I-601 waiver as a qualifying relative. Know more.

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I-601 waiver as a qualifying relative, what should you know?

To apply for the I-601 waiver as a qualifying relative, you may be the spouse, parent, child, or even a fiancé of a US citizen or permanent resident, depending on the circumstances. Also, you must prove in your petition that extreme hardship exists.

Thus, you will have to explain why you need to be reunited with your relatives. Among the factors, one can argue there are health, academic, and personal issues. They must be properly proven within the application to be considered by the USCIS.

Which Family Members Can File for Permanent Residence?

Unlike U.S. citizens, people with LPR status are more limited as to which family members can apply.

An LPR can only apply for a spouse or an unmarried child. An LPR must wait until they become a citizen to apply for parents, siblings, or married children.

There are different types of waivers, depending on your situation.

I-601A

This applies for family members in the US. It is valid if their only problem is that they entered the country irregularly. They may qualify for an I-601A waiver for unlawful presence.

I-601

For all other unlawful presence cases, check to see if you are eligible to apply for an I-601 waiver.

This same waiver can be applied for other grounds of inadmissibility. For example, you can use it for:

  • Some felony convictions
  • Certain physical or mental illness
  • Immigration fraud
  • Among others

Special cases to apply for the I-601 waiver to obtain a green card

All requests for waivers should have the legal assistance of an honest, and specialized attorney. It is not easy to get a positive response from the USCIS.

But there are special cases where the help of a lawyer is even more vital. Why? Because special situations may have more requirements. At our HMA Law Firm, we can provide such services with affordable fees.

Illegal Stay

Those who have been irregularly for more than 180 days will be punished through inadmissibility under INA 212(a)(9)(B)(i)(I-II). This means you cannot enter the country for 3 to 10 years, depending on the case. To apply for a waiver in these terms, you should provide:

  • Evidence that establishes family ties, such as marriage certificates or birth certificates.
  • Proof that the family member is a U.S. citizen or LPR.

Misrepresentation

This is known as inadmissibility by misrepresentation 212(a)(6)(C)(i). Examples of this problem are using false documentation for the purposes stated, hiding relevant info, such as a conviction for certain crimes, etc.

To qualify for this waiver, you must be the spouse or child of a citizen or resident or the fiancée of a citizen.

Cases in which you can NOT ask for an I-601 waiver to get a green card

Even if you meet all the basic requirements for the I-601 waiver, you cannot do it in these situations:

  • You are permanently barred from returning to the US. This happens when you have entered the country irregularly after deportation.
  • You have falsely claimed to be a US citizen to obtain a benefit from the US government.

Cases for which it is not possible to apply for any type of waiver

The main reasons why you cannot apply for any waiver are:

  • Drug addiction or trafficking.
  • Nazi party membership.
  • Danger to U.S. security or terrorism.
  • Student visa abuse.
  • Illegal presence in the U.S. after an immigration violation.

We know all of this info might be hard to digest. But don’t panic! You just have to contact our team of experts at 703.964.0245 for the best help available in Virginia.

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