If denied an immigration i-601 wavier and applied for another i-601 wavier is there a chance he can get his green card

Asked over 1 year ago - Detroit, MI

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.

Attorney answers (8)

  1. Russell Reid Abrutyn

    Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered . 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.

    The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts... more
  2. Michael Hugh Carlin

    Contributor Level 19

    4

    Lawyers agree

    Answered . 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.

    Michael Carlin
    Immigration Attorney

    Law Office of Michael Carlin PLLC
    3365 Washtenaw Avenue, Suite 209
    Ann Arbor, Michigan 48104
    Phone: 734.369.3131
    Fax: 734.259.4801
    Website: mcarlinlaw.com Sitio en español: mcarlinlaw.com/es/
    Email: mike@mcarlinlaw.com
    Facebook: www.facebook.com/mcarlinlaw Twitter: twitter.com/mcarlinlaw

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  3. Irene Vaisman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . you have to show extreme hardship to yourself, the US citizen spouse. Just because you guys are married and have 3 kids, that is not hardship to CIS. You really need to flesh it out for them. I strongly encourage you to work with an attorney

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  4. Fernanda Nunes Hottle

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . 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.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client... more
  5. Christina Joan Murdoch

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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.

    Christina Murdoch
    Attorney
    Scott D. Pollock & Associates, P.C.
    105 W. Madison St., Suite 2200
    Chicago, IL 60602
    (312) 444-1940
    (312) 444-1950 (fax)
    cmurdoch@lawfirm1.com
    www.lawfirm1.com
    "Like" us on Facebook: www.facebook.com/sdpollock
    Follow us on Twitter: http://twitter.com/sdpollock

    Please visit our renovated website at www.lawfirm1.com, which allows client access to case status, enhanced information on services, and other convenient features.

  6. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . Only if he is successful when reapplying for the waiver.

    You really need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  7. Samuel Patrick Ouya Maina

    Contributor Level 19

    1

    Lawyer agrees

    Answered . He may still get his green card but you must demonstrate the requisite hardship. Properly documenting a waiver can be very complicated - you may wish to consult with an attorney if you do not have one already.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  8. Megan Viehe

    Contributor Level 11

    Answered . 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.

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,754 answers this week

3,316 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,754 answers this week

3,316 attorneys answering