Waiver - General Guide for Waivers & Resources

[Lady Hawk]

Overview of the I-601 Waiver including some frequently asked questions.

Waiver Notes by Foreign CIS Office as of August 22, 2007, by Laurel Scott
Includes estimated processing times for certain CIS offices, Special Filing Instructions, Likelyhood of Approval, Communication, etc.

Application for Waiver of Ground of Excludability
For an alien who is ineligible to enter the United States to apply for a waiver of excludability.
Download I-601

Application for Permission to Reapply for Admission into the United States After Deportation or Removal
Persons who wish to enter the United States legally after being deported, removed or who have voluntarily departed the U.S. without an order of deportation may reapply for admission to the United States, if they meet certain qualifications.
Download I-212

• See Department of State Classes of Aliens Ineligible to Receive Visas
• See U.S. Department of State Foreign Affairs Manual Moral Turpitude
• Examples of approved hardship letters
• Examples of denied hardship letters
• Resources for Waiver - HIV
• Attorney Chat:
  Laurel Scott - every Wednesday at 11:00 am Central Time.
  http://www.visacentral.net/index.html
• Laurel Scott gives an Overview of I-601 Waivers and Extreme Hardship
• Complaints about Medical Exam in CDJ

Laurel Scott has some good information on her website at http://www.visacentral.net She also hosts live chats every wednesday at 11 am. Check her site for details.

Also see Laurel Scott's Chat Logs

Please also see immigrate2us.net Forums They specialize in waivers and letters of hardship.

You can also find other relevent information in the following posts so please read further for additional information that may assist you when filing a waiver.

[aussiewench]

MEMO REGARDING WAIVER OF INADMISSIBILITY
I-601 Waivers and Extreme Hardship: Strategies for Writing a Convincing Narrative for an Application for Waiver of Ground of Excludability
Laurel Scott Esq. and Elizabeth Cannon
Last Revised January 25, 2007

Under the Immigration and Nationality Act of 1996 are various provisions for I-601 Applications for Waiver of Ground of Excludability. This memo addresses the structure and content of a Application for Waiver of Ground of Excludability under INA § 212(a)(9)(B)(v), 212(h), and 212(i). It provides some information on the expectations of particular consular offices and adjudicators. It provides reference to case law applicable to a variety of waivers, spanning Matter of W, 9 I&N Dec. 1 (BIA 1960) to Matter of Recinas, 23 I&N Dec. 467 (BIA 2002). The memo also highlights the merits of various arguments often proffered in the argument of Extreme Hardship.
Court decisions addressing the I-601 waiver may change the existing law or create new law. Counsel are advised to independently confirm whether the law in their circuit or BIA decisions have changed existing law or precedent since the date of this memo.

What is an Application for Waiver of Ground of Excludability?

An Application for Waiver of Ground of Excludability is filed by an alien in the event that an alien has been denied admission to the United States. Different sections of INA § 212 allow for the application of a waiver of excludability. Waivers must establish that a qualifying relative will suffer “extreme hardship” if the alien is not admitted. The qualifying relative can vary slightly. Some waivers require it to be established that “the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien,” in the case of INA 212(a)(9)(B)(v) or “that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien,” in reference to INA 212(h)(1)(B). For the purposes of this advisory the Application for Waiver of Ground of Excludability will be referred to as an I-601.

Read more >>>>>

[Lady Hawk]

EXTREME HARDSHIP

A waiver of inadmissibility is dependent first upon a showing that the bar imposes an extreme hardship on a qualifying family member. Congress provided this waiver but limited its application. By such limitation it is evident that it did not intend that a waiver be granted merely due to the fact that a qualifying relationship existed. The key term in the provision is "extreme" and thus only in cases of real actual or prospective injury to the United States national or lawful permanent resident will the bar be removed. Common results of the bar, such as separation, financial difficulties, etc., in themselves are insufficient to warrant approval of an application unless combined with much more extreme impacts. Matter ofNgai.19 I&N Dec. 245. With this requirement in mind, furnish
documentary evidence proving that failure to receive the waiver requested will result in extreme hardship to your qualifying family member.

The following factors may be considered when compiling evidence of extreme hardship.
DO NOT BE LIMITED TO THESE ITEMS. SUBMIT ANY EVIDENCE YOU FEEL IS IMPORTANT.

a. HEALTH -Ongoing or specialized treatment requirements for a physical; or
mental condition; availability and quality of such treatment in the country to which removed; anticipated duration of the treatment; whether a condition is chronic or acute, or long or short-term.

b. FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).

c. EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.

d. PERSONAL CONSIDERATIONS - Close relatives in the United States and
country of removal; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.

e. SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.

f. Any other evidence which you believe may help you meet the burden of showing extreme hardship to your qualifying family member if this waiver request is not granted.


Source

[Lady Hawk]

UNCLASSIFIED
AMERICAN EMBASSY
ANKARA, TURKEY

NAME OF APPLICANT:

DATE AND PLACE OF BIRTH: SEX:

CITIZENSHIP OF APPLICANT:

PRESENT RESIDENCE OF APPLICANT:

SUPPORT ARRANGEMENTS OF APPLICANT:

NAMES, DATES AND PLACES OF BIRTH OF ALL CHILDREN, IF ANY:

WILL ABOVE NAMED CHILDREN ACCOMPANY APPLICANT TO THE UNITED STATES:

HISTORY OF APPLICANT'S PRIOR MARRIAGES, IF ANY [Include names of prior spouse(s) and date(s) of marriage(s) and date(s) of termination of prior marriage(s)]:

PRESENT FINANCIAL STATUS OF APPLICANT [Including financial arrangements between applicant and qualifying relative]:

CIRCUMSTENCES SURROUNDING CRIME(S), ACT(S) OR ACTIVITY ON WHICH EXCLUDABILITY IS BASED [Including date(s) of beginning and termination of such activit(ies)y] AND DETAILS CONCERNING ANY ALLEGED ESTENUATING CIRCUMSTENCES [In prostitute cases, show precise period(s) or 'practice' not just period covered by arrest and conviction records. Inquiry should not be made into housekeeping arrangements between applicant and spouse prior to their marriage unless clearly pertinent]:

DURATION AND EXTENT OF ALLEGED INFORMATION:

NATURE OF ALLEGED HARDSHIP TO CITIZEN OR RESIDENT ALIEN:

PLANS IF APPLICANT IS PERMITTED TO IMMIGRATE TO THE UNITED STATES:

PLANS IF APPLICANT IS NOT PERMITTED TO IMMIGRATE TO THE UNITED STATES:

DID APPLICANT'S SPOUSE SIGN A STATEMENT ACKNOWLEDGING THAT HIS/HER SPOUSE MIGHT NOT BE ABLE TO OBTAIN A VISA WHEN HE/SHE WAS ISSUED A VISA:

IF SO, WAS APPLICANT AWARE THAT HIS/HER SPOUSE SIGNED SUCH STATEMENT:

Source

[Lady Hawk]

Decision sustained in the case of Maria Teresa Garcia de Nunez April 01 2007. Application for Waiver of Grounds of Inadmissibility under section 212(a)(9)(B)(v) - VICTORY

See the court decision here