Am I Eligible for a 601 Waiver?

Am I Eligible for a 601 Waiver?

When you apply for a green card or for a visa, you must meet certain requirements. One of those requirement is that you are legally admissible to the U.S. If you are inadmissible for one reason or another, you still may be able to get a visa or green card if you can get a waiver of inadmissibility. A 601 waiver, or a waiver of inadmissibility, means that the U.S. government agrees to legally “forgive” you for whatever ground is making you inadmissible to the U.S. There are different requirements for each ground of admissibility, so you will have to make sure that you can satisfy all of the criteria before you apply for a waiver on a certain ground. One of the most common grounds for inadmissibility is unlawful presence in the U.S., which results in either a three or ten-year bar to you reentering the U.S. In certain situations, you may qualify for a waiver of inadmissibility. For example, if you have U.S. citizen or lawful permanent resident spouse, fiancé, or parent who will experience “extreme hardship” if you are denied admission to the U.S. However, you cannot apply for this type of waiver on the basis that you have a U.S. citizen or lawful permanent resident child. There is no clear definition of “extreme hardship,” but it generally means that your hardship is greater than a normal hardship. Some factors that a USCIS officer might consider in determining whether there is an “extreme hardship” include the health of the qualifying relatives and need for medical care, financial issues, loss of opportunity for education, personal issues, such as the presence of other close relatives in the U.S., and other special considerations, including the valid fears of persecution or physical harm. Landerholm Immigration, A.P.C. is an Oakland immigration law firm who has dedicated their practice to protecting the interests of immigrants who wish to remain in the U.S., but who are facing potential deportation. We are prepared to build the strongest case possible in order to defend you against deportation. Contact us today to set up your legal consultation and discover what assistance we can offer to you and your family.
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