Archive for category: I 601 Waivers

Examples of Successful I-601A Waiver Applications

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Hi this is Kaushik Ranchod here from the Ranchod Law Group here for our weekly immigration update and here’s Brian as well so today we’re gonna discuss some examples of successful i601A waivers because you’ve been asking those questions.

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Top 3 Facts on I-601 Waivers, Latest Immigration Q&A from The Ranchod Law Group

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Hi this is Kaushik Ranchod here with our weekly immigration. I’m here with Brian and today we have a lot of exciting topics we’re going to talk about. I have updates on TPS. We’re going to talk about one of President Trump’s latest of memos, then we’re going to talk about I601 questions and a lot more so it’s action packed today!

First of all there has been some great feedback about the TPS Judge ruling where basically TPS is back, based off of a Judge’s ruling.

If you missed last weeks video go check it out. Also, I wanted to add that the countries that are renewed for TPS are:

  • Sudan
  • Haiti
  • El Salvador
  • Nicaragua

Interview Representation with USCIS?

So Brian do you have any questions for me or what are the questions that we’ve been getting?
BRIAN: I hear a lot of clients asking if it’s necessary or required to have an attorney for the interviews with USCIS: do they need to hire an attorney to represent them on an interview with USCIS?
Kaushik: It’s not required to have an attorney at the interview with USCIS. What’s happened is that there’s a memo that was passed in September of this year that’s really changed things. What’s happening now with USCIS is if they deny an application, in most cases, if you’re out of status, you’re gonna get issued a notice to appear in deportation court or put into removal proceedings.

Therefore even the cleanest cases can have problems, issues or surprises especially in today’s climate, so it’s important to have representation to protect you in the event that a surprise happens with the officer not following the law: representation can make sure that there’s no misinterpretations that happen which could lead to a denial.

Permanent Resident Child petition for Parents

Alright what other questions do you have for me Brian? What are the questions are we getting today?

BRIAN: People often ask if a permanent resident child can petition for their parents.

Kaushik: That’s a great question! If you are a parent of a permanent resident child then the question is: how does that affect you?? Well your child needs to become a United States citizen because a permanent resident child cannot file for a parent unless they’re in a US citizen, so they could help you to become a US citizen.

Now how about the second step if they enter lawfully? Can only a citizen petition for that waiver? Can a child petition for a Waiver for a parent? No a child cannot petition for a parent but a spouse or a parent can file for a child. So if you’re a US citizen child, you might be eligible for 245 I. That can be an option. Now if the parent entered lawfully with a visa then that means that the parent entered with inspection and the child could file in that respect.

I601 Waivers for Children?

Another question that we get is: how about a parent – can a parent do the Waiver ask for forgiveness for a child? A parent can file specifically for an i-601 waiver for the child – that would be possible: parents who are US citizens can file specifically for a child in the I601 situation.

A Recent Success Story

Also we recently received an i-601 waiver approval in this situation: the client was in the United States on a visa and while they were here, they were charged unfortunately with immigration fraud. After a long long process they were put into removal proceedings. What happened then, is they had to go back to India. When there, we filed for an I-601 waiver for them and we were able to get an approval so that they could be reunited.
OK, we want to thank you for tuning in to our weekly immigration show. Tune in next week Wednesday at 12, we’ll continue to provide you with great information and see you next week!

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I-601 Waiver Approved for Client in India

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I-601 Waiver Approved for Client in India




Waiver File date: April 27, 2017
RFE Issue: June 11, 2018
RFE Responded to Within Deadline in July 2018
Waiver Approval date: August 31, 2018

The Facts about this I-601 Waiver Approval Success Story

  • Client was previously in the United States on a non-immigrant visa
  • While in the United States, Client was charged with immigration fraud
  • After a long process Client was put in removal proceedings
  • After returning to India client married a U.S. Citizen.

The Ranchod Law Group was hired by Client to file for an I601 waiver in order to join his wife in the United States.

We argued against the immigration fraud charges against him and also argued a case of medical and mental health exceptional hardship to Client’s wife in the event that here were not allowed to reenter the U.S.. There was also a lesser component of financial hardship.

This was a very long process for client and his wife and we are so proud to have been the immigration attorneys he hired to ultimately win the case and gain the ability to reenter the U.S.

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I-601a Hardship Waiver – DACA Success Story

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Hi this is Kaushik Ranchod from the The Ranchod Law Group. Today I’m going to answer a question that has been on people’s minds regarding the I-601a Waiver.

I want to share a success story of a recent case where we got the Waiver approved for someone who entered on DACA

This person came to the United States as a child and doesn’t know Spanish very well: if his wife were to return home, she would face extreme hardship because financially she wouldn’t be able to support herself and on top of this, she is pregnant: anyone with children knows how expensive it is to have kids.
if she were to go back to Mexico with her husband, they wouldn’t be able to support themselves especially with the child which is what we argued to prove extreme hardship. We also argued that she had suffered a very difficult childhood and had mental conditions: this is all about the United States citizen – exceptional hardship has to be about the United States Citizen not about the immigrant; if you’ve entered the United States illegally it’s not about you it’s about your spouse who entered or is here as a US citizen. This is what the law provides and that is if you as a US citizen had to return to your spouse’s home country – this is another prerequisite. If your spouse is a US citizen or permanent resident, then you’re eligible for an I-601 a waiver.

If you want to know more about the I-601 waiver and DACA, take a look at our Videos on this subject.

So I digressed, I’m going to go back to the hardships that we focused on. So far we talked about mental hardship and we talked about financial hardship. Additionally we also argued about the country conditions that are prevalent in Mexico, the gang violence, the lack of access to health care, etc. which are current in certain regions of Mexico. We used all of these arguments to create an extreme hardship case that was ultimately approved.

The big question that I’ve been getting since I’ve shared this success story is:

Do you need to have applied for DACA and be approved for DACA in order to qualify for the I-601a waiver?

I don’t want you to be confused about this specific case where this person had DACA. You do not need to have been approved for DACA and you don’t need to have applied for DACA if you’re married to a US citizen or if you’re a child and you have a parent who is a US citizen. You might be able to qualify for this specific I-601a waiver and you can also be a permanent resident as well.
So as you can see every case is unique, every case has unique factors so for this I invite you to contact our office at (916) 613-3553 or email us at info at info@ranchodlaw.com to learn about your options – we’re here to help you every single day. This is a very difficult time right now in our country for people with your specific situation. I don’t want you to be afraid: there is hope, contact us and we can make things right for you. Thanks and have an awesome day

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The Difference between 245i and I-601a Waivers

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Hi this is Kaushik Ranchod from The Ranchod Law Group for our weekly immigration video. Today we’re going to talk about a frequently asked question clients often ask during consultations and that is:

What is the difference between the I601a and 245i?

Before answering the question I’m going to talk about one of my favorite immigration legal tools: 245i.

Why do I like 245i so much? Because it waives an illegal entry and avoids you leaving the country, however you need to be eligible for this. In order to be eligible for it you needed to have been present in the United States on December 21st 2000 and you also need to have had a petition filed for you before April 30th 2001.

This could be a family-based petition or an employment-based petition. Not only do you have to meet those requirements, but also they have to have been approved when filed. If you meet one of the requirements I mentioned earlier, it will waive an illegal entry if you’re married to a U.S. citizen and you had a petition filed for you on or before April 30th 2001 and you were physically present on December 20th 2000.

You can take advantage of 245i by applying for the marriage-based green card (adjustment of status), and 245i at the same time. Consequently you will not need to leave the U.S.

That is different than I-601a Waiver which is still an awesome option. With an I-601a Waiver you have to file for a Waiver showing extreme hardship to your U.S. citizen spouse. However, at the end of the process, you must undergo an interview at the U.S. Embassy.

In principle you must leave the United States with an I601a Waiver, however the great thing about it is that you are going to have the waiver approved before you are required to leave. Previously, with the I-601 Waiver, before I-601a legislation was passed, you were required to get the waiver approved outside of the United States and that was pretty scary for a lot of people because of the fact that you would be stuck outside the U.S. if the waiver were denied.

Now with the I-601a the great news is the fact that you can get that Waivers approved if you can show extreme hardship before you leave so you’ll know whether or not your Waiver is approved before you leave, taking out a lot of the risk in that whole I-601a process, but if you’re eligible for 245i why leave the country? Apply for 245i!

So I invite you to contact our office at (916) 613-3553 or email us at info@ranchodlaw.com – we’re happy to talk to you and answer your questions: we answer questions like this all day long. I’d like to thank you for tuning in on this video, have an awesome day. Download our free books on our website at ranchodlaw.com.

I look forward to seeing you next week.










Related Information on Section 245(i)

What Is i601a Waiver Extreme Hardship?

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Kaushik Ranchod Explains extreme hardship for an i-601a waiver






This Video offers a clear explanation of extreme hardship and how to address when filing an application.

Extreme hardship for I601a Waivers is one of the most frequently asked questions by people when they approach us here at The Ranchod Law Group.

A lot of people ask because it’s not clear what extreme hardship actually is. Let’s define it first by looking at what is it not. The best way to explain is to share the success story of a client who filed with us for an I601a Waiver and came back after three years to file for his U.S. citizenship.

We tackled the I601a Waiver by demonstrating extreme hardship through a myriad of factors: What we didn’t do was just claim that mere separation from his wife should be considered extreme hardship. He is from Peru and to demonstrate extreme hardship we argued career disruption if the U.S. citizen were not able to find the same kind of job back in the home country and this represents career and financial disruption.

For example, if the same level of income cannot be guaranteed, and consequently it becomes impossible to enjoy the same lifestyle, this could be considered another element of extreme hardship. This condition alone is generally not enough so what we did is combine all factors to create extreme hardship psychological conditions: if you have seen a therapist and you have certain psychological conditions as a U.S. citizen, this could be considered extreme hardship. If you have a specific type of medical condition or you’re taking care of a parent who is a U.S. citizen or a U.S citizen family member: that in itself is not extreme hardship but can be combined with other factors – it’s not just one thing, rather a myriad of things and circumstances we combine to create an extreme hardship.

If you have seen a therapist and you have certain psychological conditions as a U.S. citizen, this could be considered extreme hardship.

If you have a specific type of medical condition or you’re taking care of a parent who is a U.S. citizen or a U.S citizen family member: that in itself is not extreme hardship but can be combined with other factors – it’s not just one thing, rather a myriad of things and circumstances we combine to create an extreme hardship case.

I know it’s not fair that your separation from your spouse your loved ones is not considered extreme hardship because that is painful, however these are the cards that we’re dealt by the immigration law system. The legal standard of extreme hardship is higher, but we’re still able to win the majority of our cases by demonstrating extreme hardship in all of those situations where there are factors described.

The Ranchod Law Group cannot guarantee success in your case: every case is unique. However our approval rate is 20% above the national average as of today that I’m sharing this video with you!

Contact our office and discuss your case. We’ll be honest with you and explain what the real deal is if you want to find out whether or not your case qualifies for extreme hardship call us at (916) 613-3553.

i-601a Waiver Approval for Client who remained in the U.S. for 15 years

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Filed: August 10, 2017
Approved: December 1, 2017





I-601A Provisional Unlawful Presence Waiver Approval Notice

Waiver Approved for Brazilian Client Who Entered the U.S. Illegally and Has Remained in the U.S. Illegally for 15 years

The Facts

  • Client entered the U.S. illegally fifteen years ago
  • Client has been in the U.S. illegally since his entry
  • Client is married to a U.S. Citizen
  • Client has a U.S. Citizen child from a prior relationship
  • Client wife also has a U.S. Citizen child from a prior relationship

Our Case

There were many facts we used here at the Ranchod Law Group to argue and strengthen the case.

  • Client is a remarkably successful entrepreneur
  • He is the primary financial provider for his family
  • Although his wife works she earns only a small fraction of Client’s income
  • Together, they have many financial obligations including a mortgage, loans, and a commercial business lease

We successfully argued the wife could not run the business in client’s absence and client could not support his family from abroad.

Wife also had some health issues we used to further support the case.

The couple was also financially, practically, and emotionally supporting the wife’s U.S. Citizen mother.

The circumstances in each case are different but we craft each case per the client’s particular circumstances. Each case is several hundred pages long and is prepared with time and attention to detail. We are so happy to help another client and give him stability after so many years without status.

Schedule a consultation with us, call now (916) 613-3553






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i-601a Waivers and Extreme hardship Explained By Immigration Attorney Kaushik Ranchod

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Schedule a consultation with us, call now (916) 613-3553

I-601a Waiver Explained By Immigration Attorney Serving Stockton CA

Another success story by the Ranchod Law Group. Watch this video where immigration attorney Kaushik Ranchod illustrates how they were able to prove extreme hardship.

The Story

The Client, a U.S. Citizen working a job had been demoted, completely relied on her husband for financial support. The couple has a U.S. citizen child. They have had a life together for many years – Juan came into the U.S. without an inspection and without a visa.

At this point they sought help to avoid their family be ripped apart by separation .

We worked relentlessly here at the Ranchod Law Group to prove all the extreme hardship factors – one of the hardship factors is not being separated. Although this may seem to be the most important one, it is not according to the laws and USCIS: unfortunately that is not extreme hardship.

We were able to build a case around a few key factors:

  1. Extreme hardship to the child
  2. Consequent extreme hardship to the parent who is the U.S. citizen
  3. Extreme hardship caused by career disruption
  4. Extreme hardship caused by financial disruption

You may be going through a very difficult moment in your life, you’re probably scared.

We are here to help you. Contact us to learn about your options

We will tell you if you do have an option or not.

The i-601a waiver and extreme hardship waiver described in this video is one great option that we focus on at the Kaushik Ranchod and with which we have had great success.

We have had only one denial since the i-601a came out.

Read other success stories and information on I-601A Waivers by The Ranchod Law Group:

We cannot guarantee the end result, but we will be honest with you and tell whether you have a case or not.

Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

I-601a Waiver Approval Document and Success Story

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I601-A Waiver Approval Document for Client with DACA

I601-A Waiver Approval Document for Client with DACA

I-601A Waiver for Illegal Entry and for Being in the U.S. Illegally Approved for Client with DACA

Filed: December 12, 2016
Approved: September 18, 2017

The Facts of this Case

  • Client is a young man with DACA
  • He is married to a U.S. Citizen
  • Thankfully he was never too sure about DACA‘s future and began the process to obtain his lawful permanent residence (his green card)
  • Since his parents brought him into the U.S. illegally, he needed to obtain an I601-a waiver before he could receive his lawful permanent residence

In order to win these waivers we have to prove that his qualifying relative, in this case his U.S. citizen wife, would suffer extreme hardship both if she remained in the U.S. without client and also if she relocated abroad to be with client.

Additional Facts Proving Extreme Hardship

  • Client’s wife was dependent on client as he is the primary financial provider for the family, a role he could not fulfill from abroad
  • The couple recently purchased their own home which she could not pay for if he was forced to go abroad
  • The wife is in college and she could not continue her education without client’s support and she also could not continue her education abroad
  • If client left his job his wife would lose her health care coverage

Finally,. We crafted arguments around these circumstances and we are so happy client is able to become a lawful permanent resident, especially now that DACA has been discontinued.

Schedule a consultation with us, call now (916) 613-3553


Read other success stories and inforamtion on I-601A Waivers by The Ranchod Law Group:

Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

I601A Waiver Approval for Client entering illegally the U.S. from Mexico

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I601A Provisional Unlawful Presence Waiver (Form I-797 NOTICE OF ACTION)

Approval of I601A Waiver for Entering Illegally and Staying in the U.S. Illegally for Mexican Client

Filed October 11, 2016
Approved August 14, 2017

The Facts About This Case

  • Client entered into the U.S. in the early 2000s
  • He married a U.S. citizen
  • At the time we filed the case the couple was expecting their first child

How We Managed the Case

In order to win this case, we had to prove to immigration that client’s U.S. Citizen wife would suffer extreme hardship if she relocated to Mexico to be with client. Furthermore, she would suffer extreme hardship if she remained in the U.S. while client was in Mexico.

In support of the former, we argued relocation was not possible because she would lose her health care coverage if she relocated and she needs access to prenatal care.

We also argued she cannot even visit Mexico because of the risk of Zika. She is also very attached to her family (parents, siblings, nieces, and nephews) and a separation would be catastrophic to her mental health. In terms of extreme hardship in the scenario of separation (client returns to Mexico and wife stays in the U.S.), we argued wife needed husband’s continued support. She was seeing a therapist for anxiety.

Another valid point we argued was that husband contributed financially and this will be even more important when wife takes a period of unpaid leave after their child’s birth.

Finally, we argued that wife would need to depend on her husband to co-parent their child.

Our argument proved successful

This was a particularly difficult case to win because husband has a prior conviction for a crime involving moral turpitude but we were able to research an exception to qualify the client.

Schedule a consultation with us, call now (916) 613-3553


Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.