We have presented 3 and 10 year bar waivers all over the world in the course of my 21 years of practicing family immigration law. 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.
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 I 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.
If your foreign spouse is in the U.S. illegally, he or she may not have to depart the U.S. and wait for months for a decision on the I-601 Extreme Hardship Waiver.
Now the illegal foreign spouse can remain in the U.S. until the USCIS either approves or denies the 601 waiver request. If the waiver is approved, the individual can remain in the U.S. until a day or two before the visa interview in his or her country. Then the illegal spouse will travel to their country, take a medical exam and have the visa interview. In most countries the visa is issued a day or two after the visa interview. Because the I-601 waiver will be approved before the foreign spouse departs the U.S., he or she will only have to stay outside of the U.S., away from their spouse and family, for a few days in most situations.
This new immigration policy only applies to illegal spouses who are currently in the U.S., who have only one violation of the U.S. border and who do not have more than a minimal criminal history.
At Lawrence R Holmes Immigration Attorney, we have filed and had approved over 100 I-601 waivers through many different countries. Our current approval rate for I-601 waivers is 90%.
If you are interested in your spouse becoming legal without having to leave you and your family for many months while waiting in his or her home country for a waiver that may never be approved, please call us. We will be glad to discuss your situation with you. We will ask you some questions and then tell you what we believe the chances of success with the I-601 waiver are for your situation. We do not charge for these calls.