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601A/601 Waiver Attorney
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There are certain situations in which people who have been found inadmissible by the United States immigration courts can receive waivers, called 601A and 601 waivers. There are several valid reasons for a waiver to be issued, and you should have your situation reviewed by our Virginia immigration attorney at once if you are facing removal proceedings, your foreign spouse has been denied a green card due to some form of “inadmissibility.” Some may need to seek a waiver for a prior unlawful presence or have a final removal order or DHS order.
A 601 waiver can be sought to resolve this situation so that you can remain in the United States if your relative would suffer extreme hardship if you were forced to leave. The 601A waiver is a provisional unlawful presence waiver that allows you to remain in the country, but the application should be submitted immediately if you have been informed that you are subject to removal proceedings.
If you are not in removal proceedings and your case has been closed and has not yet been placed back on the calendar, you can seek a 601 waiver. If a visa has not been approved, a 601 waiver can be applied for so your relative can enter the country. If your spouse or other relative has been denied a visa, it is imperative that you contact our firm at once.
Waivers for Families
Families that have lived and worked in the United States for decades can suddenly come under the scrutiny of the immigration authorities, and face separation, with one or more family members deported to their home country. You may have married a foreign national, assuming that your spouse could easily gain legal status, only to have the spouse denied the ability to live and work in the United States due to some point that the authorities believe make him or her inadmissible.
At Fayad Law, P.C. we are dedicated to helping families stay together. We handle all immigration paperwork correctly to increase the chances of a positive outcome for our clients and their family members.
Extreme Hardship and 601 or 601A Waivers
The types of extreme hardship that could lead to a 601 or 601A waiver being issued include health issues, such as you or your family member requiring continual medical treatment or care. Financial hardship cases are also considered, as well as the personal hardships that will be suffered if the 601 or 601A waiver is not approved.
Other issues, such as education, could allow for a waiver to be issued, such as in cases in which you are currently involved in an educational program that if stopped, would have an extremely negative impact on your future earnings. Other issues such as language, religious beliefs, and similar matters could allow you to successfully gain a 601 waiver.
Contact Fayad Law, P.C. for more information about 601A/601A waivers.
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FAQs - FREQUENTLY ASKED QUESTIONS
There are dozens of different types of visas available under the provisions of the Immigration and Nationality Act (INA), but they can all be placed in one of two categories: immigrant and nonimmigrant visas. The former is for individuals who are hoping to establish permanent residency with a green card and perhaps even to pursue the path to naturalization and citizenship. The latter is for those who are only planning a temporary visit to the United States, such as for the purpose of conducting business or attending school.
The INA sets limits on the number of people who will be permitted to immigrate to the United States each year using certain types of visas, while other visas are unlimited. Family immigration visas for the immediate relatives of U.S. citizens are available on an unlimited basis, while there are annual quotas set for the relatives of lawful permanent residents and extended family of citizens, with a maximum quota of 480,000. The number of employment immigration visas is limited to 140,000 per year.
Pathways to citizenship include service in the United States military and adoption, but a large percentage of all people who become citizens do so through the process of naturalization. The basic qualifications for naturalization include:
- Living in the U.S. as a permanent resident for 5 years (or 3 years for a spouse of a U.S. citizen)
- Being at least 18 years of age
- Living within the state where you will apply for citizenship for at least 3 months prior to the application date
- Being physically present in this country for at least half of the past 5 years
- Maintaining continuous residence in this country from the date you submit your application for naturalization
- Being able to read, write and speak English
- Have a basic understanding of U.S. government and civics
It is also necessary to supply evidence that you are a person of good moral character and are attached to the principles of the U.S. Constitution. We can assist you with proving these factors, as well as preparing your petition and helping you get ready for the tests.
In June of 2012, the Obama Administration directed the Department of Homeland Security (DHS) to begin applying a policy that is referred to as Deferred Action for Childhood Arrivals (DACA). Under deferred action, DHS is exercising discretion in its execution of the laws concerning deportation and removal of immigrants who are illegally present in the United States. Deferred action is not a change to the existing law, but is instead a change in the way that the law is being applied. You may qualify for relief under DACA if you were younger than 31 years of age on June 15, 2012, came to the U.S. before your 16th birthday, have continuously resided in this country since June 15, 2007 and are either currently in school or have already graduated from high school or earned your general education development (GED) certificate, among other criteria. With deferred action, you may be able to avoid being deported, though it does not grant any change of immigration status.
In its review of immigrant visa petitions, the U.S. Citizenship & Immigration Services (USCIS) weighs factors related to the ties that the prospective immigrant has in the United States and the reasons why he or she wants or needs to come to live in this country. For example, a family immigration petition will not be approved unless the foreign national has immediate relatives such as a spouse, mother or father, child or sibling already living here as a citizen or green card holder. An employment immigration petition is more likely to receive approval if the applicant has a job offer in this country and is coming to fill a position that cannot reasonably be filled from the local labor market. A foreign national who is fleeing persecution in his or her home country may be granted an immigrant visa as a refugee or asylee.
There are many strategies for challenging a removal action. If the proposed deportation is based on a criminal conviction, it may be possible to appeal the conviction in order to have it overturned. Another option is to petition for cancellation of removal, a type of immigration relief which is available to people who are of good moral character and whose deportation would subject a family member who is a citizen or permanent resident to extreme hardship. The key to success in stopping deportation is to take immediate action by hiring a Virginia immigration attorney from our firm as soon as possible. Contact us now at Fayad Law, P.C. for a confidential consultation and to let us get started on your case!
Fayad Law, P.C. maintains offices in Richmond and Fairfax, Virginia. We work with individuals, families, and businesses across the world, providing them with assistance in resolving the legal issues involved with helping their loved ones and employees to immigrate to the United States. We work directly with foreign nationals living abroad, guiding them through the process of obtaining immigrant and nonimmigrant visas for entry to the U.S.