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  • I-601 waiver

    I was wondering if anyone has filled out an I-601 waiver and what their experience has been (approved, denied and why, etc.). What points seem to be most important to the INS/BCIS when establishing "extreme hardship"?
    I am having to complete this form because my husband is considered "inadmissible" (under 212 a9B)-- he came to the U.S. legally in 1992 and overstayed his visa; we married in 6/97 and filed his paperwork with the INS then (I-485 and I-130). He received advance paroles in 1997 and 1999 to visit his ill mother in Mexico. At a meeting with the INS office, they informed us that because he left the country and because he was in the U.S. illegally for over 180 days I would need to fill out an I-601 and prove to the satisfaction of the INS that if my husband was deported I would face "extreme hardship".
    Any guidance, suggestions would be most appreciated!!
    Thanks,
    Jill

  • #2
    I was wondering if anyone has filled out an I-601 waiver and what their experience has been (approved, denied and why, etc.). What points seem to be most important to the INS/BCIS when establishing "extreme hardship"?
    I am having to complete this form because my husband is considered "inadmissible" (under 212 a9B)-- he came to the U.S. legally in 1992 and overstayed his visa; we married in 6/97 and filed his paperwork with the INS then (I-485 and I-130). He received advance paroles in 1997 and 1999 to visit his ill mother in Mexico. At a meeting with the INS office, they informed us that because he left the country and because he was in the U.S. illegally for over 180 days I would need to fill out an I-601 and prove to the satisfaction of the INS that if my husband was deported I would face "extreme hardship".
    Any guidance, suggestions would be most appreciated!!
    Thanks,
    Jill

    Comment


    • #3
      Mohan post a guideline for i-601 waiver.

      Comment


      • #4
        Thanks -- I found it. I saw your post from Nov 18 and wondered if I could e-mail you. I too am trying to do as much research as I can. If you have some ideas to share I would love to be in touch.

        Comment


        • #5
          jmg :

          Could you please clarify . You need a waiver just because yr husband overstayed ? I Thought that the immigration can pardonne the overstay of the spouse of a usc ....

          thank you

          Comment


          • #6
            Normally he would be pardoned, but because he left the country, he is considered inadmissible. (This is what the INS officer said at our interview.) He received advance paroles in Dec 1997 and Dec 1999 and used them to visit his sick mother in Mexico. We filed for adjustment of status in June 1997. Since then, he has received nothing--no green card, etc. We only learned about having to complete the I-601 at the beginning of this month when we had our third interview in Jacksonville. We originally filed the case in Atlanta, and moved to Florida in 2001 and our file was transferred.
            I'm so distraught over this because I am not sure how I am going to prove "extreme hardship"--neither of us has a medical condition; we have no children; I have a phd and earn more than my spouse...I guess what I can say is that I have lived in the US my whole life and that my husband has been here for 10 1/2 years and has become "Americanized"..any other suggestions ??
            Thank you!
            Jill

            Comment


            • #7
              THANKS GJM FOR YR REPLY...

              I think all these things are kind of tricky...they give him advanced parole and he is being punished for it...
              well my friend you need a lot of patience and do a lot of search regarding this waiver...it's really hard to get approved but miracles do exist
              good luck to you...

              Comment


              • #8
                Using Advanced Parole when you acquired illegal presence is a big trouble. I was advised by my lawyer not to leave the US. I was even told not to apply for it since I cannot use it anyway. Proving the grounds for your i-601 may contradict the purpose of the advanced parole if you think about it. You can drop me an email at blessedone1@hotmail.com.

                God bless.

                Comment


                • #9
                  I know your feeling i was in the same situation a while ago, but don't worry, send a letter to the immigration and explain the emotional and what ever hardship you want, you can even say that you will kill yourself if he leave, now you have to apeal the decision and file a reopen case, they will call you for a hearing and you will have the chance to speack live to a judge, but you will only have 15 mn so be prepare, because there's no second chance, 75% of chance that you will win.
                  Good luck

                  Comment


                  • #10
                    Did you have to do a I-601 because of unlawful presence and the advanced parole? Was it initially denied, and then approved on appeal?

                    Comment


                    • #11
                      Hi. I am currently going through the I-601 process because my husband overstayed his visa, and then left the country (although we were not yet married when he left.)

                      Extreme hardship is difficult to prove from what I have heard, but there are always different ways to phrase things that might make it sound more extreme.

                      It is important to remember that they really don't care that much about him. Therefore hardship to him is irrelevant unless it proves hardship to you. As the USC it must be you that can prove hardship.

                      Some things you can also consider are things like your job, education, ability to speak the language in his country, available medical care, potential dangers to you in his country, psychological stress, any family that you have or don't have in his country, etc. etc. etc. The key word for the I-601 is EXTREME make sure that any hardship you discuss is evidenced as EXTREME.

                      You will probably want to take some time to find a good lawyer that is experienced in the I-601 waiver (not just any lawyer, but someone with a proven track record!) The lawyer will probably be expensive.

                      One question for you. I am not completely sure whether or not he is currently in the USA. Can you clarify this for me.

                      It may be somewhat easier for you if he is in the USA right now, but either way it is a long and difficult ride... I only wish that I had heard the 75% approval rate quoted by tintin and I truly hope that it turns out to be accurate (the rates I have heard are somewhere closer to 10%- but these are all hearsay too, I haven't actually found any official statistics.)


                      http://members.lycos.co.uk/usimmigration

                      Comment


                      • #12
                        Am too is in the process of submitting an I-601. The hardest part to convince our minds is the fact that the decision made for these waivers is discretionary, meaning if the officer is having a bad day...Imagine how he would percieve all waivers that he is working on that day. At any rate...I can concur with Spouse that anything that you would put on that waiver should be relayed as EXTREME. You have to be sensitized of what they are requiring...which is in this case..EXTREME HARDSHIP.
                        I also believe and based on my research, one of the factor that the INS is looking for is the severity of the violation. In other words, if the waiver is for a moral turpitude or a agrevated felony, then scrutiny is much more. However on the other side of the coin, where if the violation is merely due to overstay(Like Spouse's husbands case), there should be less scrutiny. Nonetheless, EXTREME is your key word.
                        Good luck to off us!!!

                        Comment


                        • #13
                          all the cases who was put on deportation after april 1st 1997 has to prove the exceptional and unusual extreme hardship, regardless of the type of immigration violation.
                          IN IRRIRA the level of extreme hardship is elevated to the extend that its only belongs to USC/LPR and dependents( alien itself is eliminated), it shgould have certain good points which can't be overlooked.

                          Comment


                          • #14
                            Sounds accurate for the most part, but according to my understanding the I-601 is not specifically for deportation. If deportation is involved than the I-212 should be filed.

                            But I sure wish/hope that there is some degree of truth to what Angel said. It would make a lot more sense (unfortunately, in my opinion BCIS does not often strive to make sense!)

                            Any definite information that anyone has on the above topics would be an interesting read.

                            Thanks!

                            Comment


                            • #15
                              From speaking with a couple attorneys about my case, the outlook does not look good. It is really depressing. It seems to me that it is up to the clients (us) to come up with the criteria/creativeness for extreme hardship and the lawyer just writes it up and presents it. Is the probability of having the waiver granted higher just because an attorney is present?

                              Comment

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