Immigration Lawyer Focuses on I-601 Hardship Waiver Process
In an earlier article, I discussed some of the more common reasons that would make a foreign born spouse ineligible for a U.S. visa. My work as an immigration lawyer has brought me into contact with an array of people who are seeking an I-601 Hardship Waiver, which can lift the ban on someone who has been denied admittance to the U.S. In this entry, I’ll focus on the process of applying for the waiver.
I-601 Hardship Waiver
Applicants for a visa won’t know if they’re going to be denied until they are interviewed by the consular officer. The officer will determine the following—if the applicant is ineligible for a visa, if under the law allows the applicant to apply for a waiver and if the applicant is eligible for a waiver.
You cannot submit a waiver until you’ve been turned down for a visa. However, you may know in advance that you are going to be denied. If that’s the case, then you can help facilitate the process by completely filling out a waiver immediately after the denial. The consular officer will give you the waiver form with the reason for denial listed and denial codes included on the form.
The applicant will need to have their finger prints taken and pay a fee. Then a complete waiver package must be submitted.
Extreme Hardship
According to the law, the Qualifying U.S. Citizen, who would be the spouse, fiancée or fiancé with a visa, must prove that the denial of a visa will cause “extreme hardship.” Often the “extreme hardship” that is claimed is that the spouse, fiancée or fiancé will be forced to live outside the U.S. The hardship has to be “greater than the normal hardship the qualifying relative can be expected to experience if the Alien is denied admission.”
Standards vary and at some consulates the Qualifying Citizen will have to acknowledge not only why they cannot move to a foreign country but also why they cannot live in the U.S. without the person who has been denied a visa.
The Qualifying Citizen presents their extreme hardship case in a legal memorandum. Saying that you will miss your spouse greatly or will be lonely is not extreme hardship. This legal memorandum, which can benefit from the detailed and thoughtful preparation of an immigration lawyer, is the key element in the waiver process. It must be specific, detailed and accurate. Evidence and documentation are essential.
Decision
After the waiver form, fingerprints, hardship letter and evidence and fees have all been filed, the spouse or fiancé may not enter the country. They must wait for the adjudication process to run its course. The wait can be lengthy and it varies from consulate to consulate.
If a waiver has been granted, then a visa will be issued. The applicant will either be sent the visa on a predetermined date or will be instructed to pick it up at the consulate. With the visa in-hand, the applicant may enter the U.S.
What You Can Do
Applying for an I-601 Hardship Waiver can be time consuming and confusing. It’s also anxiety producing due to the fact that the hardship letter carries so much weight. It’s a huge responsibility. Please contact the Ranchod Law Group in San California, if you have any questions regarding or want to start the process of applying for an I-601 waiver. We represent clients across the United States and at Embassies worldwide. To schedule a consultation contact us at 415-986-6186 or at info@ranchodlaw.com.
More Information:
I-601 Hardship Waivers
Extreme Hardship in an I-601 Waiver Case
