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Improving the Chances of Approval for an I-601 Application

By Spodek Law Group | October 8, 2016
(Last Updated On: May 27, 2023)

Last Updated on: 27th May 2023, 12:18 pm

When a person who wishes to immigrate to the United States has been deemed inadmissible, they may still be able to have the finding of inadmissibility waived by filing a I-601 waiver of inadmissibility petition. The determination of these petitions can be subjective, but there are certain ways that a person may make it more likely to have their waiver granted.
Showing Extreme Hardship
One of the most common ways to have an I-601 waiver petition granted is by showing that a relative who is in the country legally would experience extreme hardship in the event the applicant was not allowed to remain in the U.S. In many cases, even though the relative would suffer an extreme hardship, the waiver is denied because it lacked supporting evidence. An immigration attorney may help to collect the evidence that will be needed to demonstrate extreme hardship, thus making it likelier that their client’s I-601 waiver of inadmissibility application will be approved. In some cases, even though the person’s spouse or relative would experience extreme hardship, the application may still be denied if the spouse is from the same country as the applicant and speaks the same language. If the application is denied, the attorney may then file a motion to reconsider or to reopen the case. The person may also file a new application in order to try to get their application before a different judge.
Aggravating Factors
In some cases, a would-be immigrant may have certain things in their background that are considered to be aggravating factors in the determination of whether to approve or deny an I-601 waiver application. If the applicant has one of them, it is much more difficult for them to receive an approval. Aggravating factors may include such things as entering into a fraudulent marriage, past immigration law violations, criminal convictions, criminal charges and arrests. If the person’s spouse has any of these aggravators and is from the same country as the applicant, the court will also consider those in determining whether to grant the application or to deny it. There are also additional factors that are considered to be aggravating ones. When the person meets with their immigration attorney, they should expect their attorney to ask about any aggravating factors. They should definitely identify all potential ones so their attorney can better help them.
People should also be aware that the reason for their initial determination of inadmissibility may also be an aggravating factor. If the person was deemed inadmissible for criminal violations, misrepresentations or fraud, they will have a much more difficult time in getting their application for a waiver granted. An approval of the I-601 application in such cases may necessitate much more evidence that being sent out of the country would cause an extreme hardship to the spouse or other relative. An immigration attorney may help to gather the additional evidence that will be needed to support the application.
Mitigating Factors
In addition to providing additional evidence of extreme hardship, the attorney will ask their client about any mitigating factors that may be present. Mitigating factors are evidence presented that tends to lessen the aggravating nature of the aggravating factors. They may include successfully completing an alcohol or drug rehabilitation program following an arrest or conviction for substance abuse-related crimes. In the event that the person’s spouse is from their same country, showing that the spouse must remain in the U.S. to care for another disabled or sick relative may help to mitigate the application and strengthen the reasons for granting it. Other examples of mitigating factors may include a person’s being in the country illegally but having a good faith belief that they had complied with the immigration laws. An immigration law attorney will work to identify any mitigating factors that are present in their client’s case in order to present the strongest possible I-601 to the immigration court.
Seeking Legal Help for a Form I-601 Waiver of Inadmissibility Application
There is no guarantee that any I-601 application to waive inadmissibility will be successful. Seeking the help of an attorney may be helpful, as the attorney may be better able to draft the application and collect the documentation that may strengthen the person’s chances for approval. An attorney may also be abreast with the current immigration law, helping them to make arguments on behalf of their client to the court.

Winning the Battle with the I-601 Waiver of Inadmissibility: A Comprehensive Guide for Success

For individuals striving to immigrate to the United States, enduring the nail-biting process of an I-601 waiver of inadmissibility petition is often unavoidable. Although the outcome of these petitions can be subjective, there are certain methods that may increase the likelihood of having a waiver granted. By grasping the concept of showing extreme hardship, understanding aggravating factors, and utilizing mitigating factors, you can significantly boost your chances of winning the I-601 battle.

Show the Extreme and Devastating Hardship to Your Family

One of the most compelling ways to ensure the success of your I-601 waiver lies in demonstrating that a legally residing relative in the United States will face excruciating, life-altering hardships if you are denied entry. Far too often, a waiver request is denied due to insufficient supporting evidence, leaving the desperation of the relative unacknowledged.

An experienced and knowledgeable immigration attorney is absolutely crucial in assisting you in amassing the vital evidence to prove extreme hardship, thus increasing the chances of the application’s approval. Even if your spouse or relative hails from the same country as you and speaks the same language, the attorney may file a motion to reconsider or reopen the case, or submit a new application entirely in the hopes of presenting it to another judge.

Aggravating Factors: Dangerous Barriers to Your Success

Sometimes, the background of an I-601 applicant may contain factors deemed as incredibly aggravating by the determination process of the application. Simply put, if these aggravating factors exist in your background, the road to success becomes substantially more challenging.

Aggravating factors encompass past immigration law violations, fraudulent marriages, criminal charges, arrests, and convictions. Furthermore, if your spouse shares the same country of origin as you and has aggravating factors as well, the court will take all of these factors into account when deciding whether to approve or deny your waiver.

Open Communication with Your Immigration Attorney is Essential

Your immigration attorney will inquire about any potential aggravating factors you may have. It is crucial to be completely transparent and disclose every potential aggravating factor as this information will enable the attorney to better assist you in winning your case.

Be aware that your original assessment of inadmissibility may also be considered an aggravating factor. If you were deemed inadmissible due to criminal violations, fraud, or misrepresentations, a significantly more difficult journey lies ahead in achieving a waiver. In such situations, an approval may necessitate an overwhelming amount of evidence to demonstrate the extreme hardship faced by the spouse or other relative. An immigration attorney’s expertise in collecting this additional evidence is invaluable.

Unleash the Power of Mitigating Factors

Alongside the daunting task of providing extra evidence of extreme hardship, your attorney will request information about any mitigating factors that may be present in your case. Mitigating factors are golden opportunities that have the potential to soften the harsh nature of the aggravating factors, ultimately tipping the scales in your favor.

Examples of mitigating factors include the successful completion of alcohol or drug rehabilitation programs following an arrest or conviction for substance-related crimes. If your spouse hails from the same country as you, demonstrating their essential presence in the United States to care for a sick or disabled relative can also strengthen the reasons for granting the waiver. Immigration attorneys will work diligently to identify any mitigating factors in your case, presenting the strongest possible I-601 argument to the immigration court in the process.

Legal Help is the Key to Unlocking Your American Dream

While there are no guarantees that your I-601 waiver of inadmissibility will prevail, seeking the expertise of an immigration attorney dramatically improves the odds. Their ability to skillfully draft the application and collect the crucial documentation will undoubtedly strengthen your chances of success. Moreover, their familiarity with ever-changing immigration laws enables them to construct powerful arguments on your behalf, ensuring that your dreams of entering the United States do not go unfulfilled.

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