I-601 Waiver Advice and Tips

[Traci - Andrew 14]

Hi

I thought I would share this post from another forum, the author is an immigration attorney called Laurel Scott, I have found that she produces some very sound advice and helps by publishing documents to help others through this I-601 maze..

Anyway I thought I would give Laurel the praise for any of her work I reproduce on this forum as I do not want to be accused of copying or taking credit for her work. (especially as she is a lawyer)

Do not use these words in your waiver packet

Words that should not appear in your waiver packet either in your letter or letters written on your behalf:

forced

When you say that if the waiver is denied, you will be "forced" to go abroad, or decide between spouse and country, etc., it begs the question "who is forcing you?" Presumably you mean the government is forcing you. Some adjudicators may be annoyed by the subtext, responding that it is your spouse's illegal actions that are "forcing" you to make tough decisions, not the government. There's no reason to get into this argument. Just don't use the word "forced" or variations of it.

hopes/dreams

There's case law that says the waiver was not intended to help people fulfill their hopes and dreams. This is about needs, not hopes and dreams. Realize that hopes, dreams, wants, likes and preferences are not 'needs'. The terms are too weak and when you use them, it instantly makes it seem that whatever argument you are making does not rise to the level of 'exteme hardship'.

sorry/apologize/regret

Unless you have criminal history, you should not be apologizing for your immigration violations. The vast majority of people who violate immigration law really aren't sorry; if you say you are sorry when you are not, it comes across as insincere. But it doesn't matter since the waiver is about extreme hardship to the qualifying relative and is not about remorse and rehabilitation on the part of the alien (except criminal waiver), so why open this can of worms?

fault

Unless there is an extremely clear-cut case of the immigration violation not being the fault of the alien (e.g. entered the US without inspection as an infant), do not try to blame anyone else for the violation. There's no reason to do that and most of the time it just makes the alien look unsympathetic, as though the alien is unwilling to take responsibility for his/her actions. It will rarely help you (except in extremely clear-cut cases) and is more likely to hurt you. The waiver is almost never about whose fault it is that the alien is inadmissible. It's about extreme hardship to the qualifying relative.

unjust/unfair/wrong

Don't get into an argument with the government about whether it is fair or just for your spouse to be inadmissible after violating immigration violations. It will not help you to get into this argument and may even hurt you because it looks like you do not take immigration laws seriously. Just don't get into it.

loose

This is the most commonly mis-spelled word in waiver applications. "Loose" means "not tight". "To lose" means "to be unsuccessful in retaining possession".

Also Laurel has written this very good document regarding an overview of the I-601 and Extreme Hardship Waivers > Laurel Scotts I-601 Overview

I hope you find this information helpful.

Regards

Andrew