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What exactly does a immigration lawyer do when filing a I 601 waiver for his client?

San Diego, CA |

If I pay an attorney to file my I - 601 waiver , does he represent me before some immigration court or hearing officer ? Or is he just filing the necessary documents and then they make a decision ? Do they call me and him in at some point during the process ?

Attorney Answers 3


  1. Best answer

    There aren't hearings or interviews involved with a 601 waiver, and the officer reviewing the waiver typically won't call you or the attorney. If you hire a lawyer, it will be for the work of preparing your waiver -- gathering all the necessary evidence and organizing it in a way to try to persuade the officer to grant the waiver. Waivers are difficult work, and an experienced immigration lawyer will know what kind of evidence officers are looking for and how to organize an argument to show that your waiver should be granted.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.


  2. We usually prepare affidavits and work with our clients to prepare 20-30 exhibits to show "extreme hardship" to the qualifying relatives.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. I-601 waivers in the consular processing setting will not involve an interview. If you are applying for adjustment of status in the U.S. with USCIS or before the Immigration Judge (because you are in removal proceedings), then yes you will have an interview/hearing. Even without an interview or hearing, waivers are quite difficult to win. It is not just a matter of filling out the form and submitting a few documents. I usually submit detailed declarations, psychological evaluations, medical records and other exhibits relating to hardship of statutory relatives, and a legal brief argument making the case why the waiver should be granted, both based on the facts and the law.

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