I-601 Waiver :Winning your waiver best tips and strategy by San Diego Immigration Lawyer

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I-601 Waiver :Winning your waiver best tips and strategy

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00:03 We will cover one of the most complex areas of immigration law and as the waivers of grounds of inadmissibility.

00:23 We'll specifically about the I-601 Waiver that is a very powerful waiver that can waive grounds of unlawful presence, or certain criminal activity as well as misrepresentation and fraud.

00:44 It is very important to connect a qualifying relative that will be the focus of our waiver because if there isn't qualifying relative by law, then we don't have a waiver and that case would not be possibl

01:35 What is the standard of I-601 waiver? The legal standard is extreme hardship.

02:00 It is extreme hardship to the U.S. citizen qualifying relative this case, a parent or a spouse

02:18 We have things like family ties in the U.S. or in the foreign country. If the U.S. citizen, spouse or parent has been live in the U.S. for many, many years, they have strong roots here. Uprooting them from here is going to cause them extreme hardship cause they don't know anybody in a foreign country

02:45 Another factor for extreme hardship are medical and psychological conditions.

03:19 Another factor is that if the U.S. citizen spouse or parent, you already have a very, very important job here.
03:52 Let's put it in the case to show that country conditions make it so difficult, almost impossible for that U.S. citizen qualifying relative to move and therefore it's going to result in extreme hardship
04:34 use exhibits. We use affidavits in a certain way that will make it easier for the adjudicating officer to approve that 601 waiver case.
05:24 There are waivers like the 608(a) which are specifically for unlawful presence. There are waivers, like the 212(d)(3) for people that are non-immigrants. There is the I-212 waiver, therefore people that have been removed

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If you are a would-be immigrant who is inadmissible to the U.S. (as discussed in Inadmissibility: When the U.S. Can Keep You Out), you may be able to overcome this by applying for what's called a waiver of inadmissibility, on Form I-601. The adjudication process for I-601 waiver applications is somewhat subjective—it all depends on which immigration officer is reviewing your application and that officer’s interpretation of your circumstances.
Most I-601 waiver applications are based on showing that a qualifying relative (a member of the immigrant-applicant's immediate family) who is a U.S. citizen or permanent resident would suffer extreme hardship if the immigrant applicant were to be denied entry or removed from the U.S. or if the whole family had to move overseas in order to be together. The term "extreme hardship" is not defined in the immigration laws. Consequently, the decision-makers have greater discretion to approve or deny I-601 waiver applications than they do with other U.S. immigration benefits.
The chance of your application being approved depends on the strength of the evidence you submit. Adjudicators will review your evidence and balance the hardships you present with the existence of any aggravating and mitigating factors.

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