I-601 Waiver and Success Story

A common misconception about immigration law is that if a person marries a United States Citizen spouse, they will either get citizenship or a green card without a problem.  In fact, the process is a lot more difficult, especially if there is an issue with unlawful presence and/or not having been inspected by an immigration officer at the border. 

Take the following scenario:

Brought here as a child, Brenda is now 25 years old.  She is from Mexico and has never had a United States visa of any kind.  She falls in love with a United States Citizen, John.  John and Brenda come to my office hoping to "fix" her papers.  Because her entry was not lawful and she has accumulated unlawful presence since turning the age of 18, she will have to return to Mexico to process a marriage-based green card application.  Herein lies the problem:  when she leaves the United States, she will be hit with a 10-yr bar.  There is a waiver for the bar (if there is only unlawful crossing), but the waiver requires John to prove that life without his wife is extreme hardship.  He also has to prove that relocating to Mexico is not an option for his family.

Extreme hardship can consist of medical reasons, financial reasons, emtional factors and a myriad of other issues that make living apart a hardship for the family.  "Hardship," under immigration law is more than normal pains of separation.  It can be a difficult standard to meet.


New procedures will be implemented this fall to the processing of waivers, but the need for waivers remains.  They are not easy.  If you or your spouse is in need of a waiver, it is best done through an attorney. 

Success Story:  I-601 granted today (9/5/2012) for a client waiting for 2 years in Mexico.  She will be glad to rejoin her husband and children in the United States.  The firm was retained this spring and many hours went into the preparation of her case along with a large stack of documents including:  medical records, letters, photos and more.  All of the hard work was certainly worth the effort.