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The following article was published in our article directory on November 5, 2014.
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What Happens if My I-601A Waiver Application is Denied?

Article Category: Advice

Author Name: Thomas J. Geygan, Jr.

If you are familiar with the immigration process in the United States, you are fully aware of just how stressful and frightening the process can be. The element of the unknown creates anxiety for most people seeking to live in the United States as lawful permanent residents. If you are a non-citizen individual who has been residing in the United States illegally (i.e., overstaying your visa, for example), you have the ability to apply for an I-601A provisional waiver that will "waive" your inadmissible status. This provisional waiver is new to United States immigration law and can provide a second chance for many individuals who are seeking removal and a bar to re-admission to the United States.

Most I-601A Provisional Waivers Are Granted

While there is never a guarantee that any application with United States Citizenship and Immigration Services (USCIS) will be granted, most applications for I-601A provisional waivers are granted. The likely reason for this is because residing in the United States unlawfully isn't a wrongdoing that directly harms the health and safety of the United States population. The United States is more concerned with individuals who have a criminal history, or who entered the United States by means of fraud or misrepresentation.

When the I-601A Provisional Waiver is Denied

Some applications for an I-601A provisional waiver are denied. Perhaps an applicant has additional problems and not just resided in the United States unlawfully for much longer than one year, or has left the country and returned to the United States without inspection on more than one occasion. Or, maybe an application was not completed accurately in accordance with United States immigration rules and procedures. Further, there may have been a lack of documentation demonstrating extreme hardship, as required for any I-601A provisional waiver.

Whatever the reason may be for denial, it can be devastating for any applicant seeking to live in the United States as a lawful permanent resident. Unfortunately, there is no appeal process when applications for I-601A provisional waivers are denied. The decision as to whether or not an application should be granted is subjective and discretionary. Further, there are so many applications that an appeal process would only slow down the process of reviewing I-601A provisional waiver applications.

What Are My Options if I Am Not Granted an I-601A Provisional Waiver?

While you can not appeal a decision by USCIS to deny your application for an I-601A provisional waiver, you have the ability to apply a second time. If you choose to apply a second time, you must demonstrate that you and your close United States citizen or lawful permanent resident relative (parent, spouse, unmarried children), fulfill the requirement of extreme hardship.

However, you should be aware that USCIS will be looking to see if your circumstances have changed for the worse from the first, denied application, to the second application. Extreme hardship may not have been adequately proven with the first application, but something has changed that would now qualify as extreme hardship.

In order to ensure you have completed the I-601A provisional waiver application completely and accurately, you should consult with an experienced immigration attorney who can walk you through the process and provide guidance as to the steps you must take in order to increase your chances of obtaining the I-601 provisional waiver.

Contact the Immigration Attorneys of Geygan & Geygan, Ltd. Today to Schedule a Free Consultation

If you or a loved one's I-601A provisional waiver application has been denied, it is imperative that you seek the advice of an immigration attorney as soon as possible. An immigration attorney can help you avoid the common mistakes that often result in a denial of an I-601A provisional waiver application. The immigration attorneys of Geygan & Geygan, Ltd. have helped hundreds of clients with their immigration needs. Our attorneys help clients formulate an individualized plan for residing in the United States lawfully. To find out if our attorneys may be able to help you, contact us today at 513-791-1673 to schedule a free consultation.

Keywords: immigration, waiver, I-601A, immigration lawyer, immigration attorney

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