Will I Be Subject to Removal Proceedings If My I-601A Application is Denied?
Eligible individuals can soon apply for the I-601A waiver that would allow them to leave the U.S. to participate in their visa interviews abroad without having to worry about a potential bar to returning to the U.S.
The i-601 waiver would allow an individual to know before leaving the U.S. whether they would have to spend three or even ten years abroad prior to returning to the U.S.
I-601 waivers are generally granted to individuals who can prove an extreme hardship on their family should they be forced to remain outside the U.S.
While it may seem that many eligible individuals would be excited by the prospect of this waiver, there is also some concern that if an individual applies for the waiver, that person would essentially expose their illegal status in the U.S. triggering removal proceedings.
Standard for Removal Proceedings
The Department of Homeland Security (DHS) stated it is focused on removing individuals who pose a threat to public safety or national security. This can include individuals who have a criminal history, has committed fraud, or is otherwise considered a threat.
However, in its Final Rule, the DHS also emphasized that it does not envision going after I-601A applicants simply because they filed for a waiver and were rejected.
Alternatively, if you pose a threat to health or safety, the DHS will prosecute you. It doesn’t matter if the DHS learns of the risk through an I-601A application or any other means.
Contact a Hardship Waiver Attorney
For more information, contact us today at one of our offices in:
If you are thinking about applying for the I-601A hardship waiver and are concerned with some aspects of your background, you will want to contact a hardship waiver attorney.
A Detailed list of other information on I-601A Waivers
- Keeping Families Together Through The I-601A Waiver Process
- I-601A Waiver Approval and Success Story for a Mexican National
- I-601A Waiver for National from Guatemala
- 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
