Form I-601 Waivers of Inadmissibility
On June 4, 2012, the first of two major changes was implemented regarding the Filing of Form I-601, Application for Waiver of Grounds of Inadmissibility.
Applicants who apply for an immigrant visa at a U.S. Embassy or Consulate and who are subject to ground(s) of inadmissibility must now submit their Form I-601 waiver applications to a U.S. based lockbox facility instead of filing the Form I-601 at an international office.
This change will allow for streamlined processing of these waivers in addition to speeding up the processing times. The goal is to reunite families as quickly as possible. U.S. Citizenship & Immigration Services (USCIS) reports that the waivers will be adjudciated by trained officers at the Nebraska Service Center and the the processing goal for receiving decision on an application is three to six (3-6) months.
A Form I-601 waiver is required when an applicant is subject to a ground of inadmissibility. Some of the most common grounds are unlawful presence in the United States (usually by having an unlawful entry or overstaying a visa), the commission of certain criminal acts or the commission of fraud.
The applicant must show that his/her qualifying relative (U.S. citizen or lawful permanent resident spouse or parent) will be subject to extreme hardship if the applicant is not allowed to return to or remain in the United States.
Simply put, “extreme hardship” is defined as the greater than normal hardship that the qualifying relative will experience if the applicant is denied admission into the United States. In order to be successful, the applicant must show why the qualifying relative cannot move abroad and why the qualifying relative cannot simply live in the United States without the applicant. The hardship must be well documented. Keyser Law Firm has dedicated and experienced attorneys who can assist you through the waiver process and will work with you to create a strong and well documented hardship waiver.
For more information see the USCIS page on Centralized Filing and Adjudication for Form I-601.