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What is the I-601 immigration form?
USINFO | 2013-10-30 13:37
Q:My husband came here illegally and we have to file an I-601 immigration form. What is this? I am a U.S. citizen and we were married this year.
A:The I-601 is filed to request a pardon ("Waiver") for a something in your husband's past. Unless the thing in his past is pardoned (whether it be a crime or immigration offense), he is not eligible to get his green card. Speak to an attorney about assistance, because the actual Form I-601 is only about 2% of getting such a case approved. The biggest part of the case is proving extreme hardship, and knowing how to make the legal arguments and what to submit.
If he plans to remain in the U.S.A., while the application is pending, then you will have to file the Form I-601A, provisional waiver. The waiver is to "waive" your Husband's unlawful presence in the U.S.A. The burden is on the Applicant to demonstrate that his U.S. Citizen spouse will suffer from extreme hardship should they be forced to relocate to the loved ones country of origin and show how the U.S. Wife would suffer without her Husband in the U.S.A. This is a very tough burden to meet, and should seek a consult with an immigration attorney to make sure that Husband is even eligible for the program.
A:The I-601 is filed to request a pardon ("Waiver") for a something in your husband's past. Unless the thing in his past is pardoned (whether it be a crime or immigration offense), he is not eligible to get his green card. Speak to an attorney about assistance, because the actual Form I-601 is only about 2% of getting such a case approved. The biggest part of the case is proving extreme hardship, and knowing how to make the legal arguments and what to submit.
If he plans to remain in the U.S.A., while the application is pending, then you will have to file the Form I-601A, provisional waiver. The waiver is to "waive" your Husband's unlawful presence in the U.S.A. The burden is on the Applicant to demonstrate that his U.S. Citizen spouse will suffer from extreme hardship should they be forced to relocate to the loved ones country of origin and show how the U.S. Wife would suffer without her Husband in the U.S.A. This is a very tough burden to meet, and should seek a consult with an immigration attorney to make sure that Husband is even eligible for the program.
