What Doesn’t Warrant Expedition of I-601 Waivers?

Published on December 7, 2012 at 8:37 am
by admin

An applicant submitting I-601, Application for Waiver of Ground of Inadmissibility, should be aware that certain circumstances will not warrant his or her application being expedited for review or approval. These include only a strong desire on the part of the applicant or qualifying relative for the applicant to be admitted to the U.S. It aids the applicant if the qualifying relative wants the applicant to be admitted to the U.S., but the qualifying relative must demonstrate a need or hardship. The qualifying relative should show that he or she would suffer without the presence of the applicant in the U.S.

Similarly, only a verification that the applicant would have a job held open for him or her if granted admission is not sufficient. It is helpful if an employer states an interest in having the applicant in the U.S., especially if the applicant is eligible to work. It is the presence and statements of a qualifying relative, however, that are required for approval of I-601.

There are many non-traditional grounds for expedition of I-601. One is the applicant’s nearing of the age at which he or she will no longer be covered by the Child Status Protection Act, and so could not receive a visa under the Act. Another is the applicant’s ineligibility to receive a visa in the following month because of “visa regression” – a lower number of available visas because of high demand. Visa regression can cause an applicant to suffer a longer and unanticipated separation from his or her family, especially from his or her qualifying relative.

When determining whether to expedite a case, United States Citizenship and Immigration Services (USCIS) looks for evidence that the applicant’s case is time-sensitive. The applicant should provide documentation of days remaining to the critical date, i.e. the “age-out” date. This includes a copy of documents verifying relevant information. A good example in the circumstances of an “age-out” case would be a copy of the applicant’s birth certificate clearly showing the applicant’s birth date. The applicant should also consider providing documents that detail already-suffered delays that impeded the submission process.

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