Not all individual who wishes to enter and migrate to the US are granted approval. There are several circumstances where an individual is deemed inadmissible for the immigrant visa or green card which requires the services of the I-601 attorney for waivers of unlawful presence to maximize the success in obtaining a waiver against the grounds for inadmissibility. Of all the immigration laws, this is perhaps the most difficult as it requires lots of preparation and documentation pertaining to the application for waiver. The chances for success cannot be guaranteed but your attorney will pursue all avenues to gain you an immigrant visa after being denied.
Reasons why some immigrant visa applications require a waiver:
- One of the most common reasons for inadmissibility is criminal record. A conviction even a minor one can be a reason for the rejection particularly if the conviction is due to drug offenses, prostitution, trafficking or money laundering.
- Fraud has been committed in acquiring an immigrant benefit
- Unlawful presence in the US which means you have entered the country without a legal visa for 180 days or more.
There are other reasons why a visa is denied but you can seek the assistance of the I-601 attorney as you may be eligible for the Extreme Hardship Waiver or I-601. These waivers are available to those applying for a green card, if they have a qualifying relative in the US. For unlawful presence waivers, a qualifying relative is a US Citizen spouse or parent. For criminal waivers, children can be qualifying relatives. One must prove extreme hardship to this qualifying relative if the applicant were to be barred from the US for a period of 3 or 10 years. Your Extreme Hardship Waiver must be properly documented with evidence in order to increase the chances of success. Doing this on your own may not seem feasible.
However, there are grounds when the ineligibility for the immigrant visa or green card cannot be waived even through the efforts of an excellent attorney. It may be due to possession of controlled substance like marijuana or making a false claim to a US citizenship. For those who were allowed to file the Extreme Hardship Waiver, the evidences will be properly evaluated and determined whether a favorable decision can be reached.
In documenting the extreme hardships, it has to be towards the spouse or parent and not to yourself.
- Health – indicate the needs for treatment and medical attention which is not available in your own country of origin; and if it is available, indicate why you believe that the quality is quite inferior.
- Financial considerations – Loss of job that has led to a poor quality of life, termination of a professional practice which has resulted into an abrupt change in the normal standard of living and the ability to recoup financial losses
- Education – loss of the opportunity to gain higher education or the limited existence of quality education
There are other factors that can be significantly documented like fear of prosecution, social ostracism or stigma and obstacles to religion. The documentation process needs to be accurate and complete with the proper evidences provided. Doing this on your own may reduce your chances of getting approval which requires the I-601 attorney to significantly gain a favorable result.
