Individuals who have been deemed inadmissible to the United States may be eligible to apply for an I-601 hardship waiver. This type of waiver acts to waive certain grounds of inadmissibility and can allow you to obtain an immigrant visa, adjustment of status, and certain non-immigrant statuses. I-601 is the specific United States Citizenship and Immigration Services (USCIS) form that you must file when seeking such a waiver.
“Hardship” refers to the requirement that you must be able to demonstrate that a “qualifying” U.S. citizen or lawful permanent resident relative will suffer extreme hardship should the U.S. government decide not to grant the waiver, resulting in you having to live apart from your relative. The definition of a “qualifying relative” will differ depending on the waiver category. If you have questions about whether your relative meets such requirements, a knowledgeable Baltimore asylum attorney at Miranda & Weisman can help.
The I-601 waiver covers several grounds of inadmissibility, ranging from certain criminal-related grounds, to immigration fraud and misrepresentation, to previous unlawful presence in the United States. In determining whether an “extreme hardship” exists that is sufficient to waive inadmissibility, USCIS will consider many different factors, including: health (medical treatment), financial, educational, and personal considerations along with other “special factors,” such as cultural, language, religious and ethnic obstacles, or valid fears of persecution or physical harm.
In order to prove extreme hardship you will need to submit sufficient evidence in support of your claim. If the evidence cannot be obtained you must provide a statement explaining why you are not able to secure such documentation.
Evidence can include:
While proving extreme hardship can be difficult, a Baltimore asylum attorney at our firm can advise you about how to best demonstrate and document the hardship.
If you are already living in the United States but fear you will be persecuted if you return to your home country based on your race, religion, nationality, political opinion, or social group, you may be eligible for asylum in the U.S. There are many distinct rules and requirements associated with asylum cases and we strongly advise that you consult with a knowledgeable Baltimore asylum attorney to assist you with your asylum case. The legal team at Miranda & Weisman understands the many challenges and difficulties associated with the asylum process and can help you prepare all forms and documentation necessary to support your case.
Individuals who have been granted asylum are generally eligible to apply for legal permanent residence status one year after the date on which they were granted asylum status. In certain instances, such individuals may have to submit a waiver application with their legal permanent resident status application.
For instance, if the asylee was deemed inadmissible to enter the United States because of certain activities, including the commission of a crime or using false documentation to enter the U.S., the asylee will need to submit a waiver application in conjunction with the adjustment of status application.
If you believe that you may need to apply for a waiver, you should seek the advice of a knowledgeable Baltimore asylum attorney. The legal team at Miranda & Weisman has a detailed understanding of the legal requirements and procedures associated with asylum and will guide you through each step of the process. Our firm offers free consultations and we can be reached at 410-321-4994, or online.