Understanding the TN Visa Application Process: Fees and Costs for Employers
Blog Understanding the TN Visa Application Process: Fees and Costs for Employers As an employer, navigating the intricacies of immigration…
Applicants for an I-601A waiver must establish that their grounds for inadmissibility are due to unlawful presence alone. Other requirements include:
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Unlawful presence means a person was in the United States after entering without inspection or overstaying a visa. A person may also be unlawfully present in the United States if they violated their status. This may happen if a student or visitor without authorization to work takes on a job in the United States, for example. Unlawful begins to accrue based on several factors so it is important to understand the impact of this ground of admissibility before filing a waiver.
Most I-601 and I-601A applicants, with a few exceptions, need a qualifying relative. This relative must be a United States citizen or permanent resident spouse or parent of the applicant. In limited circumstances, children can be qualifying relatives. One of the most difficult conditions of securing an I-601 or I-601A waiver is that applicants must demonstrate that their lack of presence in the United States will cause their U.S. citizen or resident family member “extreme hardship.” Alternatively, applicants must show that their qualifying relative would face extreme hardship upon relocation to their country of origin. Proving extreme hardship is a difficult task and requires documentation of social, economic, medical, psychological, and other factors to successfully reach the approval threshold.
Applying for an I-601 waiver requires filing USCIS Form 1-601 and including all documentation, fees, and evidence required. To apply for an I-106A waiver, applicants will need to file USCIS Form 1-601A and include all required evidence and fees.
It is also important to submit any information proving that any past grounds of inadmissibility will not be a factor in the future. For example, if an applicant is inadmissible due to past criminal action, the petitioner will want to submit evidence that the case is resolved and they have reformed.
Applying for a waiver when you have been found inadmissible is stressful and challenging, but an immigration attorney may be able to help. An attorney can ensure an applicant is applying for the correct waiver, reducing the risk of automatic denial. A qualified immigration attorney understands what immigration officials need to see and can help applicants identify which information will strengthen an application.
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Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
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