Special case of immigration eligibility: extreme necessity (Immigrant Waiver)

Immigrant Waiver: A Special Case of Entry into the United States for Immigration Purposes (INP)

Reasons for inadmissibility

There are a wide range of reasons why a person may be found inadmissible to the US. The most common ones are as follows:

Criminal history;

Committed fraud in obtaining a US visa;
Periods of unlawful presence in the U.S. for more than 6 months in the past, which would condemn the applicant to a mandatory ban on entry into the U.S. for 3 to 10 years.
In some situations an exceptional leave to enter (waiver) may be granted. However, each case is unique, and often a detailed analysis is required to determine the reasons for the ban, the consular decision, whether the ban can be lifted and the chances of success of an entry clearance application.

Who may submit such an application?

If the applicant meets all the requirements for an immigrant visa or a K visa, but has been determined to be ineligible, he may file a Form I-601, or in other words, a petition for entry clearance. The applicant must be the spouse or son or daughter of a U.S. citizen or lawful permanent resident, and must prove that the entry ban creates an extreme hardship for the U.S. relative.

Proving Extreme Situation

To prove an “extreme situation,” the applicant must demonstrate that the relative (a U.S. citizen or legal permanent resident, married or co-parent) is in an unusually difficult situation, and his or her hardship exceeds that which would somehow accompany a restraining order in the ordinary course of business. The US Citizenship and Immigration Services considers that financial hardship, separation from family and friends, and the emotional distress caused by the severance of family and community ties are common outcomes of an entry ban. The standards of an ‘extreme situation’ are very difficult to meet, so it is very important to prepare carefully and document well the application for leave to enter on this basis.

What is the application process

The I-601 entry clearance application, along with supporting documentation, is submitted to the consular section of the embassy that issued the barring decision. The embassy sends the application to the appropriate U.S. Citizenship and Immigration Services office for review. If the application is rejected, an appeal can be made to the Division of Administrative Appeals.

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