What is a waiver of grounds of inadmissibility?
What is a waiver of grounds of inadmissibility?
An I-601 Application for Waiver of Grounds of Inadmissibility allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence, or seek admission to the United States in a nonimmigrant status, if certain grounds of inadmissibility, circumstances, or conduct prevent them from …
How long does a waiver take to get approved?
4 to 6 months
What percentage of I-601 waivers are approved?
96.22%
What happens after I-601 is approved?
Once the waiver is approved by the USCIS, the applicant should receive a packet of information from the U.S. Embassy of her country of origin. This packet will generally be sent via DHL the day the consulate receives the I-601 approval notice from USCIS. This is generally 2-3 days after the USCIS approval.
Why would AI 601 waiver get denied?
The chances of your I-601 waiver application being denied might be higher if aggravating factors are present in your immigration, criminal, or other history. Aggravating factors include, but are not limited to, prior violations of immigration law, criminal charges, arrests, convictions, and marriage fraud.
What happens if my waiver is denied?
If USCIS denies your provisional waiver application, you may decide to abandon your immigrant visa application and do nothing at all.
Why was my fee waiver denied?
Common reasons why we deny fee waiver requests You did not provide evidence that: You are currently receiving a means-tested benefit; Your household income is at or below 150 percent of the Federal Poverty Guidelines; or. You are currently experiencing a financial hardship.
Can you appeal a waiver denial?
If USCIS denies a waiver application, the governing regulation may provide that the applicant may appeal the denial. The officer must specify in the decision letter if the applicant may: File an appeal. If the decision is appealable, the officer must give the applicant proper notice of the possibility to appeal; or.
What happens if a 601 waiver application is refused?
If your Form I-601 application is denied, you will receive a denial notice at the address you provided on your Form I-601 application. You may appeal the decision within 30 days by filing Form I-290B, Notice of Appeal or Motion. The denial notice will provide instructions for submitting Form I-290B.
How long to wait after I-601 waiver is approved?
approximately between 4 and 6 months
Can my immigrant visa still be denied if I have the i601a approval?
Even after the provisional waiver is granted by USCIS, however, the U.S. embassy or consulate could deny your immigrant visa and green card for reasons other than your unlawful presence. In such a case, unless you qualify and apply for an additional waiver, your immigrant visa will be denied.
What is the difference between I-601 and I-601A?
Although the two waivers are fairly similar, the main difference between them is the location of the applicant: Form I-601 is for those individuals who are outside the U.S., while Form I-601A is for those individuals who are inside the U.S. The process for the I-601A waiver is slightly different.
Why is my i-601A taking so long?
What are the I-601A processing times? There is a lot of variation in processing times for the I-601A provisional waiver. However, as of October 2020, it is common for I-601A waivers to be in process for longer than one year. This is likely due to the pandemic and slower overall processing by USCIS.
What is Form I-601 used for?
You can use Form I-601 to apply for a waiver if you have been found to be ineligible to enter the United States as an immigrant or to adjust status in the United States (and certain other visa categories) for specific grounds of inadmissibility.
Who is a qualifying relative for I-601?
To be eligible for an I-601 waiver, you must prove that your qualifying U.S. citizen or legal permanent resident relative will suffer extreme hardship due to your absence. A qualifying relative, under most types of I-601 waivers, is a spouse, parent, or child.
How can I prove extreme hardship immigration?
The legal requirements for proving extreme hardship are:
- You must have a “qualifying relative” who is a U.S. citizen or permanent resident.
- The USCIS considers extreme hardship to your qualifying relative, not to you.
- Your qualifying relative does not have to be the person who sponsored you for immigration.
Who is a qualifying relative for immigration?
You must have a “qualifying relative.” A qualifying relative could be a U.S. citizen or lawful permanent resident spouse, parent, son, daughter or even a US citizen fiancé(e), depending on the specific grounds of admissibility you are seeking to waive.
What is the I 212 waiver?
Form I-212 is a waiver request that allows such aliens to seek consent from the United States government to apply for lawful re-admission to the United States after having been deported or removed. The alien must file the I-212 waiver from outside of the United States and remain abroad for a continuous period of time.
How much does the I-212 cost?
How much does an I-212 waiver cost? The current cost to apply for an I-212 waiver is $930. If biometric services (discussed below) are required, there is an additional fee.
What is the processing time for I-212?
4 months
How long does a 212 waiver take?
The Filing Fee is $930. Unlike many other applications, USCIS does not have a consolidated Service Center, so the process is not efficient and can vary widely depending on where you are. In some places, your application could be approved in 3-6 months; in others, it might take over a year.
What is considered an extreme hardship?
Extreme hardship has been defined to mean hardship that is greater than what your relative would experience under normal circumstances if you were not allowed to come to or stay in the United States. There has to be something extra at play.
Can you apply for a visa after being deported?
Someone who has been removed (deported) from the United States cannot apply for a new immigrant visa, nonimmigrant visa, adjustment of status, or other admission to the United States without facing certain legal restrictions.
Can you become a citizen if you have been deported?
Once an immigrant has been removed (deported) from the United States, federal immigration laws make it very difficult for that person to return. The immigrant might be able to apply for a waiver of admissibility, allowing early return and receipt of an immigrant visa or green card (lawful permanent residence).
