I601 & I601A Waivers Attorney in Phoenix

I601 & I601A Waivers Attorney in Phoenix

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Individuals who are undocumented immigrants or have overstayed their visa need to show that separation from their U.S. citizen spouse, children, or parents would cause them significant hardship to be eligible for the I601 Waiver. Filing any waiver requires a well-presented application. The Department of Homeland Security receives thousands each year, each with a unique story pleading for the right to stay in the U.S. Therefore, only the most persuasive and well-organized applications typically get approved.

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At Rose Law Group, we've successfully guided many immigrant families in preparing waiver applications, including the I601 Waivers for U.S. citizens' spouses facing removal. Contact us for a free consultation, and we'll help create a compelling waiver application for you and your loved one.

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What is an I601 Waiver?

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A 601 waiver, or Form I-601, is a request to overlook specific issues in your record that would usually prevent you from entering the U.S. Once approved, you're considered admissible. This waiver is often used for immigration violations like unlawful presence in the U.S. For example, if you've been in the U.S. for more than a year without legal status and then leave, you'll need a 601 waiver to apply for a green card at a U.S. embassy or consulate.

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It's also used for certain criminal convictions, especially crimes involving moral turpitude (like fraud or aggravated assault) and controlled substance offenses related to 30 grams or less of marijuana. Not all convictions require a 601 waiver, depending on your particular conviction or circumstances. It's best to have an experienced attorney review your immigration and criminal history to guide you.

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What Factors Count as Hardship?

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What counts as hardship factors to be eligible for a 601 waiver? Here are some situations that can qualify:

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• If your qualifying relative, who is helping with your case, has to leave the U.S. to join you
• If you or your relative needs ongoing medical treatment for a health condition
• If your home country is experiencing political unrest or war
• If you're the primary caregiver for someone with significant needs
• If you're the primary caregiver for your children
• If your education is interrupted or ended
• If you would lose substantial job opportunities

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These are some of the situations that can count as hardship factors, each one unique but all important in showing the challenges you face. The I601A waiver is a tool that can forgive illegal or unlawful presence in the United States. It can save an individual from waiting in their home country for three to ten years, which is usually required. 

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What's the Difference Between the I601 and I601A Waivers?

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The difference between the 601 and 601A waivers is that a 601 waiver is applied for when you're outside the U.S., while a 601A waiver is applied for within the U.S. The 601A waiver allows you to stay with your family during the processing period, which can take up to a year. However, you can only apply for a 601A waiver if you're not in active immigration court proceedings and the only issue is unlawful presence in the U.S.

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To get either waiver approved, you must show that your U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if the waiver isn't granted. This can be proven with medical, psychological, and financial records. Unfortunately, you can't apply for a waiver if you only have children who are U.S. citizens.

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Contact an I601 & I601A Waiver Attorney in Phoenix

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If you're in Phoenix, Arizona, and need help filling out Form I-601, contact an immigration attorney today. At Rose Law Group, we provide full legal support to ensure you meet all the USCIS requirements for these forms. We'll help guide you through every step of the process.

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Our team of dedicated and experienced immigration attorneys takes great pride in helping people achieve lawful permanent resident status. Contact us today and schedule a free consultation. We're ready to help you with your application.