If you are a undocumented immigrant in the United States , you can return to this country only after having served a re-entry penalty ten years. However, if you are going through an extreme situation, you can return before the age of 10 with an I-601A waiver. This pardon may apply for certain reasons of inadmissibility.
This forgiveness is not granted to all people. It is reserved for cases where the expulsion or reentry ban of that individual would cause extreme hardship to a qualifying family member. To determine if you are qualified to apply for this pardon, it is necessary to understand how immigration authorities define these terms.
A qualifying relative would include a citizen or legal resident who is a spouse or parent, according to United States immigration laws.
The common effects of deportation – such as job loss, family uprooting, and even separation from parents of young children – are considered “typical hardships,” so they don’t qualify for approval of the I-601A waiver.
An extreme hardship (known in English as extreme hardship ) exists when deportation or restriction of entry to the United States would cause unusual harm or is beyond what would normally be expected. p >
USCIS categorizes extreme hardship into four levels that can qualify an individual for the 601A waiver.
Level one is the strongest and level four is the weakest. Generally, USCIS officers are looking for at least one level one argument or several low level arguments in order to guarantee forgiveness.
The following are examples of each level:
- Level One: The relative has a major medical issue and cannot safely travel abroad, making it necessary for the alien to stay in the United States to care for to your family member. Or the foreign country is in a state of active warfare.
- Level Two: the relative has a serious medical condition that makes moving abroad quite difficult, and needs the help of the foreigner. The foreign country is on the brink of a major political upheaval.
- Level three: The relative has a significant condition that makes it difficult for them to move outside the country. The foreign country of origin has an extremely poor economy.
- Level four: The relative would not be able to pay debts when moving abroad. The parents of the relative are elderly.
Call 1-866-66-VAMOS la Law Office of Valdez, Monarrez & San Miguel will help you review your case and know what the next steps to take are.
Pardon 601 for crimes or immigration fraud
The 601 waiver can also be used for inadmissibility based on criminal grounds. The following criminal grounds are considered by the United States Citizenship and Immigration Services office as acceptable for using this pardon:
- A crime involving moral character.
- Violation of a controlled substance is likely to be a simple offense or possession of 30 grams or less of marijuana.
- Two or more convictions, beyond the merely political, for which they give a total in sentences of five years or more.
- Commercialization of illegal vices whether or not they are related to prostitution.
- Certain foreigners involved in serious criminal activities who have claimed immunity from prosecution.
Immigration fraud can also be forgiven through a 601 waiver as long as the fraud is not classified as a “fraudulent marriage”.
In order to qualify for this waiver, the applicant must be a qualified United States citizen or the relative of a lawful permanent resident or petitioner would experience extreme hardship if admission is denied.