I 601 Waivers | Ranchodlaw

Typically, when a US citizen marries a non-immigrant – a foreign national who is inside the United States legally, the process does not require a I-601 hardship waiver. This process of obtaining a green card is called “adjustment of status” and is handled by the US immigration (USCIS) inside the US.

If your spouse has entered the United States illegally (entry without inspection), we have a whole different issue.

One possible scenario is that somebody entered the United States legally with a visa, but overstayed. When such a person marries a US citizen, they can usually adjust their status within the country, if they can prove, that they entered the US legally. (There are exceptions to this rule and you should consult an experienced immigration attorney if you are out of status. Additionally, the law has recently changed if you have entered on a visa waiver program but overstayed).

This is different for people, who enter the United States without inspection. They do not have the option to adjust their status within the United States and become legal, even if they get married to a US citizen. For them, the best option to obtain a green card is to apply for an I-601 Waiver. For this, they have to leave the country, get the waiver approved and re-enter the United States on an immigrant visa.

Following is an outline of the process you have to go through, if you are in this category and want to become a legal resident:

Step 1: File a Marriage Petition

First of all, you have to file a marriage petition. This petition is filed by completing the I-130 form and appropriate supplemental documentation.

Once the petition is filed and approved, the case will be sent to the national visa center.

We will discuss the additional steps in a subsequent blog post. Please contact our offices in San Francisco, Santa Clara and Sacramento, California at 415-986-6186 to learn more about how to obtain a I-601 hardship waiver.

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By Immigration Attorney Kaushik Ranchod

If you’re reading this, it’s highly probable that you’ve come to this site to research the steps and requirements to file a waiver of inadmissibility.

One of the grounds for overcoming a finding of inadmissibility determination, and, consequently, bringing you and your relative together in the US, is for you (the US citizen or the Permanent Resident aka “Qualifying Relative”) to collect evidence and describe your own “extreme hardship” as a result of being separated from your spouse (who, only by the governmental agency, is referred to as “Alien”).

What I acknowledge, as an Immigration Attorney, is the common sense involved of your feeling of “extreme hardship” by a ruling which denies the presence of your spouse, (present or future) . . . . and, further, to say that I understand that — to you — never, ever will it be “normal hardship,” no matter what the legal forms and methods of analysis indicate.

But, too, I need to point out the obvious: the person doing the research about symptoms of “extreme hardship” is the one often actually suffering from the extreme hardship. And I’m not surprised that compiling data and writing your story often brings on or worsens feelings of desperation and depression which can often hurt or hinder your progress to achieving your goal.

That’s why it is important to find places on the internet that clearly state the immigration rules and practice steps as a logical, facts-based process and bring as much predictability in terms of time and outcome to the researcher. One such agency is the Department of Homeland Security’s Citizenship and Immigration Services Ombudsman (Recommendation Regarding the Processing of Waivers of Inadmissibility) which Congress created with the “goal of increasing transparency and uniformity in immigration process.” Furthermore, the Ombudsman “exists to make recommendations to USCIS on how to improve services, increase efficiencies, and provide a more meaningful experience for our customers. USCIS takes these recommendations seriously . . . reviews them [and] implements when possible.”

An example of a recent response to recommendations (October 12, 2010) as it applies to the Processing of Waivers of Inadmissibility (*see footnote for ref.) I believe review of this memorandum will make you aware of the tone and commitment to better communication between government agencies who deal with urgent personal matters such as filling a I-601 hardship waiver.

To summarize this post: it is natural to feel overwhelmed by the complexity of the process to overcome inadmissibility, especially based on “extreme hardship” considerations. When unearthing one’s choices by internet research, it’s not immediately clear, what exactly is the best option to pursue since the choices taken and results achieved are descriptive of applying general principles to individual facts which may not be applicable in every case.

I compare doing such legal research to researching a physical malady by consulting WebMD. And I’m not saying that research about “symptoms” is not a good step. Becoming familiar with language, terms, what others have to say, is part of the learning curve of any new process. You can become knowledgeable of basics, learn to research questions and answers, and get insight into how others have handled similar life experiences. I do recommend you take these research steps on your own before you consult a professional for analysis and advice.

Please contact the Ranchod Law Group in California, if you have any questions regarding or want to start the process of applying for an I-601 hardship waiver. We serve clients across the U.S. and at U.S. Embassies worldwide. To schedule a consultation contact us at 415-986-6186 or at info@ranchodlaw.com.

*see 10/12/10 memo here

I-601 Waiver, What happens when your spouse is an illegal immigrant? – Part 1

Researching the I-601 Waiver on Ground of Extreme Hardship – a Common Sense Approach

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