different.  An I-601 Inadmissibility Waiver for an immigrant application is much more difficult to prove than for nonimmigrant applications.  Be sure to contact the Houston Inadmissibility Waiver Attorneys and the Houston I-601 Waiver Lawyers at Veritas Legal Group if you feel that you may need to file an I-601 waiver.  Knowing what application to file, and at what stage, may be the difference between receiving an accepted application and a rejecting application. 

In addition, the procedures are different for those that are outside the U.S. and those that are currently in the U.S.  Aliens that are outside of the U.S. file the I-601 application with the U.S. Consular Office abroad while those that are currently in the U.S. may file with the USCIS, or with the Immigration Judge, if he or she is currently in removal proceedings.  Those that are in the U.S. have the opportunity to apply with the USCIS (CIS) or an Immigration Judge.  As such, if the USCIS denies the application and the person is consequently referred to ICE for removal proceedings, the person may apply again with the Immigration Judge.  Further, if the Immigration Judge denies the application, the person has the opportunity to appeal with the Board of Immigration Appeals (BIA).  Contrary, those that are abroad may only apply with the U.S. Consular office abroad.  A denial by the Consular Office is final and not appealable.  However, the Houston Consular Processing Attorneys at VERITAS Legal Group could be able to represent on your behalf and request the Consular Officer to review and reassess your application.  Nevertheless, I cannot stress enough the importance to consult an attorney prior to filing any immigration application, irrespective of whether with the USCIS or with the U.S. Consular Office.

Requirements for an I-601 Inadmissibility Waiver for an Immigrant Applicant

1. Health Related Issues – The court and the USCIS will consider chronic or specialized treatment requirements for a physical or mental condition for your U.S. citizen or permanent resident spouse, children, or parents that are under your care or supervision and the availability and quality of such treatment in your home country.
2. Economic Conditions & Financial Considerations – If you are the primary contributor to the financial welfare of your U.S. citizen and permanent resident immediate relatives, consider the loss of opportunity or the inability for you to support your relatives in case you are removed from the U.S. 
3. Educational Factors or Lacked Thereof – Consider the loss of opportunity for a higher standard of education for your relatives and for higher education.
4. Special Factors – Consider the cultural and language barrier, persecutions, and medical care for your spouse, children, and parents in moving to a new country. 
5. Personal Factors – Consider ties your family has to the community, including but not exclusive to close friends, relatives, associations, religious groups and institutions in the United States. 

Requirements for an I-601 Inadmissibility Waiver for a Non-Immigrant Applicant

1. Security Issues – Consider the risk of harm to the general public and the security of the U.S. should you be admitted into the U.S.
2. Previous History and Violation – Consider the seriousness of the prior violation of the Immigration and Naturalization Act (INA), including illegal entry, overstaying your visa, or any other violation of the Act.
3. The Nature of The Application – Consider the nature of the nonimmigrant application and the reasons why you are seeking to come into the U.S. or to stay in the U.S. 

 Each I-601 Inadmissibility and Extreme Hardship Waiver is unique in facts and circumstances.  Please consult with the Houston I-601 Inadmissibility Waiver Attorneys and the Houston I-601 Extreme Hardship Waiver Lawyers at Veritas for more information and guidance.  If you are currently in going through removal proceedings, please contact our Houston Deportation Defense Lawyers and our West Houston Immigration Bond Lawyers.  One of our Spring Immigration Litigation Lawyers will answer any question that you may have regarding your eligibility or to file an application.  If you are not sure whether an I-601 waiver is applicable, please feel free to contact our office at 832-484-9015 or ob the web through our online web inquiry.