Generally, an immigrant who accrues over one year of unlawful presence in the U.S. will be inadmissible to the U.S. for ten years. However, there are certain circumstances in an immigrant’s life that may allow the person to receive a waiver of inadmissibility to remain or return to the U.S. before the expiration of the 10 year inadmissibility period. In general, an I-601 is usually filed with the U.S. federal government abroad, but it can sometimes be filed in the United States, depending on what kind of waiver is sought.
The Las Vegas, Nevada immigration attorneys of MC @ FC Law have a great deal of experience in helping clients from all around the world file their I-601 petitions. In fact, we take pride in being able to provide legal resources to reunite individuals and families who otherwise would not have been reunited because of normally stringent inadmissibility requirements. Despite being inadmissible, the law allows immigrants to apply for immigration waivers if the immigrant meets conditions that will allow for immigration waivers. For example, if the immigrant who is otherwise inadmissible is married to or a child of an American citizen or lawful resident and can establish that a denial of entrance would create an “extreme hardship” for the citizen or lawful permanent resident, a waiver may be awarded that would allow the otherwise inadmissible immigrant to enter the country. To learn more about these waivers, speak to one of the American immigration lawyers at MC @ FC Law.
“Extreme Hardship” Requirement
If you are unable to prove extreme hardship will result if you are not granted admission into the country, waivers for immigration may be denied. Some factors that immigration officials will consider when determining “extreme hardship” include familial relationships in America, familial relationships abroad, health conditions, length of time here, condition of the immigrant’s home country, the immigrant’s financial status, the possibility that the immigrant’s status can be adjusted by other means, whether or not the immigrant offers some kind of special assistance to the U.S. or the community, the immigration history of the immigrant, and the immigrant’s position within the community.
Establishing extreme hardship is extremely fact specific and will depend on each immigrant’s personal circumstances. Even though circumstances may not be “extreme hardships” in and of themselves, all relevant factors will be weighed when deciding whether or not a legally adequate amount of hardship exists to approve waivers for immigration. It should be noted that the standard to determine whether or not a waiver should be granted is “extreme”, not just unusual or uncommon.
American citizens who petition on behalf of spouses and who are approved through the United States Citizenship and Immigration Services (USCIS) but are subsequently denied a visa by an American consulate may submit USCIS form number I-601, Application for Waiver of Grounds of Inadmissibility, to prove that the American citizen or permanent resident will suffer a hardship, extreme in nature, if the immigrant husband or wife is not allowed to enter the country.
Leave it to Immigration Professionals
Immigration law is a complex entanglement of rules and procedures that can confuse even the most educated of citizens. When you have a question on the subject of immigration waivers or if you want to apply for immigration waivers for yourself or foreign national loved ones, contact the uniquely skilled and highly knowledgeable staff of MC @ FC Law by phone or fill out the form on this website today to schedule a consultation with one of our experienced immigration lawyers. During the consultation, our team will review your case and provide you with legal options.
Because MC @ FC Law serves international clients in immigration proceedings, it is ready and able to offer immigration counsel in the languages of English, Armenian, Cantonese, Mandarin Chinese, French, Russian, Spanish, and Tagalog.