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US Immigration law: I-601 Extreme Hardship Waiver - How to win your case | I-601 Waiver Case Guide - YouTube
Channel: Law Offices of Jacob J. Sapochnick
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If you've been living in the United States
illegally for over a year, or you've been
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deemed inadmissible by a consular officer
because you previously overstayed your visa,
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you may be subject to a 10-year bar. Even
if you marry a US citizen, you're not able
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to get your green card from inside the United
States. The only way to overcome that is by
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filing a waiver, an extreme hardship waiver,
also known as the I-601 waiver. And that's
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going to be the topic of this video. If you
want to know how to qualify for this waiver,
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and what you have to do to make sure you get
this waiver approved, stick around and watch
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this video. Hello, everybody, and welcome
back to our Immigration channel, where we
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teach you every single week about immigration,
immigration news updates, very important immigration
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topics to empower you with the knowledge you
need to be successful in your immigration
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journey. My name is Jacob Sapochnik, and I'm
an immigration attorney located in San Diego,
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California. In this video, we'll talk about
the I-601 Extreme Hardship Waiver, a very
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important waiver that will help you overcome
an overstay of visa or an inadmissibility
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charge by a visa officer at the US Embassy.
So, stick around to the end of the most important
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tips on how to win an I-601 waiver in 2020,
2021 as we're shifting away from this current
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administration. So, what is the I-601 waiver?
So, once again, if you've been living in the
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United States illegally for more than a year,
you're automatically barred for 10 years if
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you depart the US. In most cases, if you enter
the United States without inspection, even
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if you marry a US citizen, you're not able
to adjust your status inside the US. And therefore,
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you have to exit the US and face a US Embassy
consular officer for your visa interview.
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But the moment you leave the country, you'll
be automatically barred for 10 years. Therefore,
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you have to file a 601 waiver. This is a waiver
that is based on extreme hardship to your
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US citizen spouse. The petitioner, in this
case, the 601 waivers are based on the concept
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of extreme hardship to the US citizen spouse.
But what is extreme hardship? And I think
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a lot of our clients, a lot of our YouTube
viewers who are concerned with this topic
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have been sending the messages trying to understand
what this concept actually means. And if you
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stick to the end of this video, I'll go through
the different levels of hardship to make you
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understand what you have to do to win your
case. Immigration service essentially categorized
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extreme hardship into four levels, going from
one to four, where one is the strongest factor
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all the way through four, which is the weakest
factor when we determine what is extreme hardship
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client situation. So, let's go through those
factors. So, for a successful waiver, you
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should have at least a few level two arguments,
maybe a couple of level four arguments but
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definitely at least one level one argument
to have a strong 601 waiver case. So, let's
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talk about the level. So, level one typically
includes immediate relatives who are experiencing
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extreme medical conditions. These include
treatment that cannot be obtained only in
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the US to the point where they can actually
leave the US and travel to visit the immigrant.
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Also, sometimes, level one hardship arguments
can include information about the country
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of the immigrant, where there's maybe a state
of war, or an uprising, making it dangerous
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for the immigrant and the US citizen relative
to even be able to go visit or even live there.
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So, once again, level one is extreme, severe
medical condition or any other extreme conditions
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that we can show the government that it's
going to make it impossible for the US citizen
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to move or live abroad. Level two arguments,
these are economical factors, the impact of
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the departure of the immigrant going back
to his own country, whether the US citizen
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relative is going to be able to find a job
or be able to continue their career, and what's
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going to be the significant impact on them
leaving… the need to leave the US devastating
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their economical ability to sustain a family
or life overseas. The USCIS is going to look
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at the standard of living, the reduction in
the standard of living, if there's care for
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children, also the education if there are
any children in the relationship, and things
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like that. Also, what they're looking for
is whether the US citizen, spouse or relative,
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will be able to adjust to a new country without
being able to find a job or opportunity to
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earn a living. And those can be demonstrated
by country reports and things like that. So,
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it's a really good, and important point that
we always use when we do those waivers. Level
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three arguments, once again, are somehow connected
to medical but we focus more on the psychological
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impact of the separation, psychological impact
of moving to a different country, maybe prior
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trauma that the qualifying relative suffered,
they may be amplified by the possibility of
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leaving and uprooting themselves out of the
US. These can be obtained by psychological
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report evaluations, constant monitoring by
a psychologist. And again, those are very
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common ways to show the extreme hardship by
showing you the mental, the psychological
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impact on the qualifying relative, and in
the possibility of them needing to leave the
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US and living somewhere else. And again, at
that point, we can also add country conditions
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to show that it's going to be virtually impossible
for them to live there or adjust to life.
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And so, the combination of two and three are
very helpful when you try to win those waivers.
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Number four arguments, if we have a qualifying
relative, which is a parent, elderly parents,
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we can show that if the immigrant child has
to leave the country, then the parents won't
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be able to support themselves. This would
be a severe economical impact on the qualifying
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US citizen’s relative, and it's going to
create significant hardship for them to live
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alone in the US. Once again, this factor,
we add economical factors, the cost of living,
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not be able to work. And again, in any of
these levels, you can add country conditions
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and show how severe it is and where they're
supposed to go, and how impossible it is for
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them to actually live there and sustain family
life. Now, these are just examples of how
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we work with these different levels and how
we present the evidence in our cases. Keeping
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in mind what USCIS is looking for when they
evaluate those waivers. In this video, we're
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focusing on the 601 waiver, which is a general
waiver that typically cures overstay, and
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a few other things like misrepresentation.
There's also another waiver called I-601A,
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which was specifically limited to people who
only enter the United States unlawfully one
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time, and remain here unlawfully. And that's
a 601A waiver which we'll do another video
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and discuss that. So, once again, hopefully,
you found this video helpful. Let me know
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in the comments if you have any questions
about the 601 waiver, inadmissibility, or
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any questions relating to this waiver or any
other waiver. Once again, don't forget to
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subscribe to our channel. Give us a big like
to make sure that YouTube will share this
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video with more people just like you. Thanks
for watching, and I'll see you in our next
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video. Watch these two videos for more information
just like that.
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