Under certain circumstances, a person may be deemed "inadmissible" to the United States and thus denied an immigrant visa or a certain immigration status. If this happens to you, all hope is not lost. You have a chance to have your admissibility re-assessed by the United States government. The way to do that is to fill out a form known as the i-601a waiver. Be aware, however, that the government receives a large quantity of these forms daily, so the chances of yours being accepted are slim unless you do everything correctly and keep a few basic tips in mind.
Pay the Fee in Full
In order to have your form processed, you must pay a filing fee of $585. Many people think they can wait to find out if the form was accepted or denied before they pay the fee, but the form won't even be assessed without the fee having been paid in full. Unfortunately, whether your request is accepted or denied, you must still pay this fee; it is not refundable. Make sure you pay it, and, with the stakes being so high and hard-earned money on the line, make sure you do everything else correctly as well.
The most common reason that a waiver is accepted is because the applicant can demonstrate that, should he or she be denied entry into the United States or removed from it, it would create extreme hardship for a family member, such as a child or spouse. Remember that the family member in question must be a United States citizen or a permanent resident; no others qualify.
Also keep in mind that you must demonstrate, meaning prove, the hardship would exist. Thus, simply explaining your circumstances is not enough. You must prove the hardship through some sort of documentation, such as tax forms showing that the family member in question is dependent upon your income for survival. If you have questions or concerns about how to prove hardship, then it's worth it to seek help from an immigration attorney. Paying for an attorney and getting the right help is always better than wasting time and money on a form that's likely to be denied.
Assess Your Chances
Unfortunately, there are certain factors that make it almost impossible for your waiver to be granted. These factors, known as "mitigating factors" include things like:
- Recorded immigration crimes
- Pending criminal charges or convictions
- A spouse who meets these conditions
If you have any of these factors present, then it is of the utmost importance that you seek help from an immigration attorney to determine whether or not it's even in your best interest to file for the waiver.Share