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Thread: Mohan,I called attorney how to file I-601

  1. #1
    yes, I'm working on my papers(AOS and I-601) and
    I called couple of lawyers regarding about my papers.but they said I need a good attorney to file I-601.they said there is no hope if I do my own.Is it true?or they're just saying that because if everybody can file the paper, we don't need a attorney?and how hard to file I-601?Do I need any letters from my friends and husband attached I-601?

  2. #2
    yes, I'm working on my papers(AOS and I-601) and
    I called couple of lawyers regarding about my papers.but they said I need a good attorney to file I-601.they said there is no hope if I do my own.Is it true?or they're just saying that because if everybody can file the paper, we don't need a attorney?and how hard to file I-601?Do I need any letters from my friends and husband attached I-601?

  3. #3
    Filing I-601 waiver can only be done when you found inadmissible to the U.S. and that usually happens when you depart the country and apply at an embassy/consulate. If you're still in the country you're deportable, not inadmissible yet. Usually if found deportable your adjustment application is denied and you're offered to leave the country. That's why I-601 is usually filed outside the U.S. But in most cases deportable grounds are pardoned if your petitioning relative is a USC. There's some deportable grounds that can't be pardoned like, entry without inspection (EWI) or documented false claim of citizenship.

    Filing I-601 is not hard it just a lot of work. We filed ours without a lawyer. One must prove extreme hardship beyond the normal hardships of separation/finances to get an approval. Extreme hardship must be to petitioning relative, not to inadmissible alien. Every hardship claim must be supported by documents. There's a good website that has a forum on I-601s:


  4. #4
    Sup is right about the website. This is the main subject that I refer people OFF of this site for. They have a whole community of people who are filing, or have already filed, an I-601. You will find information and support there. I believe they also have examples at that site. I hope that Mohan replies to your post as he is very knowledgeable and would be a big help. Good luck.

  5. #5 is awesome! Also try this website. This lawyer is an expert with I-601!

  6. #6
    sorry about late reply I am in training for next three weeks before getting exported to 3rd world.
    above post of "Sup" is good explaination how it works and what you need to do. there are good examples in sticky on that website mentioned. you should read that before preparing yourself for waiver.
    as far as attorney goes to this waivers, you need attorney if you don't know what form to fill and how to fill forms. still you have to work with attorney because its your hardship and you should be very carefult ochoose your attorney because most of attorney don't do waivers in their regular routines. if you want to have an attorney then you should choose one who have specialist in waivers only, ohterwise its a waste of time and big chunk of money. either way you have to work hard to get waiver approved. frankly speaking if your case should have been older then 1996 you need an attorney to get grandfathered status etc but after that its straight forward.
    you can read that website but i won't recomand that site for taking advise and doing what people told you to do.. people ther who regularly logon to that website have no idea what this waiver meant and how to be written.. once in a while you will see the debate if its written in third person form or first person form, If it sholud be written by alien or USC, what is the role of an alien or USc and what are the limits etc.
    yes couple of waiver was granted but that does not prove that every one waiver is granted either. some people there claim that they know what they talking about because their waiver is granted but they forget that its not that because they wrote waiver strong so it was granted , it was granted because they don't need waiver in the first place and they had wrong application of the law by the deporting officer which was overlooked by the attorney because he wants to make money too.
    I was there on that website too and corrected couple of them but I got picked on instead of thank you.
    the bottom line you don't need waiver yet , you need it down the line. so look around and get updated yourself with info. you should be very carefull to listen to others, that includes me too. Need any further help, waiver drafts Supplements of brief, examples of granted waivers, requirements for waiver
    write your email and I will respond promptly.. I remember still on 25th of nov 2002 I was posted 601 requirements on this web site and that was the first day ever waiver was discussed ever on this site.
    Its a discussion, not a legal advise..

  7. #7
    Hi Mohan,

    I read from the messages that u give great information.

    This is the story. Im an American married to an Indian. We met on the cruise line and my husband was on a C1D1 visa. I got pregnant and we left the ship. We went to an immigration lawyer and he told us that myhusband can stay.

    This was May 2002. January 2005 I-130 was approved but the I-485 was denied. We knew nothing about the 245i section.

    My husband is currently in India waiting on Consulate Processing. He has a ten year bar and i was wondering since you hear from so many stories what are the chances and how long does it normally take?

    Our son is with my husband b/c im working, studying to become a nurse, and paying lawyer fees.

    PLEASE help


  8. #8
    He has to DCF processing and when called foe interview he should prepare 601 and 212 waiver .
    In India it all depends upon the area, where he is going to file his Consulate processing, waiver alone takes 11 months to be answered..
    Waiver can be prepared by own Or with the help of attorney but Alien/USC has to be involved deeply to preparation of Above waiver, otherwise there is a good chances of denial. specially in India, phillipines and Pakistan.
    Its a discussion, not a legal advise..

  9. #9
    Thanks for your post. I have an attorney and also im seeing a mental counselor who will also write a letter for me.

    He is Processing at Bombay consualte but the consulate told me that New Delhi does the adjudication.

    If Im in a nursing program and me going to India will disrupt the program will that be one way to show hardship? Im healthy so i can't use that excuse. I see alot of denial letters on the web and dont know what really is "Extreme" in thier eyes.



  10. #10
    This is the story I am American married to an Vincy. We filed for an I-130 which ws denied. We filed the I-601 waiver. My wife was in the U.S illegally. My wife and two children (U.S. citizens) are in Barbados waiting on consulate processing. They said it would take 6 months before we get a response. I am currently working in the U.S supporting my family outside the U.S. What are the chances of getting the waiver approved? What is extreme hardship in their eyes? Any help would be greatly appreciated.

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