Immigration News For Our Community  Why is U.S. Embassy requesting a Waiver I-601 (Part 1 of 2)?

Feb 10, 2019 Features / Columnists, News

By Attorney Gail S. Seeram

You attended your interview at the U.S. Embassy for your immigrant visa (or green card) to the United States. All the proper documents have been submitted and you completed your medical exam, police clearance, affidavit of support. You are very excited yet nervous. At the end of the interview, the officer gives you a paper that states you have been found “inadmissible” or ineligible for the immigrant visa and you may file a waiver.
Confusion sets in and then you seek legal advice from Immigration Attorney Gail S. Seeram.
First, we need to determine which ground of inadmissibility is being used against the applicant to deny issuance of the immigrant visa (green card). Individuals who are inadmissible are not permitted by law to enter or remain in the United States. The U.S. Immigration and Nationality Act sets forth grounds for inadmissibility.
The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories (listed in detail at end of article).
Second, we file an Application for Waiver of Grounds of Inadmissibility (Form I-601) with supporting documents to prove “extreme hardship” to the U.S. citizen or Permanent Resident relatives.
Third and most frustration step the in the process – WAITING. It can take up to one year for U.S. Citizenship and Immigration Services to decide or adjudicate an application for a waiver. If the waiver application is approved then the consular officer is informed and another appointment will be set at the U.S. Embassy for immigrant visa issuance.
If the waiver application is denied, then you may consider an appeal or a motion to reopen or reconsider the decision (Form I-290B). Note, the entire waiver application process is more than filing Form I-601. There must be sufficient documentary evidence to prove the legal requirement of extreme hardship.
The phrase “extreme hardship” is not defined in the U.S. Immigration and Nationality Act. Ultimately, “extreme hardship” must be evaluated on a case-by-case basis after a review of all the circumstances in the case.
Most common factors considered are:
(1) the age of the alien, both at the time of entry to the United States and at the time of application for suspension of deportation;
(2) the age, number, and immigration status of the alien’s children and their ability to speak the native language and adjust to life in another country;
(3) the health condition of the alien or the alien’s child, spouse, or parent and the availability of any required medical treatment in the country to which the alien would be returned;
(4) the alien’s ability to obtain employment in the country to which the alien would be returned;
(5) the length of residence in the United States;
(6) the existence of other family members who will be legally residing in the United States; ( 7) the financial impact of the alien’s departure;
(8) the impact of a disruption of educational opportunities;
(9) the psychological impact of the alien’s deportation or removal;
(10) the current political and economic conditions in the country to which the alien would be returned;
(11) family and other ties to the country to which the alien would be returned;
(12) contributions to and ties to a community in the United States, including the degree of integration into society;
(13) immigration history, including authorized residence in the United States; and
(14) the availability of other means of adjusting to permanent resident status.

Attorney Gail Seeram, LL.M., J.D., BBA
call | text | whatsApp 407-292-7730
email: [email protected]
live chat: www.GailLaw.com
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Copyright © Law Offices of Gail S. Seeram, 2019. All Rights Reserved.

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Immigration News For Our Community  Why is U.S. Embassy requesting a Waiver I-601 (Part 1 of 2)?

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Immigration News For Our Community  Why is U.S. Embassy requesting a Waiver I-601 (Part 1 of 2)?

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