Top reasons I601 and I601a waivers get approved - YouTube

Hi everyone this is Kaushik Ranchod here and today what we are going to talk

about is the i-601a and i-601 waiver. You are

going to want to stay tuned because you're going to want to learn

about if you're eligible for this, who's eligible for this type of waiver

and what it could do for you. So stay tuned watch

to then to learn all these things and we're gonna also share some success

stories of how we got cases approved.

Now let's dive into it now and answer some commonly asked questions

The first commonly asked question is why do i need

a i601 or i601a waiver? Well you may need an

i601 or i601a waiver because if you are not

eligible to get a green card because of something called a legal term of art

called ground of inadmissibility. For instance

if you've had some kind of fraud or

misrepresentation. If you had some kind of criminal issue

or if you've entered without inspections and i601 or i601A

waiver can help overcome that look at it sometimes people call it

colloquially as a pardon it basically forgives

the fact that you did these things because

of extreme hardship. We're going to talk about how to prove all of that in this

video some examples of that and what that means. So the i-601a waiver

is different than the i-601 waiver now and that's really important to note

because i-601-a waiver we can thank obama for this because

the i-601A waiver came to effect under his

leadership and what happened is

this form of waiver allows you to file for the waiver while you're in

the United States. And the great thing about that is that

you don't have to leave the United States to know whether or not this

waiver gets approved. Now the downside of this waiver is that

it only cures unlawful presence. So what that means is

if you have fraud or misrepresentation it doesn't

cure that it doesn't cure criminal grounds that

would make you ineligible to enter the United States.

Although if you do have some types of crimes and they don't make you

inadmissible then you may still be able to get a

i-601 a waiver so in that situation i highly recommend that you talk

to an immigration lawyer when you're filing the i-601a waiver.

The next question you might have is who can file these types of cases?

So if you're abroad and you're on a k visa

and you're found to be inadmissible for certain types of issues

you may qualify you also the most common people who qualify are

spouses if you have a US citizen spouse or a lawful permanent resident spouse or

you have a US citizen or lawful permanent resident parent

those are the most common types of people

who qualify. And that's the basic form of qualification and then of course

you have to show extreme hardship so there are other factors for different

types of waivers those are the basic requirements

and those are the foundational requirements of certain types of people

who the most common types of people who qualify

If you think you might qualify i would

highly recommend you talk to an immigration lawyer to see

all of your options or watch some more of our videos because we have a lot of

videos on these types of waivers because our

goal is to help you stay informed here. Now we're going to go into the nuts

and bolts and talk about what makes the successful waiver because this

application is not just filing a form.

It's much more than that you have to show extreme hardship

because the government finds that mere separation

Does not constitute extreme hardship. Now i know for me and

you if we're separated from our loved ones

our spouse that's hardship. But not in immigration terms. You have to

show extreme hardship. So let's talk about

what is extreme hardship how do you demonstrate extreme hardship because i

want you to be informed. I want you to know

how to prove extreme hardship so you can have the best case possible when

you present it to USCIS. Because you want to get this right the first time

because otherwise you are going to have significant

delays if you have to reapply so you want to get it right the first time.

Now an important note here also is that with US citizen children

they do not qualify for a qualifying relative for extreme

hardship but we can look at the children for i-601a waiver and also

in certain types of i601 waivers we incorporate the hardships of the

children to demonstrate hardship to the

qualifying relative as something that does affect that

qualifying relative like the spouse or the parent of that child

but it's not something that directly qualifies.

So we like to put throw in the kitchen sink and put everything in there

of course make it cohesive and create a whole story out of the whole situation

to explain your personal story and how it demonstrates extreme hardship

but children in and of itself in most cases

don't qualify as a qualifying relative. So let's look at

what the actual forms of extreme hardship are.

One form of hardship is psychological trauma

so if the us citizen or permanent resident

who is that qualifying relative and it's really important to note that they

don't take into account the applicant the

beneficiary of the application the immigrant

they only look at the US citizen or lawful permanent resident so who

qualifies? well is the us citizen or lawful

permanent resident that's who they're going to

look at to evaluate the hardship that qualifying relative.

So psychological trauma if you have had a history of psychological issues.

If you've seen a therapist that's really important to incorporate into

your application to discuss that how that psychological trauma

constitutes extreme hardship. As well as that is emotional trauma how are you

emotionally going to be affected now in both of these situations what we

like to show is you have to document this emotional

you have to document the psychological trauma

it's not near merely enough to just say

oh i have psychological trauma i have emotional trauma.

They're gonna just say oh that's just mere separation. So providing a

psychological evaluation does help to validify whether or not you

really indeed do have psychological trauma had to have

have had psychological trauma in the past.

So again it's in this argument that you make everything

needs to be backed up with extensive documentation.

You can't just say oh yeah i'm gonna have psychological trauma i'm gonna

be really upset with my spouse. No that's not enough you want to really

have that documented with a psychological evaluation if you've

had a history of seeing a therapist include that because that's really

important of how this extreme hardship is going to

affect you. Another important form of hardship

is financial or economic hardship. If you're going to lose your

job if you're not going to be able to go to school

if you are going to lose your home if you're not going to be able to

pay back student loans those are all real important factors to

incorporate into demonstrating extreme hardship.

Another important factor and this is an extremely important factor is health

conditions. If the home country let's say the home

country is Mexico your home country of Mexico if your US

citizen spouse went to mexico and they are not going to

be able to treat their health condition there because the standard of medical

care is not sufficient to treat that medical

issue you've got to include it. Now how do you

include it? You need to provide medical documentation you need to

provide evidence that you actually have this medical condition

provide the medical records to substantiate exactly

what that hardship is. So an example of this is

for instance if uh you have cancer and you can't get

adequate treatment in Mexico for uh chemotherapy and whatnot and follow-up

treatments you want to back all of that up and

provide all of those medical records to demonstrate that.

One really important factor here is that it is

totality of the circumstances here we want to look at

all of the different factors it's not just one factor.

So you can provide all of the different reasons that apply to you

to demonstrate extreme hardship. So that's something really important to

note when you're talking about extreme hardship and

demonstrating an extreme hardship waiver case. Now i'm going to talk about

some success stories and explain to you in the context of the

success story what we did to get the case approved so you can see an

example of what kind of cases have been approved in the past to just

give you some context some idea of what does

get approved so you know in preparing your case

what types of things could help your type of case. So we're going to look at

in this situation a case from Guatemala that we got approved and in this

situation we used to tally the circumstances put in as

much information as possible to demonstrate the extreme

hardship so one of the factors that we included was

the country conditions of Guatemala how that US citizen

would be affected by going to Guatemala the unsafe

factors of a US citizen going and moving to Guatemala and having

their potential life be affected because they're a US

citizen. We also talked about the medical hardship and the situation

that a medical condition that they couldn't get adequate

treatment in Guatemala as well and there was also mental health issues

because that would uh come into play if they were separated.

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916-613-3553 if you have questions. Every case is unique so it's important to find out if your case

does qualify and just because the case got approved

before doesn't mean it would get approved now so

you need to learn the lay of the land now so

continue to check in here with us and stay informed because by staying

informed you're gonna be able to know

what you can do to improve the chances of your case.

Thank you stay amazing you're amazing for just

being here for learning trying to better yourself

and by bettering yourself you are bettering our country

because just by being a better human being that makes you a better person

and that makes you someone who is able to contribute

more thank you and have an amazing day