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I-601 (Unlawful Presence) Waivers

If you are a U.S. citizen or Legal Permanent Resident (LPR) who is married or engaged to an undocumented immigrant you may think you can easily legalize your spouse. However, this is a commonly believed myth. It can be extremely hard to legalize your loved one’s stay in the United States. When your loved one is labeled as “inadmissible”, you will have to go through many complicated steps to file for a green card. In certain situations, you will have to file an I-601 Application for Waiver of Grounds of Inadmissibility for your spouse. This will include filing an I-601 immigration form as well as proof of extreme hardship.

The “Extreme Hardship” Requirement

I–601 waivers may be granted for a variety of reasons, and apply to various types of entry visas. The condition for obtaining such a waiver is if the visa applicant can demonstrate that failure to grant the visa will result in an “extreme hardship” to the United States citizen or Lawful Permanent Resident (LPR) spouse or parent of an I–601 waiver applicant.

In order to prove extreme hardship, the requirements are extremely hard to meet. The applicant must take notice that the “hardship” is only regarding the United States citizen or the Lawful Permanent Resident holder. The hardship of the applicant is not taken into consideration. The waiver for the applicant must prove that the hardship on the spouse or parent will occur if the applicant is not granted admission to the US or that the spouse or parent will experience hardship when they are forced to follow their child or spouse to another place of residency. Further, the applicant must support the claim of hardship by documentary proof, or by a sufficiently detailed explanation of the purported hardship with adequate evidence to support the explanation.

Every case is different and has its own set of facts. Dealing with a I-601 waiver for your spouse or child can be extremely difficult and stressful so it is crucial to have an experienced I-601 immigration lawyer to help you through every step of the process. Our law office will be able to help you and your spouse or child figure out the application process and meet the proper requirements to help prove hardship in order to achieve positive outcomes. In addition, because the I–601 Waiver application is submitted at the United States Embassy or Consulate that is processing the application, an attorney’s help is especially critical in assisting I–601 applicants with the consular process.

Schedule a Consultation Today

At the Law Office of Gary J. Kim, we take great pride in the personalized attention we provide to each of our clients.  We understand how challenging the process can be, and we will work with you through every step to help you through. To schedule your free initial consultation, call us at (213) 427-6262 or contact us online.