The United States has a long history of immigration. Throughout its history, waves of immigrants seeking a better life have helped build the nation. Yet, as with most nations, the United States has guidelines in place which deny entry to some immigrants. However, if it can be proven that the guidelines should not apply, these can be waived. This is accomplished using Form I-601 waiver of inadmissibility.
What is the Purpose of Form I-601 Waiver of Inadmissibility and Who May Use it?
The purpose of Form I-601 waiver of inadmissibility is to permit immigrants with the means for appealing a denial of entry decision. It is used in cases of extreme hardship, though the law does not define exactly what that means. Because of this, a subjective decision is rendered by the specific case worker who hears the evidence provided. It is important to have an immigration attorney who knows how to present your case in the best way possible.
Hardship generally means helping a close family member who is ill or otherwise cannot care for themselves. The chance of approval is largely dependent on the evidence presented. Mitigating and aggravating factors also play a role.
All would-be immigrants to the United States may file a 601 waiver except for:
- Drug addicts
- Drug traffickers
- Known terrorists
Generally, the following aggravating factors will decrease chances of success with a 601 waiver of inadmissibility:
- Immigration violations
- Criminal Charges/Arrest
- Convictions (i.e. crimes of moral turpitude)
- Fraud/willful misrepresentation (e.g. marriage fraud)
- Communicable disease (e.g. tuberculosis)
- Mental or physical disorders that endanger others
- Lacking proper vaccinations
- Anyone likely to depend on government assistance
However, these are not absolute. A 601 waiver may be accepted if the extreme hardship combined with proof of mitigating factors is strong enough to allow immigration. Even with a criminal record, participation and successful completion of rehabilitation programs weigh in favor of a 601 waiver. The immigration case worker weighs evidence on a case-by-case basis.
Are There Options if Denied a 601 Waiver of Immigration?
There are three options if denied entry into the United States on a 601 waiver. These are:
- Motion to reopen the case
- Motion to reconsider the case
- Open a new 601 immigration
The advantage of a new case is that likely, a new decision-maker will be assigned. Given the discretion involved in the decision-making process, your Philadelphia immigration lawyer will advise you in the best course. Whatever is decided, additional documentation is needed to prove your case.
Philadelphia Immigration Lawyers at Surin & Griffin, P.C. Help With 601 Waivers
Philadelphia immigration lawyers at Surin & Griffin, P.C. understand the situation facing immigrants. If your family is facing an extreme hardship issue, we can help. We will guide you through the process of gaining immigration status via a 601 waiver of inadmissibility. We serve clients nationwide from our Philadelphia office. For a confidential consultation about your immigration case, contact us online or call now 215-925-4435.