Waivers
We have presented 3 and 10 year bar waivers all over the world in the course of my 20 years of practicing family immigration law. To date we have not failed to have a waiver approved for our clients. Timing varies by country, but keep in mind we are saving a great deal of time when compared to a 3 and 10 year wait/separation from your loved one. The majority of our waivers currently pass through the US Consulate in Ciudad Juarez Mexico. Roughly 90% of our waiver applications are approved at the conclusion of the non immigrant or immigrant visa interview, thus allowing the beneficiary to spend less than a week in Juarez. Of the 10% that are not approved during the interview process, the current wait time is 10 months for a final decision. Keep in mind that just because the case may not be approved "on the spot" does not mean an approval will not come down the road. The results mentioned above are not typical results and denials are prevalent in Juarez and around the world. If you would call us to discuss your situation, we can indentify your hardships and put a percentage chance of success of your situation.
If your spouse or fiancee entered the U.S. illegally, in order to become legal (obtain a Green Card) he or she will need to obtain a K1 fiancee visa or a CR1/IR1 spousal visa. Before they will be able to obtain a fiancee or spousal visa they will need to have a 601 Waiver approved. The 601 waiver is known as an "extreme hardship" waiver because we must prove extreme hardship before the waiver will be approved.
The potential hardships include but are not limited to the following:
- Health - ongoing or specialized treatment for a physical or mental condition.
- Financial - future employability, loss of home or business, decline in standard of living, etc.
- Education - loss of opportunity for higher education, etc.
- Personal - community ties, close relatives in the U.S. or in the illegal's home country who rely on the U.S. citizen for financial or emotional assistance, separation from spouse or children, etc.
- Special factors - valid fears of persecution or physical harm in the home country.
If you believe you can meet one or more of the above-listed hardships and can meet the requirements of the K1 fiancee visa or a CR1/IR1 spousal visa, please call us. We will ask you some questions and then determine if we think we can successfully obtain the 601 waiver and K visa for you. We do not charge for these calls.