One of the most common reasons U.S. immigration authorities deny an I-601 waiver application is insufficient evidence of extreme hardship to qualifying U.S. relatives. Sometimes this is simply due to the applicant not having submitted enough convincing documentation.
What evidence must I submit with Form I 601A?
You must submit the DOS immigrant visa processing fee receipt or other evidence of fee payment for the NVC case associated with the approved immigrant visa petition.
How long does it take for I-601 waiver to be approved 2020?
Generally, it takes 4 to 6 months to process an I-601A waiver application.
What happens after the I-601 waiver is approved?
Once the waiver is approved by the USCIS, you should receive a packet of information from the U.S. Embassy of the country of origin. Usually this packet is sent via DHL the day the consulate receives the I-601 approval notice from USCIS. This is usually a few days after the USCIS approval.
What happens if waiver is denied?
If USCIS denies your provisional waiver application, you may decide to abandon your immigrant visa application and do nothing at all.
What happens after my i-601 waiver is approved?
During the interview, your consulate will keep your passport until your visa is approved. It will come in a sealed package called the “Immigrant Visa Packet” and will include your approved visa. They will stamp your passport, making it valid for one year. Your passport will become your green card on a temporary basis.
Can you appeal a waiver denial?
To file your appeal from a denial of a waiver request, fill out a Request for Hearing by Administrative Law Judge form (HA-501), and turn it in at your local Social Security office within sixty days of receiving your denial.
How do I prove extreme hardship for I-601A?
The legal requirements for proving extreme hardship are:
- You must have a “qualifying relative” who is a U.S. citizen or permanent resident.
- The USCIS considers extreme hardship to your qualifying relative, not to you.
- Your qualifying relative does not have to be the person who sponsored you for immigration.
What to do if I-601 waiver is denied?
If your Form I-601 application is denied, you will receive a denial notice at the address you provided on your Form I-601 application. You may appeal the decision within 30 days by filing Form I-290B, Notice of Appeal or Motion. The denial notice will provide instructions for submitting Form I-290B.
When to apply for a provisional I-601 waiver?
The provisional waiver process allows the immigrant to apply for the I-601 waiver for unlawful presence (whether 3 or 10 year bar) ahead of time, while still in the US and prior to the consulate interview abroad.
What are the benefits of I-601 bar waivers?
Their lives are not uprooted, long term family care does not have to be arranged and jobs are not lost. It is an ideal situation for many immigrants and their families.
Can a provisional waiver be filed for unlawful presence?
The provisional waiver or I-601a filing only covers unlawful presence. No criminal waivers, misrepresentation waivers (for lying to CIS or using fake documents to enter the US), prostitution waivers, etc. The Applicant for Waiver must currently be in the US.
Can a person apply for a misrepresentation waiver?
No criminal waivers, misrepresentation waivers (for lying to CIS or using fake documents to enter the US), prostitution waivers, etc. The Applicant for Waiver must currently be in the US. If the immigrant is already abroad, the immigrant cannot re-enter the US to file the waiver.
