More Success Stories on 601 and 212 Waivers
Both 601 and 212 (Prior removal) Waivers Approved
Ms. K had a prior removal order at the border. She re-entered the U.S. few years later and married her U.S.-citizen husband. She filed for adjustment of status, but needed a 601 waiver and a 212 waiver. The couple prepared the waivers themselves, but immigration services requested stronger arguments and supporting documents. Our attorney was retained. He carefully prepared the necessary documents and the case was approved. The client's green card production was ordered about two months after we submitted the waiver package.
601 Waiver Granted
Lesson of this Story: Please do not listen to anyone who is not an attorney, even if they tell you that they can help you get legal status. Do not sign blank forms. If the individual tries to convince you to change background information, or advises you to submit tampered or fraudulent documents, you must get away from them. Also, if you are a victim of such individuals, report it to the appropriate legal authorities. You can help others from getting victimized.
Caution!
Two important issues need to be overcome before one can adjust status or obtain an immigrant visa: inadmissibility and deportability.
Each person who wants to gain legal permanent resident status has to meet certain eligibility requirements. However, previous immigration violations, health concerns, criminal history, possibility of becoming a public charge, and security issues may make one ineligible for adjustment of status. Depending on the basis for inadmissibility, certain waivers may be available.
However, waivers are discretionary. The immigration services or the immigration judges do not have to grant waivers because a qualifying relative or some "sympathetic element" to your case exists. For most waivers, you must demonstrate "extreme hardship" and compelling reasons. Many people mistakenly believe that a simple explanation with a waiver application is sufficient. We have seen cases denied where other attorneys just submitted waivers with a few letters from relatives and aliens.
You must understand that the Government believes that separation of family is not necessarily a compelling reason, and does not constitute "extreme hardship." Separation and emotional distress are expected. If you or your attorney are going to submit a simple letter stating that "I am going to be depressed when my spouse is removed," this is not likely to be approved. You may have just wasted the waiver application and the attorney fee. The argument to obtain the waiver must go beyond the emotions of the family members and must address the "moral character" of the applicant. When a foreign national has violated U.S. immigration and criminal laws, authorities may deny a waiver based on the perceived "bad moral character" of the applicant. Therefore, it is essential -- not optional -- that you submit a waiver with compelling reasons and supporting documents to evidence your arguments. You must consult with an immigration attorney who understands what is needed to prepare a strong waiver.
For a foreign national who is applying for adjustment of status, a waiver that is not approved means a removal proceeding is next. The denied waivers can be appealed. However, it is always easier and less costly to have the waiver approved in the beginning.
For a foreign national who is trying to immigrate into the United States, a waiver that is not approved means that he/she cannot come to the U.S. legally. Even if the waiver is appealed, this could still delay immigraton by several years. Waivers cannot be taken lightly.
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