Certain foreign nationals may be required to file for a Form I-601 Application for Waiver of Ground of Inadmissibility when applying for immigrant visa at the U.S. Consulate abroad.  Immigrant visa is one of the processes for obtaining green card status in the United States.   An I-601 extreme hardship waiver is required, for example, when an applicant was unlawfully present in the United States for a certain period of time and now has a time bar from re-entering the United States; or has committed certain legal violations.  This is not an exhaustive list of examples.

There are many unanswered questions to the application process for I-601 extreme hardship waiver.  Consistent adjudication, handling and/or processing time, across all adjudication offices abroad for I-601 extreme hardship waiver are often being reviewed by the U.S. immigration branches in their efforts to improve the provision of such immigration service abroad and to promote family unification in the United States, while conforming with due diligence in executing and complying with the U.S. immigration law.

The following are some general information on I-601 extreme hardship waiver applications:

1. Who adjudicate the I-601 extreme hardship waiver applications?

The U.S. Citizenship and Immigration Services (USCIS) adjudicate the I-601 cases.  The USCIS is a government agency that oversees lawful immigration to and in the United States.  The USCIS is a branch of the U.S. Department of Homeland Security (DHS).  

2. Where do I submit the I-601 extreme hardship waivers to?

For applicants outside the United States, the I-601 extreme hardship waiver applications are submitted at their U.S. Consulate abroad (i.e. the consular section of the U.S. Embassy).  The U.S. Consulate reviews the I-601 filings for supporting documentation and then forward them to the appropriate USCIS Field Office.  The USCIS Field Office adjudicating the I-601 extreme hardship waiver application is located at the U.S. Embassy in the same or in another country.

Applicants residing in the United Kingdom must send in their I-601 extreme hardship waiver applications to:

Mailing Address – From the United States
USCIS Field Office – London (I-601)
Unit 8400, Box 26
FPO AE 09498-0026

Mailing Address – From Outside the United States
USCIS Field Office (I-601)
American Embassy (DHS/USCIS)
Post Office Box 2444
London W1A 5WT

Physical Address for Express Delivery
USCIS Field Office (I-601)
American Embassy (DHS/USCIS)
24 Grosvenor Square
London W1A 1AE

For applicants residing in European countries such as Denmark, Finland, Iceland, Republic of Ireland, Norway, and Sweden, their I-601 extreme waiver applications are forwarded by their applicable U.S. Consulates to the USCIS Field Office in London, United Kingdom, for adjudication.

3. Where are the I-601 extreme hardship waiver applications adjudicated?

For I-601 extreme hardship waivers filed with U.S. Consulates abroad, the USCIS Field Offices for I-601 waivers that are normally located abroad adjudicate them.

4. What documents should the applicants include in the I-601 extreme hardship waiver application package?

The London USCIS Field Office has provided, among other things, a checklist and guidance for their I-601 extreme hardship waiver application process. Applicants residing in the United Kingdom are recommended to submit their I-601 extreme waiver application with documentation in certain order. For further detailed instructions, please visit http://london.usembassy.gov/dhs/uscis/ivwaiver.html .

5. What is “extreme hardship”?

“Extreme hardship” to qualifying relatives (U.S. citizen or lawful permanent resident relative) in U.S. immigration law requires hardships beyond the normal and usual hardships resulted from family separation. In general, the umbrella factors of “extreme hardships” to “qualifying relative(s)” may include, but are not limited to, medical/health, occupation, education, religion, finance, etc.  An I-601 extreme hardship waiver application is adjudicated on a case-by-case and discretionary basis after considering all the circumstances of the case.

The U.S. immigration regulations have not defined the criteria of “extreme hardship” for I-601 extreme hardship waiver, and therefore, there are inconsistencies and lack of uniformity on the standards that would sufficiently constitute “extreme hardships” as well as the best materials to provide. Furthermore, the adjudication and grant of a waiver such as an I-601 waiver are inherently highly discretionary.

In general, applicants should consult with or seek help from a licensed and experienced U.S. immigration attorney in preparing “extreme hardship” package.

6. How do I check my case status?

For I-601 extreme hardship waiver applications being adjudicated by the London USCIS Field Office, the USCIS will notify the applicants with their I-601 receipt numbers which they can then use to track their case status at http://london.usembassy.gov/dhs/uscis/ivwaiver.html .

*********

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• USCIS Reaches 2017 H-1B Visa Cap/Quota
• New PERM Labor Certification Update: Supervised Recruitment
• P Work Visas Performing Artists and Entertainers
• Provisional Extreme Hardship Waiver is Not Yet in Effect

Recently, the U.S. Citizenship and Immigration Services (USCIS) is considering a proposal to expedite the adjudication, based on extraordinary circumstances, of I-601, Application or Waiver of Grounds of inadmissibility (“I-601 extreme hardship waiver”) filed by individuals outside the United States.

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need I-601 and/or other waivers, etc to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) the commission of certain crime, or even possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience within the U.S. immigration law. At present, the wait-time for an I-601 extreme hardship waiver varies widely between the immigration adjudication offices, from 6 months to 1 year. Certain adjudication offices can take several years to adjudicate an I-601 waiver while an extremely small number of adjudication offices may only take several days to several weeks. As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

Under the proposed expeditious adjudication policy, each expeditious request would be handled on a case-by-case, and discretionary basis. Since a strong desire to immigrate to the United States immediately would not be considered an “extraordinary circumstance”, it follows that extreme hardships from family separation would not by itself qualifies for the proposed expeditious handling of I-601.

The proposed “extraordinary circumstance” may apply if there is compelling and urgent, or time-sensitive reason necessitating the foreign national’s presence in the United States sooner than the regular I-601 extreme hardship processing time. For example, “extraordinary circumstance” may include, but are not limited to:

1. I-601 applicant’s urgent or critical medical reasons;
2. A (qualifying) family member in the United States has life-threatening medical condition necessitating immediate need of assistance from the I-601 applicant;
3. Urgent or critical circumstances such as terminal illness or death of a (qualifying) family member;
4. Vulnerable individual due to age or disability of the I-601 applicant or qualifying family member;
5. I-601 applicant is at risk of serious harm due to personal circumstances unrelated to the general safety conditions of those living in the applicant’s country;
6. It would be in the national interest of the United States to have the applicant in the United States (for example, applicant’s special skills, applicant’s urgent contribution is sought by the U.S. government entity); OR
7. Member of the Armed Forces of the United States:
(a) I-601 applicant’s qualifying member is a member of the military who is deployed or will soon be deployed; and
(b) I-601 applicant demonstrates compelling reasons (impact to the applicant, qualifying family member or their children) for expeditious adjudication of the I-601 extreme hardship waiver in light of the deployment.

The above and recently proposed policy on expeditious handling of I-601 extreme hardship waiver is currently under review by the USCIS and has not yet been adopted.

Please also visit http://tiyalaw.blogspot.com/2010/06/improvements-in-adjudication-standards.html and http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html .

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Provisional Extreme Hardship Waiver is Not Yet in Effect
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• U.S. Consular Instructions on Applications for I-601 Extreme Hardship Waiver in Certain European Countries. What are Extreme Hardships?
• New PERM Labor Certification Update: Supervised Recruitment
• TPS for Haiti Has Been Extended for an Additional 18 Months, Until January 22, 2013
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!

Recently, the U.S. Citizenship and Immigration Services (USCIS) is considering a proposal to expedite the adjudication, based on extraordinary circumstances, of I-601, Application or Waiver of Grounds of inadmissibility (“I-601 extreme hardship waiver”) filed by individuals outside the United States.

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need I-601 and/or other waivers, etc to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) the commission of certain crime, or even possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience within the U.S. immigration law. At present, the wait-time for an I-601 extreme hardship waiver varies widely between the immigration adjudication offices, from 6 months to 1 year. Certain adjudication offices can take several years to adjudicate an I-601 waiver while an extremely small number of adjudication offices may only take several days to several weeks. As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

Under the proposed expeditious adjudication policy, each expeditious request would be handled on a case-by-case, and discretionary basis. Since a strong desire to immigrate to the United States immediately would not be considered an “extraordinary circumstance”, it follows that extreme hardships from family separation would not by itself qualifies for the proposed expeditious handling of I-601.

The proposed “extraordinary circumstance” may apply if there is compelling and urgent, or time-sensitive reason necessitating the foreign national’s presence in the United States sooner than the regular I-601 extreme hardship processing time. For example, “extraordinary circumstance” may include, but are not limited to:

1. I-601 applicant’s urgent or critical medical reasons;
2. A (qualifying) family member in the United States has life-threatening medical condition necessitating immediate need of assistance from the I-601 applicant;
3. Urgent or critical circumstances such as terminal illness or death of a (qualifying) family member;
4. Vulnerable individual due to age or disability of the I-601 applicant or qualifying family member;
5. I-601 applicant is at risk of serious harm due to personal circumstances unrelated to the general safety conditions of those living in the applicant’s country;
6. It would be in the national interest of the United States to have the applicant in the United States (for example, applicant’s special skills, applicant’s urgent contribution is sought by the U.S. government entity); OR
7. Member of the Armed Forces of the United States:
(a) I-601 applicant’s qualifying member is a member of the military who is deployed or will soon be deployed; and
(b) I-601 applicant demonstrates compelling reasons (impact to the applicant, qualifying family member or their children) for expeditious adjudication of the I-601 extreme hardship waiver in light of the deployment.

The above and recently proposed policy on expeditious handling of I-601 extreme hardship waiver is currently under review by the USCIS and has not yet been adopted.

Please also visit http://tiyalaw.blogspot.com/2010/06/improvements-in-adjudication-standards.html and http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html .

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Provisional Extreme Hardship Waiver is Not Yet in Effect
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• U.S. Consular Instructions on Applications for I-601 Extreme Hardship Waiver in Certain European Countries. What are Extreme Hardships?
• New PERM Labor Certification Update: Supervised Recruitment
• TPS for Haiti Has Been Extended for an Additional 18 Months, Until January 22, 2013
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!

Recently, the U.S. Citizenship and Immigration Services (USCIS) is considering a proposal to expedite the adjudication, based on extraordinary circumstances, of I-601, Application or Waiver of Grounds of inadmissibility (“I-601 extreme hardship waiver”) filed by individuals outside the United States.

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need I-601 and/or other waivers, etc to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) the commission of certain crime, or even possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience within the U.S. immigration law. At present, the wait-time for an I-601 extreme hardship waiver varies widely between the immigration adjudication offices, from 6 months to 1 year. Certain adjudication offices can take several years to adjudicate an I-601 waiver while an extremely small number of adjudication offices may only take several days to several weeks. As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

Under the proposed expeditious adjudication policy, each expeditious request would be handled on a case-by-case, and discretionary basis. Since a strong desire to immigrate to the United States immediately would not be considered an “extraordinary circumstance”, it follows that extreme hardships from family separation would not by itself qualifies for the proposed expeditious handling of I-601.

The proposed “extraordinary circumstance” may apply if there is compelling and urgent, or time-sensitive reason necessitating the foreign national’s presence in the United States sooner than the regular I-601 extreme hardship processing time. For example, “extraordinary circumstance” may include, but are not limited to:

1. I-601 applicant’s urgent or critical medical reasons;
2. A (qualifying) family member in the United States has life-threatening medical condition necessitating immediate need of assistance from the I-601 applicant;
3. Urgent or critical circumstances such as terminal illness or death of a (qualifying) family member;
4. Vulnerable individual due to age or disability of the I-601 applicant or qualifying family member;
5. I-601 applicant is at risk of serious harm due to personal circumstances unrelated to the general safety conditions of those living in the applicant’s country;
6. It would be in the national interest of the United States to have the applicant in the United States (for example, applicant’s special skills, applicant’s urgent contribution is sought by the U.S. government entity); OR
7. Member of the Armed Forces of the United States:
(a) I-601 applicant’s qualifying member is a member of the military who is deployed or will soon be deployed; and
(b) I-601 applicant demonstrates compelling reasons (impact to the applicant, qualifying family member or their children) for expeditious adjudication of the I-601 extreme hardship waiver in light of the deployment.

The above and recently proposed policy on expeditious handling of I-601 extreme hardship waiver is currently under review by the USCIS and has not yet been adopted.

Please also visit http://tiyalaw.blogspot.com/2010/06/improvements-in-adjudication-standards.html and http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html .

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Proposal to Expedite I-601 Extreme Hardship Waiver is Currently Under Review!
• Provisional Extreme Hardship Waiver is Not Yet in Effect
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• U.S. Consular Instructions on Applications for I-601 Extreme Hardship Waiver in Certain European Countries. What are Extreme Hardships?
• New PERM Labor Certification Update: Supervised Recruitment
• TPS for Haiti Has Been Extended for an Additional 18 Months, Until January 22, 2013
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!