How Form I-601 Works in Cases Involving Fraud or Misrepresentation
The I-601 waiver is only available to certain qualifying individuals that have close relatives in the United States. If the waiver is granted, the recipient will be permitted to reenter the United States and obtain the immigration benefit they were seeking before being ruled inadmissible. If they are already inside the United States, the waiver will permit their underlying application to be approved if they otherwise qualify.
To be eligible for the I-601 fraud/misrepresentation waiver, petitioners must have an immediate relative that is a U.S. citizen or lawful permanent resident – a parent or spouse. A child does not qualify. Certain exceptions apply to VAWA self-petitioners. You must demonstrate that this U.S. citizen or lawful permanent resident immediate relative will suffer “extreme hardship” if you are removed and/or are not able to return to the United States.
How Is Extreme Hardship Determined?
When determining whether someone will suffer “extreme hardship,” USCIS will evaluate anticipated impacts to their:
- General Well-Being
- Any Other Relevant Element
In other words, you must convince USCIS that the consequences that the U.S. citizen or lawful permanent resident will suffer from in your absence warrant overlooking your fraud or misrepresentation. You will need to provide ample supporting evidence and a compelling argument to support your claims of extreme hardship.
What Is the Processing Time for Form I-601?
You should also expect to wait after submitting Form I-601. Many applicants wait a long duration for a decision from USCIS, but processing times vary. If the waiver is granted, it will remain in effect indefinitely, and you will be able to obtain the immigration benefit you need to reenter or remain with your U.S. citizen or lawful permanent resident immediate relative.
Persuasively proving “extreme hardship” is often difficult, but our team at Sarpa Law can help. Our Portland fraud waiver lawyer can prepare Form I-601 and advise how best to frame your case. We are committed to helping you continue your immigration journey and will pursue every option that allows you to remain in the United States with your family.