Entered U.S. Illegally (601 & 601A Waivers)
We have presented 3 and 10 year bar waivers all over the world in the course of my 29 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 fiancée entered the U.S. illegally, in order to become legal (obtain a Green Card) he or she will need to obtain a K1 fiancée visa or a CR1/IR1 spousal visa. Before they will be able to obtain a fiancée or spousal visa they will need to have an I-601 waiver approved. The 601 waiver is known as an “extreme hardship” waiver because we must prove extreme hardship on the U.S. citizen petetioner 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 fiancée 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 the K-1 or CR1/IR1visa for you. We do not charge for these calls.
If your foreign spouse is currently in the U.S. and entered the U.S. illegally, he or she may not have to depart the U.S. and wait for months for a decision on the 1-601 Extreme Hardship Waiver.
Instead, we can file for an I-601A Extreme Hardship Waiver and your spouse can remain in the U.S. until the USCIS either approves or denies the waiver request.
If the 601A Waiver is approved, your spouse can remain in the U.S. until a few days before the visa interview in his or her country. Then your spouse will travel to his or her country, take a medical exam and have the visa interview. In most countries the visa is issued a few days after the visa interview. Because the 1-601A waiver will be approved before your foreign spouse departs the U.S., your spouse will only have to stay outside of the U.S., away from you and your family, for a few days in most situations.
The new immigration policy only applies to illegal spouses who are currently in the U.S., who have only one illegal entry and who do not have more than a minimal criminal history.
At Holmes & Ramos Immigration Attorney, our current approval rate for I-601A waivers is over 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-601A waiver are for your situation. We do not charge for these calls.