A 601a waiver is a form that can help you get a green card without having to leave the United States. It has been available since 2013, but not all applicants are eligible.
This waiver is available to relatives of U.S. citizens or permanent residents, as well as diversity visa lottery winners. It can also be used by other immigrant visa applicants who are statutorily eligible for a waiver.
The 601a waiver is designed to help keep families together. This waiver allows foreign nationals to leave the United States and return to their home country to seek an immigrant visa through consular processing.
The process requires that the foreign national prove that denial of their admission into the United States would cause extreme hardship to their qualifying relative, which could be a U.S. citizen or lawful permanent resident spouse, parent, child, or fiance(e).
As you can see, eligibility requirements are very specific to each case. It is important to understand that this process can be lengthy, and it does not guarantee that your application for a green card will be approved.
Applicants should not apply for this type of waiver if they are inadmissible due to other grounds, such as commission of certain crimes or fraud, violation of U.S. immigration laws, having communicable health problems, or if they are likely to become public charges (needing government assistance).
A 601a waiver is a special form that applicants can file when they are inadmissible to the United States and want to get a status adjustment, immigrant visa, or some other benefit related to immigration. Generally, people who need this kind of waiver must have entered the country illegally.
To qualify for the waiver, you must show that an immediate family member who is a U.S. citizen or green card holder will suffer extreme hardships in your absence. This person must be your spouse or parent if you are unmarried.
It’s important to submit the right evidence as this will help USCIS Office in Dallas decide whether your case should be approved. It can include a list of financial expenses, a letter from a doctor, and more.
In addition, a qualifying relative must write a statement explaining the hardship they will experience if the applicant is denied the waiver. This will include explaining the importance of the applicant in their lives – personally, financially, and psychologically.
Proof of Hardship
In order to obtain a 601a waiver, you must prove that denial of your application would cause severe hardship to a qualifying relative. Generally, this is a US citizen or lawful permanent resident (“green card”) spouse or parent.
However, this is not a strict rule. In fact, many immigration cases are lost due to a lack of proof that hardship is truly extreme.
The standard for proof of extreme hardship is a preponderance of the evidence, meaning that you must show that more likely than not your qualifying relative will suffer extreme hardship if you are denied admission to the U.S.
The criteria for demonstrating hardship are based on a variety of factors, such as separation and relocation. Adjudicators will consider the severity of each factor and how it impacts a qualifying relative’s ability to function independently, among other things.
If you are a family member of a US citizen or lawful permanent resident (LPR), you may be eligible for a 601a waiver to remove the bar on entering the United States for three or ten years. However, the process for obtaining this type of waiver can be very complex and it’s recommended that you hire an experienced immigration attorney to ensure that your case is submitted correctly and that your paperwork meets all requirements.
In addition, it is important to provide your spouse and parents with evidence of their hardship as a result of you being inadmissible to the United States. For example, a statement from the spouse or parent explaining that the person will suffer extreme depression, anxiety, and financial difficulties if they have to return to their country of origin would be very helpful.
The processing of the I-601a waiver can take between 4 and 6 months, depending on how long it takes to receive approval. In some cases, the processing time can be shortened by getting the case expedited by a USCIS officer.