I-601 Waiver

Lyndhurst I-601A Waiver Attorney

Guiding clients through the waiver process

Decorative Scales of JusticeCountless factors can impact one’s immigration status. Some can even deny admissibility or bar a person from entering the country. Even if a person is already here, an adjustment of status can be impacted by health issues, criminal history, security violations, and illegal entry. To convince the United States that an individual should be allowed to stay or enter, one may have to apply for an I-601A waiver. To become eligible for a waiver, a person will have to demonstrate extreme hardship on behalf of a spouse, parent, or immediate family member. If you are interested in learning more or have these legal issues regarding admissibility, contact the Law Offices of Salvatore A. Falletta, LLC.

What is The Basic Eligibility to File A Form I-601

You may be eligible to file a Form I-601 Waiver if your Green Card or other Immigration benefit is one of the following:

  • K-1 or K-2 nonimmigrant visa
  • K-3, K-4, or V nonimmigrant visa
  • Temporary Protected Status
  • Immigrant visa
  • Adjustment of status
  • Haitian Refugee Immigrant Fairness Act
  • Nicaraguan Adjustment and Central American Relief Act
  • Violence Against Women Act self-petition, or
  • Holder filing for adjustment of status who is inadmissible due to a ground that has not already been waived with a T nonimmigrant visa status.

It is important to note that falling under one of the above categories does not automatically make you eligible. There needs to be a waiver available in your category of inadmissibility.

Health and admissibility

Numerous health reasons can bar a person from entering the United States. If an individual suffers from a communicable disease or mental disorder, he or she may not be admissible. If a person has not received the proper vaccinations, it could impact their eligibility for being admissible as they are required for those applying for immigration visas. Some of the many vaccinations needed to enter or stay in the United States include:

  • Hepatitis A and B
  • Influenza
  • Measles
  • Meningococcal

Criminal pasts and admissibility

Of the many factors that can impact a person’s immigration status, an individual’s criminal history is one of the hardest to overcome. If a person has been convicted of a serious crime in the past (a crime of moral turpitude,) their application could be denied. Some of the many criminal matters that can deny admission include:

  • Homicide
  • Voluntary manslaughter
  • Rape
  • Domestic violence
  • Child abuse
  • Larceny
  • Drug crimes

Security violations and admissibility

Most people that go through the process of immigration are interviewed and go through background checks. When doing so, one of the things USCIS investigates is the individual’s connection to anyone or anything that could jeopardize the security of the nation. Whether you know it or not, if you have any connection to terrorism, espionage or a group of a dangerous ideology, you may be inadmissible to the United States. This is a difficult situation that calls for quality and experienced legal support.

Illegal entry and admissibility

Entering the United States or overstaying a temporary visa can seriously impact a person’s status. If you were in the U.S. illegally for a certain period of time and left voluntarily, you could face either a 3 or 10-year bar from entering again. You may be eligible for an I-601 waiver unless you were in the United States for too long.

How long is the processing time for an I-601 waiver?

“How long will it take to process my waiver?” is a significant question for many of our clients. This depends on several factors, including where you filed for the waiver and the difficulty level of your case. Certain offices of USCIS have more resources than others and the waiting time may vary. The difficulty level of your case can also delay processing. There may be a need for further research or a request for further evidence before they can decide on your situation.

How long would it take to process an I-601 waiver in the United States?

There are no posted processing times on the USCIS website, but generally speaking, people often wait 4-6 months before USCIS even starts assessing their waiver applications. If you believe that your case is taking too long, you can call USCIS directly to inquire about current processing times and you may even be able to provide your case number and ask for an update.

How long would it take to process an I-601 waiver in the United States?

There are no posted processing times on the USCIS website for waivers filed outside of the United States. Overseas USCIS office processing times will vary greatly. While some wait 6-12 months, other waiver processing times can last longer than a year. These processing times are always subject to change.

Contact an experienced Bergen County immigration law firm

Though immigration should proceed without issues, there are many factors that you must consider to protect your status and become a citizen. Having an attorney on your side is always important. Our firm understands how important this is to you and will guide you every step of the way. If you need an attorney that has over 20 years of experience guiding families through immigration waivers, contact Law Offices of Salvatore A. Falletta, LLC.