I-601 FRAUD WAIVER
You are an applicant for adjustment of status (green card), and USCIS found you inadmissible because of misrepresentation or fraud. (Scenario 1)
You an immigrant visa applicant outside the United States. You have had a visa interview with a consular officer, and during the interview, you were found inadmissible based on the ground of fraud and misrepresentation. (Scenario 2)
Q. So what is my next step?
A. An individual who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States must file I-601, Application for Waiver of Grounds of Inadmissibility, to seek a waiver of certain grounds of inadmissibility. That includes a waiver under INA 212(a)(6)(c) for Immigration Fraud or Misrepresentation.
Q. What is the purpose of a I-601 waiver?
A. The purpose of a I-601 waiver is to demonstrate that your U.S. citizen or lawful permanent resident qualifying relative would experience extreme hardship if you were denied admission.
Q. How does USCIS determine whether a qualifying relative (U.S. citizen or lawful permanent resident relative) would experience extreme hardship?
A. USCIS considers the following factors when determining extreme hardship:
1) Health. For example: Ongoing or specialized treatment required for a physical or mental condition, availability and quality of such treatment in the foreign country, anticipated duration of the treatment, chronic vs. acute or long vs. short-term care, and need for the applicant to assist with any physical or mental conditions;
2) Financial Consideration. For example: Future employability, loss due to sale of a home or business, termination of a professional practice, decline in standard of living, ability to recoup short-term losses, cost of extraordinary needs such as special education or training for children with special needs, and cost of care for family members (elderly and sick parents);
3) Education. For example: Loss of opportunity for higher education, lower quality or limited scope of education options, disruption of current program, requirement to be educated in a foreign language or culture with ensuing loss of time or pay level, availability of special requirements, such as training programs or internships in specific fields;
4) Personal Considerations. For example: Close relatives in the United States and their country of birth or citizenship, separation from spouse or children, ages of involved parties, length of residence and community ties in the United States; and
5) Special Factors. For example: Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; and lack of access to social institutions (official or unofficial) for support, guidance, or protection.
See Instructions for I-601 posted on www.uscis.gov.
Q. what evidence should be submitted with the application to establish extreme hardship?
A. In support of your I-601 application, you should provide evidence that establishes why you may qualify for a waiver of inadmissibility. In all cases, you must show that the approval of your application is warranted as a matter of discretion, with the favorable factors outweighing the unfavorable factors in your case.
Evidence of extreme hardship may include, but is not limited to:
1) Affidavits from the qualifying relative or other individual with personal knowledge of the claimed hardships;
2) Expert opinions;
3) Evidence of employment or business ties, such as payroll records or tax statements;
4) Evidence of monthly expenditures such as a mortgage, rental agreement, bills and invoices;
5) Other financial records supporting any claimed financial hardships;
6) Medical documentation and/or evaluations by medical professionals supporting any claimed medical hardships;
7) Records of membership in community organizations, volunteer confirmation, and evidence of cultural affiliations;
8) Birth, marriage, or adoption certificates supporting any claimed family ties;
9) Country-condition reports; and
10) Any other evidence you believe supports the claimed hardships.
See I-601 Instructions posted on www.uscis.gov.
Q. I am a VAWA self-petitioner, what evidence do I need to submit in addition to the above-mentioned list?
A. If you are a VAWA self-petitioner, you must submit any evidence that establishes a connection between the battery or extreme cruelty that is the basis for the VAWA claim and your removal or departure from the United States, reentries or attempted reentry into the United States, and unlawful return or attempted unlawful return.