I-601 Waivers

Hey everyone, so in my last post, I mentioned I-601 Waivers, but my last post was running way too
long already, so I figured, I would just create a whole post dedicated to it since it is one of the most commonly used waivers out there. I think after this post, I will have finally covered, at least, all the most commonly asked questions concerning deportability, inadmissibility, and waivers. Which means, I will be tackling a whole new topic starting next week. So, if you have any questions for me, please reach out.

So, the I-601 Waivers, in reality, is the only waiver for those that are considered inadmissible, which I detailed thoroughly in my last post. With that said, the most frequent type of I-601 waiver concerns Extreme Hardship. Basically, this deals with an immigrant who has entered the United States without permission or came to the United States with permission, but overstayed their visa. For those that don't know, for those immigrants who are in the United States illegally that accrued more than 180 days but less than 1 year, they are barred from being re-admitted or re-entering the United States for 3 years. However, if an immigrant has accrued more than one year of unlawful presence, they are barred from being re-admitted or re-entering the United States for 10 years. The I-601 Waiver for unlawful presence creates a scenario, where these immigrants do not have to face either the 3 or 10 year bar.

In order qualify for this waiver, the immigrant must have a qualifying relative who can petition them for this waiver. A qualifying relative, when it comes to unlawful presence, is a United States citizen or permanent resident who is either a spouse or parent of the immigrant. There is a possibility, if the case is strong enough, that USCIS will accept someone else that isn't a parent or spouse, but it is very rare and not something that immigrants should rely on. With that said, the sole focus of this waiver is on the qualifying relative, NOT THE IMMIGRANT!!! That's right, USCIS wants to know how the QUALIFYING RELATIVE will be affected if the immigrant has to return to their home country and face either the 3 or 10 year bar, NOT what will happen to the immigrant. This has to be shown by proving the the QUALIFYING RELATIVE will SUFFER extreme hardship.

For USCIS, Extreme Hardship can be argued in various ways. Here are a few arguments that may be made in order to show that the QUALIFYING RELATIVE will SUFFER extreme hardship (with level 4 being the weakest arguments):

Level 1 arguments: 

1. Relative has a MAJOR medical condition (e.g. brain tumor, multiple sclerosis, cerebral palsy) which makes Relative unable to move abroad and for which Relative absolutely needs Immigrant in the US to help take care of him/her, 
2. Relative is caring for an elderly, chronically ill, or disabled relative who needs constant care and whose condition is bad enough that Relative either MUST live with the relative or Relative MUST spend at least an hour a day assisting the relative with things like hygiene or physical therapy, and this makes Relative unable to move abroad and makes him/her really need Immigrant in the US to help him/her care for his/her relative and manage his/her other responsibilities, or 
3. Immigrant's country is in a state of active war or major political upheaval. 

Level 2 arguments include: 

1. Relative is the primary caregiver for his/her child(ren) from a prior relationship and the child(ren)'s other parent will not allow the children to be taken out of the country AND the child(ren) have formed an emotional attachment to Immigrant 
2. Relative has a serious medical condition that makes it very difficult for Relative to move abroad and Relative needs Immigrant to provide help (e.g. Relative needs to have major surgery sometime in the next year, with an expected recovery time of several months), 
3. Relative is caring for a moderately disabled relative who normally can care for him/herself but occasionally has episodes in which he/she needs a lot of help from Relative and during those times Relative, in turn, needs help from Immigrant, 
4. A relative is unusually financially dependent on Relative (e.g. Relative's mother has just gone through a nasty divorce with Relative's father in which she got nothing and because she has never worked, she doesn't qualify for social security, so Relative is supporting her in the entirety for the rest of her life), 
5. Relative has a child that he/she is about to put through college (note, some offices consider this a stronger argument, some consider it a weaker one), or 
6. Immigrant's country is on the verge of major political unrest or negative political change or the country is known for oppression  one sort or another (e.g. Relative is a Christian woman and Immigrant is from Saudi Arabia), or it is in the infant stages of post-war recovery. 

Level 3 arguments include: 

1. Relative is the non-custodial parent of a child from a prior relationship and has an actual relationship with that child and the child's other parent will not allow Relative to take the child out of the country but Immigrant does not have a relationship with the child at this time, 
2. Relative a significant condition that makes it inconvenient to move out of the country (e.g. severe asthma and Immigrant spouse lives in Mexico City), 
3. Relative been diagnosed by a licensed psychologist/psychiatrist with clinical depression due to Immigrant's immigration problems – note: even thoughts of suicide do not raise this argument to Level 2,
4. Relative and Immigrant have young children together or Relative has full custody of Relative's child and can bring him/her abroad and Immigrant's home country has bad public health conditions and bad public education, 
5. Relative's job requires a license in both the US and abroad and it will be very difficult to get licensed abroad (e.g. attorney, medical doctor), 
6. Relative has job skills that are very specific to the US (e.g. a tax accountant with extensive familiarity with US tax law), 
7. Immigrant's country has a very bad economy, 
8. Relative has a close relative who is partially dependent on Relative financially (e.g. Relative's mom gets social security but needs Relative's extra $500 per month to stay in her present apartment) or physically (e.g. Relative's mother functions well now, but her health has been declining and it is expected she will need more of Relative's help in the near future). 

Level 4 arguments include: 

1. Relative has debts they wouldn't be able to pay if they moved abroad, 
2. Immigrant's country has a high unemployment rate, 
3. Immigrant's country has a high crime rate, 
4. Relative has been despondent due to the situation, but hasn't sought professional help, 
5. Relative's parents are aging. 

With all of these scenarios, the most important thing that must be mentioned no matter what, is how the situation is related to the waiver. If that is not in there, then the entire situation is just another sob story that USCIS has to read and unfortunately won't think twice about.

So what goes into these waivers? 

First, there will be a letter stating what the extreme hardship is along with the I-601 Waiver Application, as well as identification documents to show qualifying relative. Second, there will most likely be a list of expenses that the Immigrant and the Relative have. This will include all bills, food, gas, etc. Along with the list, all bills and receipts from the last 3 -6 months will be included with the application. Third, verification of employment and income will also be included in there, including pays stubs. Fourth, as many letters of recommendation that the person can get detailing how the QUALIFYING RELATIVE will be affected as well as the "Good Moral Character" of the Immigrant. Fifth, if the Immigrant has any degrees or any other accomplishments, that will be included with certificates. Sixth, if the Qualifying Relative has any health issues, there will be notes and other documentation of that. Finally, there will be a section detailing the country conditions of the Immigrant's country of origin. This is basically, to prove that it would be impossible for the QUALIFYING RELATIVE to move to that country with the Immigrant. 

The packet that is sent in to USCIS for review can consist of 25-300+ pages. It all depends on the amount of evidence that you provide and which is necessary. The hardest part about this is figuring out how much evidence is truly necessary. However, as you can tell most lawyers, if you are getting what your paying for, will make multiple different arguments in order to give you your best shot at getting that waiver. 

Well that is about it for the I-601 Waivers. Once again, I know this is a lot of information, so once again, if you have any questions please contact me. If you have any family members that you think would benefit from this, please send them my information. This is such an important waiver and if done right, can benefit an entire family.