The I-601 A Waiver

In order to obtain the Permanent Resident Card, also known as a green card, the immigration authorities must consider that the applicant is admissible. If it is not, it is qualified as inadmissible and cannot become a resident, nor through what is known as a consular procedure after an interview in a consulate or Embassy of the United States or through an adjustment of status within the country. When a person is qualified as inadmissible, all is not lost. Sometimes it is possible to request this known as a Waiver.Waiver

People who have been illegally in the United States for more than 180 days have the punishment known as the three and the 10 years. It is what is technically known as inadmissibility by INA 212 (a) (9) (B) (v).

The waiver through I-601A, is a transitory law to the punishment law of 3 to 10 years, which provides undocumented close relatives of US citizens who wish to perform the procedure for legal permanent residence, carry out the request for forgiveness through I-601A and counter the law of punishment, the benefit is that the applicant can know if the application will be approved before leaving the United States. Which would substantially reduce the time he would be separated from his family while the process is being carried out.

This is a step after the family request and are some factors that are taken into account before seeing if you are eligible for it, as if only entered the country once (illegally) and no longer returned to leave, if they have a petition already approved in process, that is admissible and demonstrates that there would be extreme hardship or severe suffering if they were separated from their family if visa were not to be approved.

Immigration considers many criteria to determine the approval of your forgiveness or not and you must also provide concrete evidence to support it. What is taken into consideration are the following points:

  • Emotionally : You must tell the Officer, how it affects your life to be away from your relative, if you have the concept of a psychologist, this will help make the test more reliable.
  • Health : Do you suffer from a disease that limits you and therefore needs the help of your relative? If you have your medical history, you can attach it to the evidence.
  • Personal Considerations : If your relative is from a country different from yours or they are from the same country of origin and return, it would be culturally difficult for you, evidence the years you have been living in the United States, your property, your work, tell them that you already have a life made here and that would substantially affect your life in general.
  • Special Factors : Evidence how it would affect your relationship, relationship with your children, family relationships to have that important person away, if the country of origin is unsafe, gather notes from newspapers that evidence that situation.
  • Economically : Tell them how it would affect their financial life, having to hire someone to take their children to school, not having the financial help of their partner to settle the accounts, or the fact of responding for that person outside the country, etc. Explanations are important for requesting Forgiveness through I-601A.
  • Education : If among your plans was to study and could not continue the economic side, or because you no longer have time, having to supplant the responsibilities of your family member.

Each of these evidences can strengthen the process and possibly get the approval of forgiveness and the more evidence and more convincing is your argument the greater the chances of being able to continue to be approved for forgiveness and thus move each time closer to permanent residence.