I-601A Waiver Attorney

What to look out for if you are seeking a waiver.

During a consular interview for an I-601A waiver, several factors can potentially lead to a denial of the waiver. These factors may include:

1. Ineligibility for Immigrant Visa: If the individual is found to be ineligible for an immigrant visa or is deemed inadmissible for reasons other than unlawful presence, they may be denied the I-601A waiver.
2. Insufficient Evidence of Extreme Hardship: The applicant must demonstrate that their qualifying relative (U.S. citizen or permanent resident spouse or parent) would suffer extreme hardship if the waiver is denied. If the evidence submitted is deemed insufficient to establish the level of hardship required, the waiver may be denied.
3. Lack of Eligible Family Relationship: If the applicant fails to establish the required qualifying family relationship with a U.S. citizen or permanent resident spouse or parent, their waiver may be denied.
4. Misrepresentation or Fraud: Any instance of misrepresentation or fraud in the application process can result in a denial. It is crucial to provide truthful and accurate information throughout the process.
5. Criminal History: Certain criminal offenses or convictions can lead to inadmissibility and subsequent denial of the waiver. The severity and nature of the criminal history will be considered during the evaluation.
6. Failure to Meet Documentation Requirements: If the applicant fails to provide the necessary supporting documentation or fails to meet the filing requirements, the waiver may be denied.
7. Failure to Appear at Consular Interview: If the applicant does not appear for the consular interview or fails to comply with the necessary procedures, the waiver may be denied.

It is important to understand that each case is evaluated individually, and the decision to deny an I-601A waiver will depend on the specific circumstances of the case. Consulting with an immigration attorney or an accredited representative can provide valuable assistance in understanding the requirements, preparing the necessary documentation, and presenting a compelling case to maximize the chances of a successful waiver approval.