Tuesday, January 24, 2012

An Overview of I-601 Waivers and Extreme Hardship

Under the Immigration and Nationality Act of 1996 are various provisions for the I-601 Application for Waiver of Grounds of Inadmissibility, formerly titled Application for Waiver of Ground of Excludability. This memo addresses the structure and content of an Application for Waiver of Grounds of Inadmissibility under INA § 212(a)(9)(B)(v), 212(h), and 212(i).

Court decisions addressing the I-601 waiver may change the existing law or create new law. Counsel are advised to independently confirm whether the law in their circuit or BIA decisions have changed existing law or precedent since the date of this memo.

For the purposes of this memo the Application for Waiver of Grounds of Inadmissibility will be referred to as an I-601. The I-601 form may also be used for certain waivers that do not require a showing of extreme hardship to a qualifying relative, e.g. a waiver of the vaccination requirement. Waivers that do not require a showing of extreme hardship to a qualifying relative are not the subject of this memo.

Read more at http://www.scottimmigration.net/content/i601memo


cail said...

Theres a lot of people who wants to travel abroad and it is so hard to get your own visa but here with the help of US Immigration Services it will be easy for you.

Perez Malik said...

Immigrants may be deemed "inadmissible" for several reasons, such as overstaying one's visa or residing in the U.S. illegally for more than 180 days. The immigrant must prove in the I-601 waiver that the a relative will suffer "extreme hardship" if he or she is not admitted into the U.S. Speak to our Perez & Malik, PLLC expert immigration lawyers for more information. http://perezmalik.com

Anonymous said...

It is also worth noting that there is a proposal to allow for provisional waivers of inadmissibility for certain immediate relatives of U.S. citizens. However, the law has not yet been enacted and is still in the draft stage.

Phil said...

Foreign nationals who are temporarily in the U.S. may file and submit Form i765, Application for Employment Authorization to obtain an EAD. Each employment authorization document is issued for a specified period of time based on the foreign national immigration situation.

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