I-601 Waiver: Green Card Through Marriage Process - How To Win Extreme Hardship Waiver For Spouse

Рет қаралды 18,885

4 жыл бұрын

This video discussed the I-601 waiver process. For many immigrant couples, winning an I-601 waiver, also known as a waiver of inadmissibility, this is a crucial stop in green card through marriage cases.
This video is produced by Batara Immigration Law, www.bataraimmigrationlaw.com.
If you're compelled to file this type of immigration waiver, it means your husband or wife has lived in the United States without permission for more than six months. Even if he or she qualifies for permanent residence, it will not be granted in the absence of hardship. But not just any level of hardship. Rather, an extreme hardship waiver for spouse must by granted by the government.
What does this mean?
First, the immigrant spouse must return home to be interview for their marriage green card.
Second, he or she may not be allowed to return automatically. This is why the filing of an application for an i-601a provisional waiver is mandatory. Without a victory, the immigrant will not be allowed to reenter lawfully to the U.S.
Further, the i-601 waiver requirements mean that the U.S. citizen spouse, or permanent resident spouse, must demonstrate that they will experience a high degree of suffering if the immigrant spouse is not allowed to return to the U.S. after the interview. This is known as extreme suffering. Anything less will not be sufficient for success.
This video provides eight tips for how to win an extreme hardship waiver. If all goes well, your unlawful presence will be forgiven.
IF YOU ARE AT THE PERMANENT RESIDENCE STAGE:
• Green Card Marriage - ...
As a side note, do not be confused with the differences between a 601 hardship waiver and its I-601a hardship counterpart. The forms are slightly different.
The distinction is this. The I-601 form is filed by an immigrant from abroad (usually because they are living in another country at the time of filing) The I-601A waiver application is filed when an immigrant is living in the United States.
In both instances, the rules for winning the unlawful presence waiver are generally the same. Thus, the insights provided in this video are applicable to both situations.
Good luck. May you pass the green card marriage process with flying colors and have your I-601 waiver approved by the government.
GREEN CARD MARRIAGE INTERVIEW TIPS:
If your green card through marriage interview is near, you do not want to miss out three-part series on interview questions:
Green Card Marriage Interview Questions, Part 1: • Your Green Card Marria...
Green Card Marriage Interview Questions, Part 2: • Your Green Card Marria...
Green Card Marriage Interview Questions, Part 3: • Your Green Card Marria...
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Пікірлер: 93

@jerryharris8284 2 жыл бұрын

Thank you sir. You are the first person that has been able to make a clear and precise explanation of exactly what is the correct procedure step by step. To begin the process of acquiring the waiver and how to be successful. Thank you.

@BataraImmigrationLaw Жыл бұрын

I'm glad that I was able to help you out. Good luck in your case (if you have one).

@angiegonzalez7365 3 жыл бұрын

The best video yet! Your an amazing lawyer

@BataraImmigrationLaw 3 жыл бұрын

Thank you. I wish you the best of luck and hopefully this information will help you.

@barryg.5224 Жыл бұрын

Thank you so much for this video, this is 1,000 times more insight & advice & information than our legal counsel has given us. This is invaluable, I cannot thank you enough.

@BataraImmigrationLaw Жыл бұрын

Thank you very much for the kind words.

@reynaesquivel5221 4 жыл бұрын

Thank you so much, for this video you make me cried, it helps a lot.

@BataraImmigrationLaw 4 жыл бұрын

Glad it helped! Good luck.

@mercedesgonzalez5407 4 жыл бұрын

thank you for your tips - in reality its the truth- tell nothing but the truth of hardship !!!!

@BataraImmigrationLaw 4 жыл бұрын

Yes, explain your story about how you will suffer without being able to stay together. But be organized with your presentation.

@girl-lp1mj 2 жыл бұрын

Your amazing thank you!

@BataraImmigrationLaw 2 жыл бұрын

You're so welcome!

@madoniajadusingh4646 Жыл бұрын

Thank you so much sir!

@BataraImmigrationLaw Жыл бұрын

Most welcome!

@AnaJessica0825 4 жыл бұрын

Wow. I wish we had attorneys like you in Oregon. My attorney did not explain any of this to me. He did not emphasize how important the content of this waiver is. He probably didn’t even read what I gave him prior to sending it in. I pray they approve my waiver! Thank you for your great advice!

@BataraImmigrationLaw 4 жыл бұрын

I wish you the best of luck!

@yvonneyvonne9917 3 жыл бұрын

@anavelasquez Please how did it go for you?

@torreseste8452 3 жыл бұрын

Did they approved your i601 waiver?

@AlejandraRodriguez-cd6pz 7 ай бұрын

Thanks Sir, God bless

@BataraImmigrationLaw Ай бұрын

I hope this information was helpful.

@jasminegeexo 3 жыл бұрын

Thank you for your video. Very informative. Would a hardship reason be considered paying student debt?

@BataraImmigrationLaw 3 жыл бұрын

Perhaps. But don't think about proving hardship as being dependent on one issue. It is far more complex.

@ninjaboo2864 4 жыл бұрын

Thank you Sir

@BataraImmigrationLaw 4 жыл бұрын

Most welcome

@lexichng 3 жыл бұрын

Thank you, this video has been of great help as my husband and I are trying to build our waiver. Very informative. My husband is from Ireland w a permanent residency, and I am from Mexico (the beneficiary). Since he is from an EU country and we have no family in the US, does that mean that we wouldn't have enough evidence of hardship?

@BataraImmigrationLaw 3 жыл бұрын

Not necessarily. The required hardship can be proven in many different types of situations.

@DaianyintheUS 2 жыл бұрын

Extremely necessary video! Thanks a lot, God bless you. Just one question that some people said in different ways is: who fill the form I - 601? The applicant will be the U.S. citizen seeking for waiver to the spouse, or the applicant on this form will be the beneficiary, seeking waiver for him or her self?

@BataraImmigrationLaw 2 жыл бұрын

The process is interest. The hardship that must be show is to the U.S. spouse. But the immigration waiver is for the immigrant.

@NawalNawal-qi4ep 4 жыл бұрын

Good morning your videos awesome, I appreciate it please I have question for my case I enter to USA by visa tourist, so I stayed 6 month and after I had my first extension for 6 month approved and after I asked for second extension 6 month and it had approved too and during last extension I get married with citizen so my question for interview if they will ask me why I m stayed all this period and why I extended my visa may be they will think I enter in USA to stay forever or they will think I was looking for someone to change my status of visa please help me what do you think

@BataraImmigrationLaw 4 жыл бұрын

I cannot answer your question without knowing more. In addition, I do not believe it is a wise idea to discuss your case in public.

@Sofia-cv9ow Жыл бұрын

Thanks a lot for good advice about waiver case it’s number one ☝️ in you tube I watched each attorneys video but your video is number one .You explained step by step by heart ❤️👍 good luck for everyone

@BataraImmigrationLaw Жыл бұрын

Thank you for the kind words.

@MimiPietrocola 2 ай бұрын

Great videos. I would like to see asylum cases if you will

@BataraImmigrationLaw Ай бұрын

I will work on a few.

@arica1230 3 жыл бұрын

Thank you for the video and your tips. Unluckily even using the tips ,giving a lot of evidence and telling our story, it didn't help. We got a letter for more additional evidence, even we did our best 😪 Now we are feeling lost and think that our case will be denied. This world is so unfair 😪

@BataraImmigrationLaw 3 жыл бұрын

Never assume the worst. If they asked for more evidence, then provide as much as you can and explain why you do not have the other types of evidence.

@arica1230 3 жыл бұрын

@@BataraImmigrationLaw Thank you so much for your advice. We will try our best. I wish we did find such a great lawyer like you when we were looking for one before doing our application. We did the whole process from the petition to waiver on our own, because we couldn't find anyone we could trust enough. It felt like everything was about making money and not really about to help. I don't know maybe this are your videos and the amazing explanations but from the first video I saw, I felt more trust to you, than to the lawyers we contacted. I'm sure you are a great lawyer and love your job. Your videos are helping a lot to understand. Thank you for making them.

@arica1230 2 жыл бұрын

I wanted just say one more time thank you 🙂 After a few more months, we got today finally a notification that my I601 waiver got approved 😁 So much frustrating and uncertain time has passed. We were really losing our last hope. Your videos and your advice helped so much. Thank you🙂 I can't wait to see my husband again🙂

@Sofia-cv9ow Жыл бұрын

@@arica1230 I am happy for you I hope my waiver going to be approving also You gave me hope God bless you.

@brosolution 4 жыл бұрын

I was charge with 212 in 2012 after that Igot in the us an i was leaving in the us for many years now im out of the states with no records my only record inadmissibility under 212 my wife fill the form I-130 and I-130a my questions once the uscis check the forms will they tell me what waivers do i need? O what do i need to do now? Btw great video im a new sub

@BataraImmigrationLaw 4 жыл бұрын

If you have only filed the I-130, USCIS does not specify any waivers at this stage. There are various waivers that might be applicable in your case. I suggest you pursue finding local counsel to go over what waivers, if any, apply to your situation.

@teresalomeli9579 3 жыл бұрын

So are you supposed to apply for waiver 601 before your recent interview and another country or after? I get so confused 😔

@BataraImmigrationLaw 3 жыл бұрын

If you need to apply for a waiver, preparation should begin as early as possible.

@johnassisi2769 2 жыл бұрын

Love to hire you.. love your insight..

@BataraImmigrationLaw 2 жыл бұрын

Hi, John. Thanks for your kind words. Best of luck in your future case.

@amendy77 4 жыл бұрын

How do me get into with you? I have been removed from the US and I have a spouse and it’s getting terrible in my household..I need help to do the waivers to rescue my family

@BataraImmigrationLaw 4 жыл бұрын

My information is posted at the end of each video.

@olusola.isamotu 4 жыл бұрын

Please who fill the I-160 form? Is it the United States citizen or the immigrant applicant?

@BataraImmigrationLaw 4 жыл бұрын

Do you mean the I-601? Don't think this is just another form. It requires a lot of evidence and both parties need to contribute. I suggest that you should not try to handle this without the help of professional counsel.

@Ihrto5 Жыл бұрын

So what your trying to say is apply before and bring it with approved or apply while you're in Juarez in hopes for it to be approved???

@BataraImmigrationLaw Жыл бұрын

It depends on where you are residing when you file.

@Ihrto5 Жыл бұрын

@@BataraImmigrationLaw I'm currently in the US

@lucianaruiz9359 Жыл бұрын

My spouse has been in the U.S since he was 8 years old he’s now 52 by the age of 12 he’s was adopted by a U.S citizen held a U .S passport from 2006 to 2016 it expired reapplied Sep 2021 on to be denied they are asking how he entered the U.S unfortunately he was a child and now both parents are decided. Could you please point me in the right direction on how to possibly fix this issue Thank you

@BataraImmigrationLaw Жыл бұрын

It is difficult to point in the right direction when so much about the case is unknown. I recommend that you call a lawyer near where you live to set up a complete discussion.

@lucianaruiz9359 Жыл бұрын

@@BataraImmigrationLaw thank you

@fatimamata2890 4 жыл бұрын

Mi husband had his interview December 10 and the i-130 was denied because he cross the border twice 2001 and 2004. So he has to pay for a penalty for 10 year. Can he qualify for the 160 forgiven?

@BataraImmigrationLaw 4 жыл бұрын

It depends. To assess your husband's situation is really a complicated analysis. You should reach out to a local attorney, experienced in 601 waivers, to go over his case in depth and figure out what, if any, chances he has. Good luck.

@renefernandez2066 2 жыл бұрын

My fiance's k1 visa interview got denied and they asked for more information and resubmit more evidence. I think they called this the green paper more evidence to see if it's bonifide. I had a question if this gets denied can I Go to Vietnam and marry her there and then apply for a spousal visa. Someone said I had to wait two years for this. I'm not sure let me know please thanks and God Bless.

@BataraImmigrationLaw 2 жыл бұрын

Why would you have to wait two years? I'm not sure what advice you were given and why you told such information. I recommend you seek out a local attorney to do things correctly and avoid another denial.

@renefernandez2066 2 жыл бұрын

@@BataraImmigrationLaw Praise the Lord she passed.

@franciscovazquez8849 4 жыл бұрын

How long the waver I-601 it take for be approve?

@BataraImmigrationLaw 4 жыл бұрын

There is no specific time frame, to the best of my knowledge.

@franciscovazquez8849 4 жыл бұрын

@@BataraImmigrationLaw I got my waiver denial now they say I am public charger so what I can do now ?

@kervinegervil885 4 жыл бұрын

Can the kids of the applicant is a qualifying relatives ? Please and thank you.

@ricardoplummer9785 4 жыл бұрын

So can you do a waiver how I get in contact with you guys

@BataraImmigrationLaw 4 жыл бұрын

Here is a link to contact my office: www.bataraimmigrationlaw.com/consultation

@krissyalbero3631 2 жыл бұрын

If my husband taking care his drug case possession and meanwhile he file this spouse visa does it this waiver applied for us hardship we been faraway for eachother my husband's and my son is in United's states im so lonely and super miss them 😩😩

@BataraImmigrationLaw 2 жыл бұрын

I cannot answer this question because a lot more information is required to better grasp his situation. In addition, I strongly advise you not to see legal advice in public. You should talk to a lawyer in private.

@navinsingh2372 4 жыл бұрын

Hello I'm Navin Singh from India I want one questions answer My fiancee is 25 year older then me so I didn't understand if officer they ask me Question about our age then what I need to say we both love each other and we want to spend whole life together please Help me

@BataraImmigrationLaw 4 жыл бұрын

Hi Navin: Just tell the truth. If you're both in love, then it should show in the evidence you present. Good luck.

@ninderinc 5 ай бұрын

My daughter sponsored me and my wife,during the interview at us consulate in Canada,officer refused me but approved my wife Green card,my case was misrepresentation happened in 1995,interviews happened in January of this year,do I qualify for 601 waiver.

@BataraImmigrationLaw Ай бұрын

Your question cannot be answered without more details. I recommend you do not discuss such matters in public. Instead, reach out to a local lawyer.

@dcordero1984 4 жыл бұрын

My husband was detained, denied bond due to possession of marijuana(3.32 grams) in 2004. Is there a way to dismiss that charge if the (immigration consequences)waiver of jury page was sign with a signature that was not his. All the other documents have his signature EXCEPT for that one, idk why.

@BataraImmigrationLaw 4 жыл бұрын

This is confusing. It sounds like you should reach out to a criminal defense lawyer.

@dcordero1984 4 жыл бұрын

@@BataraImmigrationLaw I did but the judge did not want to wait on a habeas corpus. Plus he said that supposedly a new thing came out about two weeks ago that if u have two DWI then you font qualify for cancelation of removal. He has his july2019 dwi pending still but the judge said he didnt care. So according to the attorney we only have the voluntary departure option. So my question is.... How long do u have to wait once you do departure to start possession, extreme hardship, and unlawful presence wavier??(he had been in U.S. almost 15years since last re-entry in 2005)

@BataraImmigrationLaw 4 жыл бұрын

I don't want to second-guess your attorney's position, especially without knowning more about your case. The questions you're asking me, it seems, your attorney could answer.

@dadkhodahamraz909 Жыл бұрын

Dear Sir; I am U.S green card holder, and my wife’s interview was conducted in U.S embassy abroad and after the interview the officer refused her visa. Because of misrepresentation and fraudulent as the interviewer stated . So now I am going to file I-601 waiver hopefully gets an approval.In case if the waiver is denied .will that hurt or Affects my U.S citizenship status or not . Looking to hear back from you , Thanks for the help and support.

@BataraImmigrationLaw Жыл бұрын

I wish you the best of luck.

@jamesojer4029 3 жыл бұрын

im a american citizen my wife philippina i have a son with my wife and he has american citizen ship, but cant get my wife to usa for i make 20.000 and need 26.500 a year, is there any way to get her there.

@BataraImmigrationLaw 3 жыл бұрын

To meet the affidavit of support requirements, more than just cash income counts. I suggest reaching out to a local immigration lawyer who can help you.