I-601A Waivers in Annandale

The Importance of An Immigration Attorney

If you are seeking to file an I-601A Waiver, you should make sure you are applying with the assistance of a licensed and experienced immigration attorney. The I-601A Waiver is a very complex application that requires extensive evidence to be submitted in order to be approved. A licensed and experienced immigration attorney will be able to assist you by preparing this waiver for you so that you have the best chance of obtaining approval.

The 3 Year and 10 Year Bar

If an individual resides In the United States without lawful immigration status, he or she may be subject to a 3 or 10 year bar of being allowed to re-enter the United States after their departure.

3 Year Bar

If an individual has been living without lawful status in the United States for a period of 1 year, they may be subjected to a 3-year waiting period before being eligible to apply for readmission into the U.S. This constitutes a 3-year bar.

10 Year Bar

If an individual has been living without lawful status in the United States for a period of time greater than 1 year, they may be subjected to a 10-year waiting period before being eligible to apply for readmission to the U.S. Many undocumented aliens are at risk of being separated from their families for either a 3-year or 10 year period. This often prevents them from traveling back to their country of origin to apply for a green card.

I-601A Waiver Eligibility and Requirements

Certain requirements must be met before an undocumented alien is eligible to apply for an I-601A Waiver. The list of criteria includes:

• Be physically present in the United States
• Being 17 years of age or older
• Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with the Department of State
• Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent
• Believe you are or will be inadmissible only because of a period of unlawful presence in the United States

Meeting the eligibility requirements for an I-601A Waiver is not guaranteed approval. It is important to take up your case with the guidance of a licensed immigration attorney and not rely on your individual knowledge and skills.

Benefit Of The I-601A Waiver

The I-601A waiver has the benefit of dramatically reducing the wait time in which an individual has to be separated from their family during the process of obtaining their permanent resident status.

Defining Extreme Hardship

Extreme hardship a legal term that refers to any hardship that is more severe than a normal hardship that a qualifying relative might endure from an extended separation from the applicant for the waiver. Factors that may be relevant in establishing extreme hardship include emotional and psychological trauma suffered from separation, loss of employment or educational opportunities, access to medical care, and other severe changes in the life of the qualifying family member resulting from the separation as well as conditions in the country to which the relative may have to move because of her inability to remain in the U.S. without the applicant.

Providing Evidence Of Extreme Hardship

When applying for an I-601A Waiver, evidence must be demonstrated that a qualifying relative would suffer from extreme hardship. A good case will include evidence of various types of hardship, such as medical, emotional, financial, and psychological hardship.

Evidence that can be submitted includes, but is certainly not limited to:

1. Medical records for the qualifying relative, confirming that he or she is suffering from a medical condition that requires treatment and care;
2. Psychological report for the qualifying relative, confirming that he or she would suffer significant psychological trauma in the event that they are separated from the applicant for the waiver;
3. Documents confirming finances, such as monthly expenses and the overall income of the qualifying relative and the applicant, which would show financial hardship if the applicant is not able to remain in the United States and provide their income
4. Affidavits from family and friends attesting to the hardship that the qualifying relative will face;
5. Country conditions information for the applicant’s country of origin, demonstrating what harm the applicant could endure if returned there, as well as demonstrating the significant change for the quality of life for the qualifying relative

It is important to note that each individual’s case is different and may require additional types of hardship evidence. It is very important to work with an experienced immigration attorney who will be able to assess your case and determine what the best possible evidence would be in your case to support a finding of extreme hardship.