I-601 Waiver of Inadmissibility FAQ
What is an I-601 Waiver?
A common misconception non US citizens have is that they can easily solve there immigration problems by marrying a US citizen. In certain cases this may be the answer, however, if the non US citizen is deemed to be “inadmissible” they are going to have further complications. In such situations an I-601 waiver of grounds of inadmissibility may be appropriate.
When is an I-601 Waiver needed?
The most common reason people need a waiver is that they entered the country illegally or triggered the 3 or 10 year unlawful presence bar by overstaying there visa.
What do you need to show to obtain an I-601 Waiver?
Generally an I-601 waiver requires a showing that a “qualifying” US citizen or Lawful Permanent Resident relative would suffer “extreme hardship” if you are not allowed to enter the US.
Who is the qualifying relative?
It depends but generally the relative must be a spouse, parent, or child who is a US citizen or LPR.
What is Extreme Hardship?
Extreme hardship is more than the difficulties a couple would normally have if separated.
Some factors that the government considers are:
- HEALTH – A physical or mental condition that requires continual treatment.
- FINANCIAL – Future employability and financial losses if the waiver of inadmissibility is not approved.
- PERSONAL – Hardships that close relatives will suffer if the waiver of inadmissibility is denied.
- EDUCATION – If education goals cannot be met, it may be a factor considered toward extreme hardship.
- SPECIAL FACTORS – Cultural, language, religious, and ethnic issues.
Can anyone file a 601 waiver request?
No, there are certain inadmissibility issues which cannot be waived or which cannot be waived with a 601 waiver. You need to speak with an immigration attorney to determine if an I-601 waiver is correct for you.
Is there a new law regarding 601 waivers?
There may be soon. A provisional measure may allow for the adjudication of 601 waivers while the applicant remains in the United States. Upon approval they will still have to return to their country for further processing but their total wait time will be much less. However, as of May, 2012 this is not yet law, it is simply a proposal.
How do I pursue an I-601 waiver?
Please do not attempt to file this yourself. This can lead to complications and possibly deportation. You will need to find a qualified professional to help you with this. The first step is to determine if it is even a viable option for you. My firm, Misiti Global, PLLC handles these types of cases. We offer free telephonic consultations and will offer an opinion on whether the 601 waiver is an option for you for a small fee. You can contact us at 212 537 4407 or fill out the form on our website, www.misitiglobal.com for more information.
Published by: on May 10th, 2012 | Filed under Waiver
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Tourist Visas
A citizen of a foreign country generally must have a visa to enter the United States. There are two types of such visas: a nonimmigrant visa meant for temporary stay and an immigrant visa for permanent residence in the United States. The nonimmigrant visa, often called a “visitor” visa, comes in two varieties, one meant for those coming to the U.S. for a short period for business (B-1) and those coming to the United States for pleasure or medical treatment (B-2).
The B-1 visa is meant for citizens of foreign countries who plan to engage in work-related business in the United States during their visit. The B-1 visa allows visitors to consult with business associates in the United States and enter the U.S. for a scientific, educational, professional, or business convention, settle an estate, negotiate a contract, or visit the U.S. for a conference on specific dates.
The B-2 visa is meant for citizens of foreign countries who are planning a trip to the United States for the purpose of receiving medical treatment or for pleasure. Such pleasure activities can include recreational travel, tourism, vacation, amusement, visits with friends or relatives, activities of a service nature, or participation by amateurs without remuneration in musical, sports, and similar events or contests. Students coming to the United States to participate in an academic course that is not for credit towards a degree and is less than 18 hour a week may also come to the United States on a B-2 visitor visa.
Published by: on January 12th, 2012 | Filed under Visas
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E-2 Visas
There are various business visas available to foreign citizens, including the H-1B, E-2, and L visas. Certain visas allow foreign citizens to enter the United States to work at an existing business in the U.S. while others allow foreign citizens to create their own business in the U.S. The E-2 Treaty Investor visa admits a foreign national to the United States when that foreign national will invest a substantial amount of capital in a U.S. business. “Substantial” is understood to mean that the investment is “sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise.” USCIS places this restriction to ensure that the E-2 applicant is committed to stimulating the U.S. economy through the successful operation of the enterprise. Although an investment may be “substantial,” USCIS may still deny an E-2 applicant’s request for a visa if the enterprise is deemed to be marginal, meaning that one does not or will potentially not have the capacity to generate enough income to provide a minimal living for the treaty investor and his or her family. New enterprises will often be analyzed under a five-year metric, meaning a new enterprise will provide information concerning future growth to demonstrate that it will be viable to produce enough income within five years from the proposed beginning of E-2 classification.
