I-601a Hardship Waiver – DACA Success Story

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