my husband been in Mexico for 3 years and he has been denied his i-601 wavier, and we were told that we can applied for another i--601 wavier and i don't understand why he was denied if we have 3 kids together and we are married. I am in the U.S waiting on an decision from immigration.
The answer is yes - even if a prior waiver application is denied, the new waiver application can be approved. It depends on the reasons for the denial and the strength of the new application. When clients come to us with denials of applications they prepared on their own or with the help of another attorney, we help them identify the areas where the new application can be improved.
Depending on the date of the denial, one option might be to appeal the denial of the I-601.
Another option would be to file a new I-601 waiver application.
In order to determine the possible reasons for the denial of the waiver application, you would need to meet with an immigration attorney and go over the application that you submitted. The requirement is to show "extreme hardship" to the qualifying relatives.
I suggest that you consult with an immigration attorney about the case.
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To get an I-601 approved, you need a lot more than showing that the immigrant is married to a USC and has USC kids. The law requires the immigrant to prove that his spouse and kids would suffer extreme hardship in case he's not allowed back in the country. This is a high standard and it is not enough to say the hardship exists; you have to send in evidence to prove it.
Your second I-601 application might be approved if you produce more evidence than you did the first time to show extreme hardship. Otherwise, it will get denied again. Waivers are complicated, and I suggest you consult with and get the help of a reputable immigration attorney to help you with it. Good luck.
Having a U.S. citizen or lawful permanent resident spouse and children is not in itself enough to get an I-601 waiver. You have to show your U.S. citizen or lawful permanent resident spouse is suffering extreme hardship because you are unable to immigrate, and family separation itself is not considered extreme hardship. I do not know what information you provided to show hardship to yourself, but I usually recommend that people wanting to apply for waivers hire a good immigration lawyer to help them. Preparing a successful waiver application requires a lot of work and attention to detail. It is not something that most people have a lot of experience doing if they are not lawyers. So I suggest you arrange a consultation with a lawyer to go over in detail what your family circmustances are and what you have submitted in the past. The lawyer can explain to you whether it is worth going ahead with a new application and, if so, what additional information you should provide.
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Being married to a US citizen and having children is not enough to get an I-601 waiver approved. I'd strongly suggest you consider hiring an attorney with experience in these kinds of cases. You need to be very specific in both detailing the hardships and carefully choose your evidence.
That said, you can definitely get approved the second time if you file a second I-601 waiver. My firm handles such cases.
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