601/601A for Immediate Relatives for Permanent Residents

Our office handles waivers to overcome numerous grounds of inadmissibility. These can include: removal from the US, crimes, unlawful presence and fraud.

Our office is dedicated to making the best waiver possible and we have a high approval rate. Please call (212)944 9420 for a free evaluation if you wish to apply for a waiver.

If a foreign national entered the US illegally but is the spouse or child of a US Citizen or permanent resident, it is still possible to obtain a green card. The process includes a provisional waiver. The provisional waiver allows the possibility to regularize status, obtain a green card (permanent residence) and complete all the paperwork in the US. The provisional waiver process requires a brief travel outside the US to interview at a US Consulate overseas, but it is usually about a three week stay overseas. While the long paperwork process is being done, the foreign national can wait in the US to have as minimal disruption as possible. The process is complicated and risky and an attorney is wholly advisable.

This process is a means for all those who entered illegally to obtain permanent residence if married to a US. Citizen or Permanent Resident

Applying for the paperwork for residence can be done while waiting for the waiver in the United States. If a foreign national is overseas and needs a waiver the form to file is the I601. US citizens or permanent residents' parents can also qualify as relatives for a waiver.

The Extreme Hardship Waiver

The legal basis for approval of the waiver is extreme hardship to the qualifying US Citizen or permanent resident relative thus for example: a US citizen spouse must prove he or she will suffer extreme hardship if the waiver were to be denied.

The United States Citizenship and Immigration Services considers several factors such as what hardship would the US Citizen or Permanent resident face from the separation:

  • Would face a long separation from the other spouse or children of the marriage
  • Are there any physical or mental conditions that would be affected by a separation?
  • A loss of attachment to communities and friends in the U.S. if he/she left the country
  • Care to parents
  • Would experience economic deprivation Or career loss as a result of the removal
  • Exposition to dangers or other conditions that do not exist in the U.S.
  • Could not receive proper medical treatments or proper hospital facilities

The Immigration Service must consider all factors by their cumulative effect. While an individual factor may not be extreme in itself, the aggregate of them must be considered to support proof of extreme hardship. The hardship to the U.S. citizen must also take into account the U.S. citizen's family ties in the U.S. such as absence from parents; the financial impact of the departure, significant health problems that can be provided for in the U.S., and are not available in the undocumented country.

Questions On I-601 Waivers? Trust An Experienced Immigration Lawyer With Answers.

At Oltarsh & Associates, P.C., we have a proven track record on waivers. We listen closely to our clients and care greatly about them; and when combined with our legal skills and abilities this is a great combination!

To get answers to your specific questions and speak directly with an attorney, schedule an initial consultation at 212-944-9420 toll free. You can also email us and we will respond promptly.