I-601 and I-601A Waiver Applications - Success Stories

Success Story: I-601A Waiver

In 2003, our client arrived in the U.S. from Nicaragua to escape extreme hardship. She crossed through the border without inspection, and approximately two years later, married a U.S. citizen. They have been married for thirteen years and are the parents of two U.S. Citizen children. Our client wanted to begin the process of getting her green card, but faced a problem: because she had entered without status and remained in the U.S. for more than one year, she could not adjust status in the United States and was facing a 10-year bar upon any attempt at readmission. This would mean that either she would be separated from her husband and two young children, or that her family would be forced to relocate to Nicaragua with her.

These choices did not work for our client, so we filed an I-601A Waiver Application. This application displayed that our client’s husband, the qualifying relative, and two young children would suffer extreme emotional and financial hardships should our client’s waiver be rejected. Our client’s husband would be forced to choose between separation from our client or relocating the entire family to Nicaragua. There were many aspects of this case that supported these hardships, including our client’s assistance in caring for her husband’s sick and elderly parents, raising and caring for her children, her family’s safety, and the financial struggles that would plague her family. Our client has helped her husband care for his elderly parents on a near-daily basis, both medically and financially. This care would have been unable to continue if our client alone or with her family were to return to Nicaragua. If this was the case, her husband would suffer emotionally due to the separation. In addition to caring for her husband’s parents, our client has to care for and raise their two young children as well. One of her children has medical conditions that require constant medical monitoring, which would be near impossible to continue in Nicaragua due to its lack of effective healthcare. Our client also did not wish to return to Nicaragua due to the safety concerns within the country for fear of putting herself or her family in harm’s way.

On May 7, 2019, our client’s waiver was approved and, as a result, she may apply for residency at a consulate overseas without serving the 10-year bar.

Success Story- I-601A Waiver

Our client first came to the United States from Guatemala in 1992 with a J-1 nonimmigrant visa as a part of an exchange program. He stayed here for two years, during which time he earned an Associates in Applied Science degree in Hotel and Restaurant Management. After the conclusion of the exchange program in 1994, our client returned to his home country in search of work. While in Guatemala, he fell victim to a gang attack, which incited daily and continuous harassment from gang members. A few months after arriving in Guatemala, our client fled to the United States where he has remained ever since. Thereafter, he married a U.S. Citizen, and his wife filed an I-130 Petition on his behalf. However, because he had entered without status and remained in the U.S. for more than one year, he could not adjust status in the United States and was subject to a 10-year bar. This would mean that either he would be separated from his wife and young daughter, or that his family would be forced to relocate to Guatemala with him.

Neither of these options were acceptable for our client. Therefore, we filed an I-601A Waiver Application demonstrating that his wife, the qualifying relative, and his child would suffer extreme emotional, medical, and financial hardship should his waiver not be denied approved and they were forced to either be separated from our client, or relocate to Guatemala. This case had many helpful and contributive positive factors including but not limited to our client’s employment, his daughter and mother-in-law’s medical conditions, and the violence in Guatemala. Despite our client’s wife being the primary breadwinner for the family, her annual salary alone is not enough to pay for basic necessities such as food and shelter. Even with the additional help of our client’s annual salary, the couple still has to do less of one thing or another to get by. Our client is the primary breadwinner for his family and without his income, his wife and daughter would not be able to afford even basic necessities such as food and shelter. NextIn addition, his daughter and mother-in-law suffer from a myriad of medical conditions and our client’s wife cares for them both on a daily basis. In addition On top of this, they are also closely monitored by physicians in the United States and receive ongoing medical treatment that iswould be unavailable to them should they relocate to Guatemala. Lastly, given the heightened violence throughout Guatemala, relocation would put his wife and entire family at risk.

On May 8, 2019, our client’s waiver was granted. As a result, he does not need to withstand a 10-year bar of inadmissibility and is now permitted to apply for his residency at a consulate overseas.

Our office prepared and filed the I-130 petition, and AOS application. After the interview, the officer found our client inadmissible under 212(a)(6)(C) of INA and issued an RFE to submit a Waiver application within 30 days. We then put together a comprehensive I-601 waiver package that was submitted to the USCIS for adjudication. The I-601 Waiver was approved in less than 1 month and our client was issued his green card in the United States and is now a Lawful Permanent Resident.

Our client was a native of the U.K. who entered the U.S. using a different name over 16 years ago. He subsequently married a U.S. citizen who then petitioned for him. He required the I-601 Application of Waiver of Grounds of Inadmissibility due to grounds of misrepresentation upon entry into the United States, which made him subject to a permanent bar under INA Section 212(a)(6)(C).

We received approval of a client's immigrant visa petition and I-601 Application for Waiver of Grounds of Inadmissibility. Our office prepared and filed the I-130 petition, secured its approval, then put together a comprehensive I-601 waiver package that was submitted to the USCIS for adjudication. The I-601 waiver was approved and our client obtained his immigrant visa at the U.S. consulate in Tirana, Albania before returning to the U.S. as a lawful permanent resident.

Our client was a native of Albania who entered the U.S. as a visitor with his parents and two brothers. The family applied for asylum. His family received asylum, and his asylum application was denied and he was ordered removed. He remained in the United States ever since and never left. He subsequently married a U.S. citizen. After his marriage, he was picked up by ICE and deported to Albania. He required the I-601 Application of Waiver of Grounds of Inadmissibility due to his unlawful presence of over 1 year inside the United States, which made him subject to the 10 year unlawful presence bar under INA Section 212(a)(9)(B).

In addition, we had to file Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal which is used for an alien who is inadmissible under section 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA) to obtain "consent to reapply for admission" that is required before the alien can lawfully return to the United States. "Consent to reapply" is also called "permission to reapply."

We received approval of a client's Provisional I-601A Application for Waiver of Grounds of Inadmissibility. Our office was hired to respond to a difficult request for evidence of a previously filed I-601A Provisional Waiver Application. We only had four days to respond to the USCIS' request for additional evidence by preparing a comprehensive waiver package addressing all the hardships the USC spouse would face that were not addressed in the initial submission, and submitted our response to the USCIS for adjudication. The I-601A provisional waiver was approved within one week of submitting our response and our client is now proceeding with the visa application through the National Visa Center, which will lead to the applicant's immigrant visa interview at the U.S. consulate in Mumbai, India before returning to the U.S. as a lawful permanent resident.

Our client is a native of India who entered the U.S. without inspection over 11 years ago. He subsequently married a U.S. citizen and they have two daughters together. He required the Provisional I-601A Application of Waiver of Grounds of Inadmissibility due to his unlawful entry and unlawful presence of over 1 year inside the United States, which made him subject to the 10 year unlawful presence bar under INA Section 212(a)(9)(B).