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.
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.
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.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
85 Broad Street, 30th Floor
New York, NY 10005
35-37 36th St,
Astoria, NY 11106
195 Montague St.
Brooklyn, NY 11201