Wilner & O'Reilly, APLC - Immigration Attorneys In California And Utah
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Problem Solved: Waivers Available to Spouse or Son/Daughter of a USC/LPR Who Can Demonstrate “Extreme Hardship” to Their Qualifying Relative(s)

Jane used a false name and visa at the time she entered the U.S. but later married David, a United States Citizen. During the adjustment of status interview, Jane admitted to the prior misrepresentation. The case was continued for further review and the interviewing officer requested that an Application for Waiver of Inadmissibility Grounds (Form I-601) be submitted.

601 Waivers are applications for forgiveness for previous immigration violations, such as using a false name on a visa or passport and are required when an alien is seeking entry. There are many other common immigration violations that form the grounds of inadmissibility such as unauthorized employment by an alien; entry without inspection; failure to attend removal proceeding without reasonable cause; fraudulent or willful misrepresentation of a material fact to procure a visa or other benefits, etc.

However, there are only two categories of persons eligible for 601 Waivers: 1) Spouse of a Lawful Permanent Resident or United States Citizen or 2) Son and/or Daughter of a LPR or USC. Moreover, a 601-Waiver is available only to those who can show that his/her denial of LPR status would result in "extreme hardship" to the USC/LPR spouse or parent. Mere separation from a family member, financial difficulties, loss of employment, cultural adjustment, inability to maintain one's standard of living, or to pursue a chose profession, in and of themselves, may not constitute extreme hardship. One must show that the qualifying relative would suffer extreme hardship over and above the normal economic and social disruptions involved in the removal of a family member.

In this case, Jane is the sole caretaker for her medically disabled husband David who has been diagnosed with Spinal Stinosis, a crippling arthritic condition that progressively gets worse with bone degeneration and ligament damage. He is currently unemployed as a result of this medical condition and the physician diagnosed him as being "totally disabled" which renders him unable to perform or return to his regular work. David would have to persuade the U.S. Citizenship and Immigration Services that denial of the Waiver Request would result in extreme hardship to him.

When filing an I-601 Waiver, certain evidence must be included to support the claim such as medical reports if the waiver is based on health conditions of a USC/LPR. In this case, copies of the Physician's Notes and Medical Records are essential as well as a statement from David detailing why the denial of Jane's application would result in "extreme hardship" to him. Other evidence may include financial statements, letters indicating good moral character, and any other evidence that may indicate traits of a law-abiding citizen.

If you think you may qualify for an I-601 Waiver, we encourage you to seek proper legal advice from an attorney with such experience.

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