I-601A Waivers: Children Cannot Petition For Parents
Today we’re going to talk about a frequently asked question on a top waiver: I601a.
Children filing I-601A Waivers for their parents
Can Children file for an I-601A Waiver?
One question that I get asked frequently is: can a child file an I601a waiver for a parent?
I actually had a consultation today with someone who had this situation – they didn’t hire an attorney, they filed the case and got it denied because she was a child filing for the father, wasting a whole year unfortunately. Children are not eligible for the I-601a Waiver because the child-parent relationship is something that does not qualify. If the child is a U.S. Citizen, this doesn’t allow the father to qualify for the I601a Waiver.
However, you can qualify if you’re a spouse or a parent U.S. citizen or Lawful Permanent Resident: in those situations, that relationship could qualify for an I-601a Waiver.
So Brian, what other questions have we been getting? Well you’re talking about the I-601A, client’s get impatient and want to know exactly if we have a way to determine how much time does it take for an I-601A Waivers to get approved.
I-601A Approval Times
How long doies it take for an I-601A Waiver to get approved?
Alright well that is all that we have today. I am going to be out of the office next week so we will resume this two weeks from now. I want to thank you for tuning in again you can ask your questions below and we will be happy to respond or you can call us at (916) 613-3553 have an awesome day.
- Do Criminal Convictions Affect an I-601A Waiver?
- The I-601A Waiver Application Mistake You Must Avoid
- An I-601A Success Story: Waiver approval for medical extreme hardship
- Examples of Successful I-601A Waiver Applications
- https://www.ranchodlaw.com/blog/i-601-waivers/i-601a-hardship-waiver-daca-success-story/
- https://www.ranchodlaw.com/blog/i-601-waivers/i-601a-waiver-approval-12012017/
- I-601A Waivers and Extreme hardship Explained By Immigration Attorney Kaushik Ranchod
- Other Resources
Keeping Families Together Through The I-601A Waiver Process
I 601A Approval Notice (Waiver Process)
The Facts about this Success Story
Our client is the husband of a U.S. citizen and father to two U.S. citizen children.
Working with our law office, we were able to identify numerous extreme hardships to USCIS to help win the Waiver.
- A deep dive into the citizen spouse’s medical history revealed a rare condition and our office researched Mexico’s medical system to show that this condition would not be covered by foreign health insurance.
- The citizen spouse, also known as the qualifying relative, has good employment, but we demonstrated the significant student loan debt it took to get there and why she depends on our client’s joint income to repay this debt.
- Among other hardships, we further highlighted the citizen spouse’s psychological impacts of not just being separated from our client, but also raising 2 children in the United States as a single mother.
Our dedicated team of immigration lawyers and experts, was able to show enough evidence of exceptional hardship to secure a successful outcome in under three and a half months, at a time when immigration is averaging five to seven months for these Waivers!
A Detailed list of other information on I-601A Waivers
- Do Criminal Convictions Affect an I-601A Waiver?
- The I-601A Waiver Application Mistake You Must Avoid
- An I-601A Success Story: Waiver approval for medical extreme hardship
- Examples of Successful I-601A Waiver Applications
- i-601a Waiver Approval for Client who remained in the U.S. for 15 years
- I-601a Hardship Waiver Approval Notice
- I-601a Approval Document, Client Entered the U.S. Illegally from Mexico
- I-601a Waiver Approvals, Waiver for El Salvadorian Client Who Entered the U.S. Illegally
- i-601a Unlawful Presence Waiver APPROVED for Client from Central America
- i-601a Waiver Approved for Client Who Entered the U.S. Illegally
- Our Latest I-601a Success Story » Provisional Unlawful Presence Waiver
- I-601A Waivers, Client from Mexico entered and resided illegally in the U.S.
- I-601A Waiver Approved for Mexican Client, Unlawful Entry and Unlawful Presence in the U.S.
- I-601A Waiver Approval, Illegal Entry and Illegal Presence
- I-601A Hardship Waiver Approval, Nov. 11, 2016
- I-601A: How Psychological and Financial Hardship affect an approval
- I-601a Provisional Unlawful Presence Waiver Approval 2016-08-30
- I-601A Hardship Waiver Available to Spouses and Children of Lawful Permanent Residents
- I-601A Provisional Unlawful Presence Waiver Approval
- I-601A Waiver Approved for Client by The Ranchod Law Group
- I-601A Waiver Approval from Mexico
- Success Story: Approval of I-601A for Client Brought to U.S. as a Child
- Form I-601a: Common Misconceptions about the New Unlawful Presence Waiver
- Filing Unlawful Presence Waivers (form I-601A), Demonstration of Extreme Hardship
- Provisional Unlawful Presence Waiver (Form I-601A)
- Defects With I-601A Applications
- 5 Reasons Why You Should have an Immigration Attorney Assist You With the I-601A Waiver
- Can I Apply for an I-601A Waiver If Under an Order of Voluntary Departure?
- What you need to know about Form I-601A
- Tips for Completing Form I-601A Provisional Unlawful Presence Waivers
- Eligibility for the I-601A Provisional Unlawful Presence Waiver
- Will I Be Subject to Removal Proceedings If My I-601A Application is Denied?
- How to Prove “Extreme Hardship” for an I-601A Hardship Waiver
Examples of Successful I-601A Waiver Applications
Hi, this is Kaushik Ranchod here from the Ranchod Law Group, here for our weekly immigration update with Brian as well.
So today we’re gonna discuss some examples of successful I-601A Waivers. You have been asking questions and we want to answer them!
We have recently received two successful I-601A Waivers approved – we’re talking about I-601A Waivers.
What makes a successful I-601A Waiver?
One of the most recent I-601A waiver cases approved by The Ranchod Law Group was for a Client from Guatemala.
The Hardship Waiver Matrix
We create an extensive legal brief to analyze all of the hardships we identify which are specific to your case: In this case, what we did is we used our Hardship Waiver Matrix to analyze all the Hardships and created a legal brief. In the legal briefs, we looked at the most significant hardships the spouse of the U.S. citizen would face, were they to make a return to their spouses home country of Guatemala, or, be separated from each other.
Another aspect of the Extreme Hardship we examined was the medical Hardship. In fact, we knew that if the U.S. citizen spouse were to follow spouse to Guatemala there would be a number of relevant hardships: We focused on the the country conditions and the mental health issues.
We talked about all of these issues to demonstrate Extreme Hardship. The way that we did that was in a legal brief, because that’s important in arguing all the factors that create Extreme Hardship. Remember, mere separation is not enough.
So if you’re married a U.S. citizen or you have a U.S. citizen parent or a permanent resident, you may qualify for the I-601A Waiver – you can contact us at (916) 613-3553 to see if you qualify.
Disclaimer
I have to give you the legal disclaimer: I cannot guarantee that if we took on your case you would get approved that way, that’s why we need to analyze your case and determine whether it meets the Hardship Waiver requirements and whether or not you have a good case.
I want to thank you for tuning in to our immigration show, we will be here, well next Thursday is Thanksgiving, so we’re gonna be here next Wednesday before Thanksgiving, and have an awesome day!
Related Information on I-601A hardship Waivers
- Do Criminal Convictions Affect an I-601A Waiver?
- The I-601A Waiver Application Mistake You Must Avoid
- I-601A waiver for Mexican national – Health Insurance, Psychological and Medical Conditions
- I-601A Waiver for National from Guatemala
- Keeping Families Together Through The I-601A Waiver Process
- An I-601A Success Story: Waiver approval for medical extreme hardship
- Examples of Successful I-601A Waiver Applications
- I-601a Hardship Waiver – DACA Success Story
- i-601a Waiver Approval for Client who remained in the U.S. for 15 years
Top 3 Facts on I-601 Waivers, Latest Immigration Q&A from The Ranchod Law Group
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!
Related Information on Other information on I-601 Waivers
- Unlawful Presence Part 3 – The I-601 Waiver
- I-601 Waiver Approved for Client in India
- I-601 Waiver Approved for Client
- Five Facts about I-601 and I-601a Waivers you need to know
- I-601: Unlawful Presence Waiver Requirements
- What Doesn’t Warrant Expedition of I-601 Waivers?
- Expedite I-601Waivers Requires Hard Evidence
- I-601: Unlawful Presence Waiver Requirements
- I-601 Waiver Success Story for a Pakistani National
I-601 Waiver Approved for Client in India
I-601 Waiver Approved for Client in India
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.
Other information on I-601 Waivers
- Unlawful Presence Part 3 – The I-601 Waiver
- I-601 Waiver Approved for Client in India
- I-601a Hardship Waiver – DACA Success Story
- I-601 Waiver Approved for Client
- Five Facts about I-601 and I-601a Waivers you need to know
- I-601 Waivers: A Frequently Asked Question in Sacramento
- I-601: Unlawful Presence Waiver Requirements
- What Doesn’t Warrant Expedition of I-601 Waivers?
- Expedite I-601Waivers Requires Hard Evidence
- Top 3 Facts on I-601 Waivers, Immigration Q&A from The Ranchod Law Group
- I-601 Waiver Success Story for a Pakistani National
Additional information on Requests for Evidence (RFE):
- Responding to a Hardship Waiver RFE
- Increase in the number of Requests for Further Evidence (RFEs)
- Expedite I-601Waivers Requires Hard Evidence
- Gather Evidence of an Extreme Hardship for Form I-601
- J Hardship Waiver Approval Success Story for Client from South Asia
- J1 Hardship Waiver Approval for Client from Egypt
- I-601 Waiver Approved for Client
- Success Story: Approval of I-601A for Client Brought to U.S. as a Child
I-601a Hardship Waiver – DACA Success Story
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
Other information on I-601a Waivers
- Do Criminal Convictions Affect an I-601A Waiver?
- The I-601A Waiver Application Mistake You Must Avoid
- What is Going On With DACA in May 2019?
- An I 601A Success Story: Waiver approval for medical extreme hardship
- i-601a Waiver Approval for Client who remained in the U.S. for 15 years
- i-601a Waivers and Extreme hardship Explained By Immigration Attorney Kaushik Ranchod
- I-601a Waiver Approval Document and Success Story
- I-601a Hardship Waiver Approval Notice
- I-601a Approval Document, Client Entered the U.S. Illegally from Mexico
- I-601a Waiver Approvals, Waiver for El Salvadorian Client Who Entered the U.S. Illegally
- I-601a Unlawful Presence Waiver APPROVED for Client from Central America
- i-601a Waiver Approved for Client Who Entered the U.S. Illegally
- I-601a Success Story » Provisional Unlawful Presence Waiver
The Difference between 245i and I-601a Waivers
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?
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
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
A Detailed list of other information on I-601A Waivers
- Do Criminal Convictions Affect an I-601A Waiver?
- The I-601A Waiver Application Mistake You Must Avoid
- Keeping Families Together Through The I-601A Waiver Process
- An I-601A Success Story: Waiver approval for medical extreme hardship
- Examples of Successful I-601A Waiver Applications
- i-601a Waiver Approval for Client who remained in the U.S. for 15 years
- I-601a Hardship Waiver Approval Notice
- I-601a Approval Document, Client Entered the U.S. Illegally from Mexico
- I-601a Waiver Approvals, Waiver for El Salvadorian Client Who Entered the U.S. Illegally
- i-601a Unlawful Presence Waiver APPROVED for Client from Central America
- i-601a Waiver Approved for Client Who Entered the U.S. Illegally
- Our Latest I-601a Success Story » Provisional Unlawful Presence Waiver
- I-601A Waivers, Client from Mexico entered and resided illegally in the U.S.
- I-601A Waiver Approved for Mexican Client, Unlawful Entry and Unlawful Presence in the U.S.
- I-601A Waiver Approval, Illegal Entry and Illegal Presence
- I-601A Hardship Waiver Approval, Nov. 11, 2016
- I-601A: How Psychological and Financial Hardship affect an approval
- I-601a Provisional Unlawful Presence Waiver Approval 2016-08-30
- I-601A Hardship Waiver Available to Spouses and Children of Lawful Permanent Residents
- I-601A Provisional Unlawful Presence Waiver Approval
- I-601A Waiver Approved for Client by The Ranchod Law Group
- I-601A Waiver Approval from Mexico
- Success Story: Approval of I-601A for Client Brought to U.S. as a Child
- Form I-601a: Common Misconceptions about the New Unlawful Presence Waiver
- Filing Unlawful Presence Waivers (form I-601A), Demonstration of Extreme Hardship
- Provisional Unlawful Presence Waiver (Form I-601A)
- Defects With I-601A Applications
- 5 Reasons Why You Should have an Immigration Attorney Assist You With the I-601A Waiver
- Can I Apply for an I-601A Waiver If Under an Order of Voluntary Departure?
- What you need to know about Form I-601A
- Tips for Completing Form I-601A Provisional Unlawful Presence Waivers
- Eligibility for the I-601A Provisional Unlawful Presence Waiver
- Will I Be Subject to Removal Proceedings If My I-601A Application is Denied?
- How to Prove “Extreme Hardship” for an I-601A Hardship Waiver
