In a consultation with an immigration attorney, I was told that the I-601 hardship waiver is not filed until I-485 is denied,

Asked over 2 years ago - Nutley, NJ

I was told to go ahead and file my I-485 along with the work authorization form, and to include all court records of my arrests and convictions along with my I-485. I was told that I would not have a problem with the I-485 nor the employment authorization. I was also told that we can't file a I-601 hardship waiver until I am denied the I-485 form at my green card appointment.

How accurate is this information? I am hesitant to include all my court records with the I-485, spend all that money, and end up with some complication later on.

Attorney answers (5)

  1. Eric M. Mark

    Pro

    Contributor Level 20

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    Answered . You should be hesitant to go through this process without hiring an attorney because you most likely will spend all that money, wait all that time and be denied. The waiver process is very complicated and difficult to do correctly. Waivers are not easily granted. Very few people who try to do it on their own are successful.
    An I-601 and I-485 may be filed concurrently if you are sure you need the waiver.

  2. Gintare Grigaite

    Contributor Level 18

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    Answered . If a determination is made that you may be inadmissible due to certain of your convictions, than you may file I-601 waiver concurrently with your I-485. Consequently, I would recommend you obtain a second opinion from an experienced immigration attorney.

    Contact immigration attorney Gintare Grigaite, Esq. at 646-407-2331. Answers on AVVO do not constitute legal... more
  3. Yolanda Navarrete

    Contributor Level 20

    Answered . If you have criminal convictions, you really should not do this alone. It is more expensive and time-consuming for an attorney to fix a mistake than to start from scratch.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  4. Steven Sahag Vosbikian

    Pro

    Contributor Level 15

    Answered . I agree with my colleagues. Many of the attorneys here are well versed with filing an succeeding on I-601 waivers of inadmissibility. I would recommend getting a second opinion by an experienced immigration attorney.

    VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry... more
  5. Javier E Morales

    Contributor Level 14

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    Answered . If any of your convictions make you inadmissible and can be waived then you can file the I-485 and I-601 concurrently (you would send the forms following the instructions on Form I-485). You need to seek the advice of a qualified Immigration Attorney in order to determine if the convictions make you inadmissible and if the I-601 waiver applies. Not every conviction or ground of inadmissibility can be waived.

    This response is not offered as legal advice, but is only a general informational response for public interest. No... more

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