I-601 Waivers


Experienced Immigration Attorneys for I-601 Waivers

3F098169-8F0F-4327-B961-0AB18CE192CDOur immigration attorneys have helped hundreds of clients with I-601 waivers.  These waivers are a great option for certain married couples where one spouse entered without documentation. The I-601A waiver forgives unlawful presence in the United States and eliminates any mandatory time that one would otherwise be waiting in his or her home country (generally three or ten years).It’s a great honor to be able to help people obtain lawful permanent resident status.

Our law firm has represented hundreds and hundreds of people with I-601A waivers.  We are happy to help you with this type of case and our consultations are completely free of charge.

Free Consultations:

We are proud to offer free consultations for our clients.  Just call 602-989-5000 today and we will walk you through the process today.  You’ll see that we are dedicated to helping people and we love to look for positive solutions.

Affordable Fees and Payments:

We work hard to make sure our clients have affordable payment plans and fees.  Pick up the phone and find out just how affordable the process can be.

Requirements for I-601A Waivers:

imageAs stated above, the I-601A waiver forgives unlawful presence in the United States.  This means that the applicant would only need to depart the United States to attend the visa interview in his or her home country.  This I-601A waiver allows the applicant beneficiary’s to wait in the United States while their waiver application is being processed.  A person will only be able to qualify for the I-601A waiver if he or she has a United States citizen spouse or parent.

The first step in applying for an I-601A waiver is the I-130 family petition.  The purpose of the I-130 petition is to classify the immigrant beneficiary/applicant as a relative of the petitioner.  The approval of the I-130 simply means that United States Citizenship and Immigration Services is satisfied that the applicant is the spouse of the petitioner.  Therefore, there must be proof that the marriage is a legitimate marriage, not one solely for immigration purposes.  The I-130 is $420 and takes approximately 6-9 months.

After I-130 has been approved, the petition will be forwarded to the Department of State so that two fees can be paid to the National Visa Center.  These fees are $120 and $325, and are for the immigrant visa, and the DS-260 application for residence that is completed online.

After the National Visa Center fees are paid, the waiver can be submitted. In order to be approved for an I-601A Waiver, the applicant must be able to demonstrate that refusal of their admission to the United States will cause “extreme hardship” to their qualifying relative—the United States citizen spouse or parent.  This includes evidence of financial, medical, educational, and emotional conditions.  The cost of the waiver is $670 and takes approximately 4-8 months.

After the Approval, What Next?

After the waiver has been approved, certain documents must be mailed to the National Visa Center so that the interview at the consulate in the applicant’s home country can be scheduled.  One of these documents is the I-864 Affidavit of Support.  The purpose of I-864 form is to show that the applicant has adequate means of financial support and is not likely to become a financial charge.  If the petitioner does not have enough income and/or assets to maintain the applicant at 125% of the federal poverty guidelines, a joint sponsor who can meet the requirements may submit a Form I-864.  All Sponsors must be domiciled in the United States, at least 18 years of age, and a citizen or legal permanent resident of the United States.

After the interview has been scheduled, the applicant will depart to his or her home country for the visa interview.  The applicant is required to have a medical appointment with an authorized physician in the country where they will be interviewed, and the medical examination must be completed before the interview.  At the interview, a consular office will question the applicant to verify eligibility for an immigrant visa (green card).

A person will not be eligible to apply for an I-601A waiver if her or she is found to be out of status in the United States for more than 365 days, departs the U.S., and then attempts to re-enter the U.S. or is successful in reentering. This means that a person must be in the United States to apply for an I-601A waiver, and must have only one illegally entry and period of unlawful presence in the United States. A person will also be ineligible for and I-601A if he or she has been convicted of a controlled substance offense or a crime involving moral turpitude.  A crime of moral turpitude generally is a crime that has the intent to steal or defraud as an element, or a crime in which bodily harm is caused by an intentional act.  A person is also ineligible for an I-601A waiver if he or she entered the United States with fraudulent documents, claimed to be a United States citizen, or brought anyone with him or her when entering the United States (alien smuggling).

Questions Our Attorneys Ask:

Here are questions we must ask to determine whether a person is eligible for Adjustment of Status:

 

  1. How did you enter the United States?
  2. How long have you resided in the United States?
  3. Have you ever left the United States and if so, when and for how long?
  4. If you entered legally, have your ever overstayed your visa and subsequently departed the United States?
  5. Have you ever been deported?
  6. Have you ever been caught crossing the border?
  7. Have you ever signed a voluntary departure?
  8. Have you ever been denied entry to the United States?
  9. When you came to the U.S., who was with you? Did you bring any family members?
  10. Have you ever used fraudulent documents to gain entry to the United States?
  11. Have you ever told anyone you were a United States citizen?
  12. Have you ever been arrested for any crime?
  13. Have you ever been convicted of committing any crime?
  14. Are you a victim of a crime that occurred in the United States?
  15. Are you married to a United States citizen or permanent resident?
  16. Do you have United States citizen children? If so, what are their ages?
  17. Has a family member ever filed a petition for you in the past?
  18. Do you have an I-130 pending?
  19. Do you qualify for DACA? Enter before 06/15/2007, before age of 15, and in school or have a diploma?