Many foreigners who have lived in the United States for over a year, without proper documentation, wind up facing the threat of possible deportation.
The battle with U.S. Immigration Law can be unpleasant and overwhelming. Applying for an I-601A Waiver can help foreigners who are immediate relatives to a United States Citizen avoid deportation and the 10-year ban.
Every case is different, having a dependent family member or U.S. born children may not meet the requirements for acquiring an I-601A Waiver, but there are other facts that can work in your favor.
It is important to note that securing an I-601A Waiver may not guarantee status for permanent legal residency.
Facts that May or May Not Help the Immigrant
Foreigners are deemed to be ineligible for an adjustment of immigration status, when applying for a visa or have resided in the U.S. for over a year with no legal documentation.
While ineligible individuals can be deported for illegal entry into the U.S., exceptions can be made.
If an individual’s visa application has been declined, or entry into the U.S. has been denied, or the individual has been an illegal in the country, he or she can apply for an I-601A Waiver, however, they must prove extreme hardship to become the legal recipient.
Being able to understand one’s eligibility for a petition relies on the way in which the USCIS determines such terms.
According to the U.S. Immigration Law, a citizen, parent or lawful spouse can be eligible for cases that may include an illegal presence in the United States of America.
Being able to provide solid evidence for loss of employment, displacement of family members, and disunion of young children from their parents may help the applicant.
A hardship may be regarded as extreme as long as it exceeds the normal expectations considered by the USCIS, when facing deportation from the United States.
Strong Arguments for Receiving a Waiver
- If a relative of the deportee has a serious medical problem that may not allow for safe travel upon return to a natal country and if medical care cannot be provided while there.
- If family members are solely dependent on deportee for financial, medical and emotional support.
- The foreigner’s country is in turmoil due to warfare.
- The foreigner’s life will be threatened upon return to their home country.
- The foreigner is in desperate need for asylum.
- If the foreigner is a victim of domestic abuse.
To get started fill out your Application for Grounds of Inadmissibility and pay the filing fee.
Regardless of how favorable your case is, there is no assurance that your I-601A Waiver will be granted.
Having an immigration lawyer will increase your chances for success if you are in need of legal assistance contact the Gambacorta Law Office for an appointment.
