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601 Waiver

601 waiver is the common name for the inadmissibility waiver for US immigration used to overcome bars for visa overstay and misrepresentation or fraud. To qualify for a 601 waiver, an intending immigrant must have a qualifying relative who would suffer extreme hardship should the person not be allowed to immigrate. Certain individuals who wish to immigrate to the United States are barred from doing so if they have prior US immigration violations. For instance, if one overstays a prior US visa, he or she may not be able to return to the United States for a specific period of time (time bar). If an individual entered or attempted to enter America using fraud or some type of misrepresentation, such as using someone else’s passport, he or would be barred for entering the US without a 601 waiver. In order to have a 601 waiver approved, the applicant must show that a qualifying US citizen or Lawful Permanent Resident (LPR) relative would suffer extreme hardship if the applicant were not allowed to immigrate. An immigration attorney can help with a 601 waiver by preparing form I-601 and a waiver package. The 601 waiver attorney will interview the applicant and qualifying relative in order to determine which evidence will be prove extreme hardship.


News: 601 Waiver

I-601 Waiver Peru: Case Study 3

An applicant’s 601 waiver was denied at Lima, Peru, resulting in his inability to get a green card. Some years before, the man had submitted fraudulent employment references to the US Embassy when applying for an E-3 visa. As a result, the man was inadmissible to the United States for misrepresentation under INA section 212(a)(6)(C)(i). What does an applicant need to prove in a 601 Waiver? When a US green...

601 Waiver Processing Time

How long does it take to get a decision on a 601 waiver after it is filed with immigration authorities? Well, it depends. The processing time for a 601 waiver depends on a number of factors including, but not limited to, where it was filed, the applicant’s criminal history, the applicant’s immigration history, and whether or not the applicant qualifies for a expedite of the application. For prior...

601 Waiver Mexico: Case Study 2

The following case study is provided for informational purposes only. Millie Anne Cavanaugh, Esq. had no involvement in the handling of this case. In September 2009, the Administrative Appeals Office (AAO) of the USCIS upheld the decision of the local immigration officer in Mexico City denying a 601 waiver due to an EWI (enter without inspection) and subsequent 5 year overstay. The waiver was filed pursuant to INA...

601 Waiver & Extreme Hardship

When a potential client calls to discuss their 601 waiver case, it is always essential to discuss with them what constitutes extreme hardship for the purposes of the 601 waiver.  Frequently, the client will assume that his or her particular situation clearly qualifies as extreme hardship, and simply wants to know how long it will take to get the waiver approval. Unfortunately, US immigration officials typically...

601 Waiver and a Green Card through Marriage

Imagine you’ve just married the love of your life. You’re a United States citizen. He’s from Ireland. You’ve decided that you’d like to make a life in America and contact an immigration lawyer to discuss how to go about getting a green card through marriage for your husband so that he can move to the US. An immigration lawyer will likely discuss all the ways he can get a green card...

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