Home » I-601A waiver: What You Must Know About Arguing Extreme Hardship

I-601A waiver: What You Must Know About Arguing Extreme Hardship

Kaushik Ranchod from The Ranchod Law Group welcomes you to this article based on the Ranchod Law Group Immigration Show videos.

You’re going to want to stay tuned and watch this video to learn about some of our recent success stories and how our team of dedicated immigration attorneys has won I-601A waivers for our clients.

In this video, we address two cases for which we have letters of approval for I-601A waivers. Kaushik will address a specific issue about extreme hardship to a U.S. citizen spouse. In this article, we also explain a case of extreme hardship to children, which are not qualifying relatives, but affect the U.S. citizen spouse creating extreme hardship.

In this Video Kaushik also addresses a recent I-601A success story case for a client from Mexico.

President Obama Introduced the I-601A

The Obama Administration implemented the I-601A Waiver. This waiver has been advantageous because previously, you were required to file for an I-601: there was no I-601A. Filing for the I-601 waiver was the only procedure available. Until Obama introduced the I-601A, you had to file and go through the whole green card and immigrant visa process in the United States. Then you would go for your green card interview, get it denied, and only then be able to apply for the I-601, and you were waiting to have that decision made.

The great news is that you apply for the I-601A waiver in the United States, so you have a decision before you have the final interview in the I-601A waiver. That’s the most challenging part of the process. You can get that out of the way before having to leave.

The Differences between I-601 and I-601A Waivers

There is a difference between the I-601 and the I-601A. I-601A waivers are primarily for unlawful presence. I-601 waivers can cover other issues such as fraud or misrepresentation. Check out my last video if you want to learn more about that. We address only I-601A waivers in this article and video. Suppose you have a U.S. citizen spouse, a lawful permanent resident spouse, a U.S. citizen, or a lawful permanent resident parent. In that case, that’s the bare minimum requirement to be able to apply for this kind of waiver.

You also want to start the process by making sure you have your petition for relative alien (I-130) approved. After the I-130 is approved, it will then go to the national visa center. You’ll need to pay the national visa center fees, and this will allow you to start the I-601A waiver process.

I often see people commit mistakes. Sometimes the person contacting us seeking help may not realize they need a waiver. These are regrettable situations where people have received bad advice and didn’t file for a waiver. In such a case, people could get stuck outside the United States. Consequently, they would be required to file for an I-601 waiver outside of the U.S.

Therefore, you want to make sure you go through this I-601A process.

This procedure is valid if you entered the U.S. without a visa.

If you have entered the U.S. with Inspection

If you entered with inspection, you don’t need to go through he procedure I have described in the previous paragraph. The process allows you to apply for a marriage-based green card. There is a possibility you may be eligible for a 245(i) – Green Card through INA 245(i) Adjustment – even if you entered without a visa, but you need to have a petition filed for you in 2010.

On the topic of Green Card, through section 245(i), there are two other articles you may find very useful. I recommend the following article to learn more about your eligibility for 245(i) Adjustment:

Success Story #1: National from Mexico

Let’s dive into the first I-601A success story!

The first success story here is about a client, the husband of a U.S. citizen with two U.S. citizen children from Mexico (I-601A Hardship Waiver Letter of Approval, Nov. 11, 2016).

As I mentioned earlier, the two U.S. citizen children are not direct qualifying relatives, but we can still talk about the hardships because they indirectly affect the U.S. citizen.

One of the first things to point out is whether or not any adverse factors negatively affect the applicant. In this situation, we didn’t have any such adverse factors. Our Immigration attorneys pay attention to existing medical issues if there are any. In this situation, the applicant had a rare medical condition that physicians in Mexico could not treat. Mere psychological separation is not enough to prove extreme hardship. However, in this situation, we were able to discuss issues that went beyond the separation. Based on the facts of this case, we discussed the emotional, psychological hardship said separation would have inflicted upon the single mother with two children if the applicant were to leave the U.S.
The separation would have created a psychological impact that would undoubtedly have an extremely negative impact and affect the U.S. citizen. In addition, our immigration attorneys were able to build this case also considering the excellent job of the U.S citizen and the problems related to student loan debt, which they wouldn’t be able to service if they were to leave the U.S.

By combining all of these arguments, stacking them one by one by one, our team of immigration attorneys got this case approved. This approval is one example of I-601A approval.

Success Story #2: National from Mexico

I will now illustrate the second case of this article that provides more insights into how these cases are approved and how an immigration attorney should articulate them. I have mentioned many times that every case is unique. I invite you to contact us at (916) 613-3553 or fill in the form below to learn more and see if you qualify. Now let’s dive into the next case!

In this case, our client entered the United States in 2002. The client, a very young lady at the time, was only a teenager. She then went on to marry a U.S. citizen, and they had U.S. citizen children as well (I-601A Hardship Waiver Letter of Approval – Nov. 28, 2018).

Our immigration lawyers studied all the details of this case and discovered there were no adverse factors. In fact our team successfully demonstrated that there are no adverse factors because:

  • she spoke English well;
  • she had always paid taxes;
  • she had never been in trouble with the law.

Extreme hardship due to health issues

We elaborated the case using these arguments. A closer look at our client’s health record revealed some health issues which required qualified medical attention. Again our immigration attorneys successfully described the client’s condition and how she would not have access to medical care and the most appropriate medical treatment if they relocated to Mexico. The client’s existing medical condition was a critical factor in this case and helped us get the approval.

In addition, her husband also did not have formal education or training. In this situation, where the U.S. citizen is forced to relocate, there wouldn’t have been the opportunity to get comparable employment. And because of this lack of opportunity, we highlighted how there would have been an additional form of career hardship.

A strong emotional and financial bond

Finally, our team of immigration attorneys in Sacramento also talked about how the couple relied on each other. Their dependence upon one another was not only financial but also emotional. What our attorneys discovered by interviewing the couple was how they worked together as a team. Their team effort was instrumental in conducting a healthy and happy lifestyle that positively affected the couple and their children.