What Is The I 601 Waiver?
The I-601 waiver is an application to waive various grounds of inadmissibility that makes a person not admissible to the United States. Grounds of inadmissibility are found under Immigration Nationality Act Section 212(a)(2).
Who Is Eligible For A 601 Waiver?
In order to qualify, you must have at least one qualifying relative through which you are making your claim for the waiver. K visa applicants are exempted from this requirement. In lieu of a qualifying relative, the K-Visa applicant must only demonstrate that the petitioner is an American citizen. For all other applicants, qualifying relatives may include a U.S. Citizen or Lawful Permanent Resident (LPR) spouse, parent, or child.
Why Would A I 601 Waiver Get Denied?
Officer adjudicating the case does not believe that applicant has met standard of proving extreme hardship that the qualifying relative would suffer, meaning hardship that is greater than what the qualifying relative would experience under normal circumstances if the applicant was not allowed to come to or stay in the United States.
What Do I Do If I 601 Waiver Is Denied?
If your Form I-601 waiver application is denied, you will receive a denial notice at the address you provided on your Form I-601 application. You may appeal the decision within 30 days by filing Form I-290B, Notice of Appeal or Motion. The denial notice will provide instructions for submitting Form I-290B.
What Is The Difference Between I 601 And I 601a?
The difference between an I-601 and an I-601A waiver is that the I-601A only deals with the ground of inadmissibility relating to unlawful presence while an I-601 also addresses other grounds of inadmissibility including fraud and misrepresentation.
Can Someone Come Back To The US After Being Deported?
It depends on a person’s immigration history and the reason for why they were deported. Individuals who were deported and that are now inadmissible may be eligible for a waiver depending on which grounds of inadmissibility to which they are subject.
What Happens After I 601 Is Approved?
Once the waiver is approved by USCIS, the applicant should receive a packet of information from the U.S. Embassy of his or her country of origin. The packet will instruct the applicant to set up a new interview appointment at the consulate. This packet will generally be sent via DHL the day the consulate receives the I-601 approval notice from USCIS. This is generally 2-3 days after the USCIS approval. If the applicant does not receive the packet within 30 days it is recommended to contact the consulate. Once the packet’s instructions are followed the applicant can schedule the consulate interview online. This process is not done through the National Visa Center, as it was when the applicant received her visa denial.
Depending on when the last interview was with the consulate, the applicant might need to submit updated documents. If the last interview was more than one year ago, the applicant will likely need to have a new medical exam done. In addition, it is likely the consulate will request new biometrics, an updated DS-260 and I-864 Affidavit of Support.
On the day of the interview, the applicant will bring all of the requested documents and her passport. The consulate will retain the passport after the visa is approved. A short time later, possibly as short as a week, the consulate will send via DHL the passport containing the visa and a sealed packet called the ‘Immigrant Visa Packet’. The visa is valid for entry into the U.S. for four months.
Upon entry into the U.S., the applicant will present the sealed Immigrant Visa Packet. The officer will stamp the visa and the stamp serves as a temporary green card (I-551) valid for one year. The actual green card should arrive sometime before the year is up. A social security number will be assigned automatically and a card arrives about three weeks after entry into the U.S
How Long Does The I 601 Waiver Take?
It can take anywhere between 12-18 months.
How Do I Expedite I 601 Waiver?
If you are sending your application to the USCIS Lockbox and believe you have urgent and compelling reasons, at the time of filing you may attach a written request to have your application expedited. If you have already submitted your application to the Lockbox, you can make an expedite request by either contacting the Nebraska Service Center directly by email or by contacting the USCIS Contact Center by phone.
If your application was filed at the USCIS Ciudad Juarez Field Office before December 5, 2012, you may make the request to expedite processing at the time that you file your Form I-601 application. If the application has already been submitted, you may send your request to the office by post office or email. If your application is pending with an international USCIS office, you may contact that office directly by post office or electronic mail.
Can I Apply for A US Waiver Myself?
You can apply for a waiver without an attorney but it is advised that you have an attorney assists you because the process is rather complicated and the type of evidence and arguments that need to be presented to be successful in getting a waiver approved is better suited for an attorney to handle.
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