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601 Waivers.

Updated: Apr 30, 2023

In previous blogs we explained the different types of waivers, such as the 212 waivers, and the 601A waivers. In today's blog we will be explaining what the 601 waivers consist of.

If you are a beneficiary of an immigrant visa, whether due to family ties, or for work reasons, know that the United States government may prevent you from entering the country, if you fall within one of the categories of inadmissibility. As I had mentioned previously, there are different types of forgiveness or waivers, and applying for the right one is a task that requires analysis and knowledge of the law.

The forgiveness or waiver of 601 can be requested by all those people who are inadmissible for health reasons, for having committed certain crimes, for having committed fraud during an immigration process, for having been a member of a totalitarian party, for having helped with the trafficking of persons within the United States, for being subject to a civil penalty, or for having remained within the United States illegally. Note that the 601 waiver is different from the 601A waiver. The first covers more categories than the second, but it is not exclusive, it means that if you need to apply for the forgiveness of category 601A you must do so as well.

Like the 601A waiver, it will be necessary to demonstrate the existence of a qualified relative who will suffer extreme suffering if you are denied entry to the country. This qualifying relative is a resident or citizen of the United States, who is the spouse or parents of the person requesting the pardon. This step is especially important, because if you do not have that link with the qualified relative, or he/she is not a resident or citizen of the States, you will not be able to apply for the 601 waiver or pardon.

To demonstrate the extreme suffering or “extreme hardship” that your qualifying relative could suffer in the event that this waiver is not approved, USCIS takes into account, among other factors; the health of the family member, and what would be the impact on it of the absence of the petitioner of the pardon. USCIS will also look at financial reasons, how the person requesting the pardon contributes to the finances and payments of the house and the qualifying family member. Aspects such as education, length of residence in the country, community ties, work history, tax and debt payment history, and criminal record will also be taken into account. In the latter case, if you have a criminal record, it will be necessary to show that you are fully rehabilitated and have been inserted in the community in a favorable way.

Once this pardon has been granted, its validity is indefinite, even if your visa is not approved, or if you lose your status as a permanent resident.

Preparing a waiver or pardon is a delicate, long and strenuous process. The best advice I can give you is to hire someone who specializes in the matter, to handle these types of cases. In Y. Morejon Attorney, P.A. We can help you obtain your immigration waiver or pardon. Call us now and schedule your first free consultation, where we will evaluate your case, without having to pay a penny. Our firm is committed to helping the immigrant community in their pursuit of the American dream. In Y. Morejon Attorney, P.A. your problem is our problem.

Legal Disclaimer

Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.

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