I-601 Hardship Waivers: Overcoming Immigration Obstacles
If you or your loved one has been told you are inadmissible to the United States, you might feel discouraged and uncertain about your future. Being denied entry due to past immigration issues, criminal convictions, or other reasons does not always mean the end of your immigration dream. At the Law Office of Andy Nguyen, PLLC, our experienced Arlington immigration attorney can help you file an I-601 Hardship Waiver, giving you a second chance to achieve legal residency.
Serving families in Arlington, Grand Prairie, Mansfield, and throughout Texas, our firm helps clients successfully navigate complex immigration laws and procedures, clearly explaining each step in Vietnamese, Spanish, or English.
When Do You Need an I-601 Waiver?
There are many reasons why someone might be considered inadmissible, including:
- Unlawful entry or previous illegal presence in the U.S.
- Prior immigration violations
- Certain criminal convictions
- Health-related issues
- Other grounds defined by immigration law
If you are ineligible for admission or unable to adjust your immigration status due to any of these reasons, filing an I-601 Waiver may offer you a solution.
How Does an I-601 Waiver Work?
To qualify for an I-601 Waiver, you must demonstrate either:
- Extreme hardship to a U.S. citizen or lawful permanent resident family member if your waiver is denied
- Or that your positive qualities and contributions significantly outweigh the reasons for your inadmissibility, and that you do not pose a risk to society.
Our immigration attorney will carefully review your circumstances, determine if you qualify, and guide you through the waiver application process from beginning to end.
Why Choose the Law Office of Andy Nguyen, PLLC?
- Personalized Attention:
We take time to understand your unique situation and clearly explain your options.
- Expertise in Complex Cases:
Our attorney has extensive experience preparing strong and persuasive waiver applications.
- Full-Service Representation:
We handle all paperwork, represent you at hearings, and keep you informed throughout the process.
- Multilingual Support: Fluent in Vietnamese and Spanish, ensuring effective communication at every step.
Schedule Your Consultation Today
If you or a loved one is facing immigration challenges due to inadmissibility, don’t wait. Contact our Arlington office today at (817) 704-3303 or contact us online for a consultation. We offer competitive rates and are committed to helping you and your family secure a better future.
Family Immigration Articles
Under certain circumstances yes for example U.S. Citizen file I-130 for the child to apply for nonimmigrant K-4 visa, this will entitle him or her to come to the U.S. to live and work to go to school while visa petition is pending. However, on Non-Immigrant Visas such as K-1 visa would have to wait outside. What Are The Most Common Reasons A Family-Based Visa Is Denied? Fraud, grounds of inadmissibility, lack of sponsorship. Who Qualifies To Submit A Provisional Waiver In The United States? To be eligible for a provisional unlawful presence waiver, you must meet ALL of the following conditions: Be physically present in the United States to file your application and provide biometrics. Be 17 years of age or older. Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with the Department of State (DOS) because you: Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee; Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee); Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS; or Are the spouse or child of a DV Program selectee (that is, you are a DV Program derivative) Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent. Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was: More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or 1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II)). Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions. You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you: You do not meet all of the conditions listed under the eligibility mentioned above. You are in removal proceedings that have not been administratively closed. At the time of filing, you are in removal proceedings that have been administratively closed but have been placed back on the Executive Office for Immigration Review (EOIR) calendar to continue your removal proceedings. You have a final order of removal, exclusion, or deportation (including an in-absentia order of removal under INA 240(b)(5)). If you have a final order of removal, exclusion, or deportation, you can only seek a provisional unlawful presence waiver if you have applied for, and we have already approved Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal at the time you file the Form I-601A. You do not meet one or more of the requirements outlined in the Form I-601A and its instructions. What Grounds Of Inadmissibility Does The Waiver Apply To? I-601A Unlawful Presence I-601 Waiver: INA section 212(a)(1) Health-related grounds of inadmissibility; INA section 212(g)(1) Health-related grounds of inadmissibility due to a communicable disease of public health significance defined in 42 CFR 34.2(b) including Class A tuberculosis, chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, syphilis (infectious), leprosy (infectious), etc.; INA section 212(g)(2)(C) LPR applicants seeking an exemption of a vaccination requirement based on religious beliefs or moral convictions; INA section 212(g)(3) Physical or mental disorder associated with harmful behavior that poses, has posed, or will pose a threat to your safety, property, or welfare and that of others; INA section 212(2)(2) Certain criminal grounds of inadmissibility; INA section 212(a)(6)(c) Immigration fraud and misrepresentation; INA section 212(a)(3) Immigrant membership in a totalitarian party; INA section 212(a)(6)(E) Alien smugglers; INA section 212(a)(6)(F) Aliens subject to a civil penalty; INA section 212(a)(9)(B) Aliens subject to the 3-year or 10-year bar due to unlawful presence in the United States; What If A Person Is Already Outside The US Or Is Scheduled For An Immigrant Visa Interview Outside The US? The individual would attend the immigrant visa interview at their respective U.S. Consulate/Embassy and Consular Officer would hand him or her instructions on what waiver he or she needs to seek and which grounds of inadmissibility he or she needs waived. What If A Person Is Currently In Removal Proceedings Or Is Subject To A Final Order Of Removal? You have a final order of removal, exclusion, or deportation (including an in-absentia order of removal under INA 240(b)(5)). If you have a final order of removal, exclusion, or deportation, you can only seek a provisional unlawful presence waiver if you have applied for, and we have already approved Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal at the time you file the Form I-601A. If A Person’s I601A Waiver Is Denied, Is It Possible To Appeal? USCIS provides no appeals process for denials of applications for a provisional unlawful presence waiver. Similarly, the agency will not accept a request to reopen a case or a request that it reconsider its decision. Therefore, it is crucial that you submit a complete application the first time around. applicants may resubmit a new waiver application showing new or additional evidence. For more information on Living In US With A Pending Visa Petition, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.
Definition Child : an unmarried person under 21 years of age For immigration purposes, a child can be any of the following: A genetic child born in wedlock A genetic child born out of wedlock: If the mother is petitioning, no legitimation is required. If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence. If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried. A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth. A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18 An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Processpage apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan or Hague If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information. Son or Daughter : a person who is married or is 21 years of age or older Parent : include biological/step-parent. See INA §101(b)(2) If you are a U.S. Citizen, you can petition for the following individuals: Immediate Relatives Spouse of US Citizen Unmarried child under 21 years of age of a U.S. Citizen or Parent of a US Citizen (if US Citizen is 21 years of age or older) Preference Category First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. If you have a Green Card, you can petition for the following individuals: Preference Category Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation. What Constitutes “Family” When Applying For A Family-Based Visa? Parent Spouse Children US Citizen Sibling I Am A US Citizen And I Have Been Told That My Spouse Who Is Undocumented Will Have To Leave The US To Obtain A Green Card. Why? Your spouse did not make a legal entry into US meaning admitted or paroled and therefore needs to consular process do interview at US Consulate/Embassy in their home country they are inadmissible for purposes of green card so need to also seek waiver. Only individuals who made legal entry into U.S. can Adjust Status and get green card in United States. Can My US Citizen Son Or Daughter Petition For Me? Yes, if they are 21 years of age or older. My Priority Date Was Current Last Month, But Not This Month. What Happened? Internal matter with USCIS; shorter staff; supply and demand, the more people start the application process to immigrate to the US, the longer the waiting list gets but sometimes, so many people apply after a certain Priority Date is published that the State Department gets overwhelmed, and needs to put on the brakes. It does this by moving the Priority Date in that particular visa category backward; retrogression. My US Citizen Sibling Petitioned For Me Many Years Ago And A Visa Is Now Available For Me. Can My Spouse And Children Apply For A Green Card With Me? As a U.S. citizen, over age 21 and residing in the U.S. you may file an I-130 petition to bring your brothers and sisters to the United States for permanent residence. Once your petition for your sibling is approved, they can bring a spouse and any unmarried children under age 21. If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa. Your spouse and/or children may be eligible for following-to-join benefits if: The relationship existed at the time you became a permanent resident and still exists, AND You received an immigrant visa or adjusted status in a preference category I Was A Legal Permanent Resident When I Filed An I-130 Family Petition For A Family Member, But Now I Am A US Citizen, What Should I Do? If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send: A copy of the biodata page of your U.S. passport; or A copy of your certificate of naturalization. For more information on Eligibility For Family-Based Green Card/Visa, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.
