An applicant may come across this enormously intimidating and potentially threatening issue of inadmissibility while trying to get a U. S green card or an immigrant visa. Nevertheless, You can use the ‘waiver of inadmissibility’ to legally overcome the obstacles related to inadmissibility and continue with your application. Typically, this involves filing Form I-601 with the U.S. Citizenship and Immigration Services (USCIS). This article provides details on the factors that can increase or decrease the likelihood of your I-601 waiver being approved.
Standards for Receiving U.S. Government Approval of an I-601 Waiver
Certain elements determine whether the I-601 waiver will get approved, based on the type of inadmissibility grounds you face. Each waiver category has unique requirements:
Vaccination Requirement Waiver
To qualify for an exemption from the vaccination requirement to enter the country for the U.S.; the best thing to do is to demonstrate that the opponent has a genuine religious or moral viewpoint against vaccination.
Health-Based Inadmissibility Waiver (e.g., Tuberculosis)
For health-based inadmissibility issues such as tuberculosis, applicants should attach a statement from a physician from the local health department’s intended place of residence in the U.S. This statement should describe how you will monitor and manage the condition and provide proof of a qualifying familial connection to a U.S. citizen, lawful permanent resident, or immigrant visa holder.
Waiver for Criminal Grounds (e.g., Crimes Committed Over 15 Years Ago)
When someone faces a situation where their crimes are over fifteen years old, they can apply for a waiver. The application will require passing tests of rehabilitation, proving no threat to U.S. welfare, safety, and security, and showing that a qualifying U.S. citizen or lawful permanent resident relative will suffer extreme hardship if the individual is denied entry. Standard 2 Specific information has been provided for the standard in Form I-601 waiver, and the applicants must meet these standards for approval.
The Significance of “Extreme Hardship” to Qualifying U.S. Relatives
It is also notable that in a vast number of I-601 waiver applications for approval, the “extreme hardship” factor is critical. This involves establishing that a qualifying U. S. relative, usually an immediate household member, is a valid holder of either a U.S. green card or citizenship and would suffer unbearable inconvenience if the applicant is denied entry into the U.S, expelled from the country or if the entire household has to move to another country to keep being together.
Subjectivity in the Decision-Making Process
However, it is important that all of this takes place within the framework of legal parameters and it is also important to acknowledge that the granting of I-601 waiver applications also has an element of subjectivity. It is Up to the reviewing officer to make the final decision of granting an applicant the right, by taking into account certain circumstances.
Proving “Extreme Hardship” to Qualifying U.S. Relatives
Although a dictionary defines “extreme hardship,” U.S. immigration law does not strictly define the concept, allowing for discretion and human intervention when reviewing waivers. Since a mere denial of a service or product may be insufficient to invoke a finding of extreme hardship, applicants should submit more than fear and grief.
Building a Strong Case
To prove extreme hardship, the applicants should provide evidence that provides a concrete base. For example, if a relative would experience migrating to an unfamiliar country, stressful language, lack of close friends, and relatives, risk of losing a job, and health issues. It is always preferable that there is more proof that can be supplied and the proof documented.
Mitigating Factors
Some aspects that are likely to intensify your situation may be balanced out by other moderating aspects, depending on your application. If you have a criminal record, then the court would be more appealing to the fact that you have participated in a rehab program. In the same way, when your inadmissibility arose from unlawful presence, establishing that you meet the standards of legal compliance is also something that you can try to prove as a valuable factor.
Aggravating and Mitigating Factors in an Application
Some of the factors that may raise the chances of a denial are spousal or child abuse, past criminal activity, the history of drug and substance abuse as well as the immigration deceit. These factors include past immigration violations, criminal offenses; charges; convictions; and ever-marriage fraud. It is also important to notice that factors such as those mentioned on the record of your U. S. relative can also be looked at as aggravating.
Consider and explain all possible aggravating factors in the context of your application. If inadmissibility is a basis for your case, it will affect your approval prospects.
What If USCIS Denies an I-601 Waiver Request?
If denied, applicants can file a new application or a motion to reopen or reconsider. However, approval is not guaranteed unless they diagnose and address the issues and present convincing solutions to another decision-maker.
Are there common mistakes to avoid when applying for an I-601 waiver
When applying for an I-601 waiver, avoiding common mistakes is crucial to increasing your chances of approval. Here are the key pitfalls to watch out for:
1. Incomplete Documentation
- Common Issue: Failing to submit all required forms and supporting evidence can lead to delays or denials.
- Solution: Ensure that you include all necessary documents, such as medical records, letters of support, and any other relevant evidence that demonstrates the hardship your qualifying relative would face if the waiver is not granted.
2. Inaccurate Information
- Common Issue: Providing incorrect or misleading information can have severe consequences.
- Solution: Double-check all entries on Form I-601 for accuracy and consistency. Ensure that all personal details, including names and dates, are correct.
3. Insufficient Evidence of Extreme Hardship
- Common Issue: Many applicants fail to provide compelling evidence of the extreme hardship their qualifying relatives would experience if the waiver is denied.
- Solution: Compile a strong case with detailed documentation showing how denial would impact your family emotionally, financially, or medically. This may include affidavits from family members, financial statements, and medical records.
4. Missing Deadlines
- Common Issue: Failing to submit your application within the specified timeframe can result in denial.
- Solution: Be aware of all deadlines associated with your application and submit your waiver promptly.
5. Lack of Legal Representation
- Common Issue: Navigating the complexities of immigration law without professional guidance can lead to mistakes.
- Solution: Consider hiring an experienced immigration attorney who can help guide you through the process, ensure your application is complete, and strengthen your case.
6. Not Addressing Previous Denial Issues
- Common Issue: If you are reapplying after a denial, failing to address the specific reasons for that denial can lead to another rejection.
- Solution: Carefully review the denial notice and ensure that your new application directly addresses each issue raised.
7. Overlooking Qualifying Relationships
- Common Issue: Not adequately proving the qualifying relationship with a U.S. citizen or lawful permanent resident can be a reason for denial.
- Solution: Provide clear documentation of your relationship, such as marriage certificates or birth certificates, to establish eligibility.
Seeking Legal Guidance
Understand that each I-601 request’s admissibility depends on the immigration officer’s discretion, so there are no guaranteed results. There is no better advisor than an immigration lawyer with significant experience in filing waiver applications. Professionals are to explain that certain invaluable factors can be vital in achieving the result and increasing the chances of approval.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a I-601A Provisional Waiver, or B-2 Visitor Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
