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Will I Be Subject to Removal Proceedings If My I-601A Application is Denied?

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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