What is the I-601 immigration form?

My husband came here illegally and we have to file an I-601 immigration form. What is this? I am a U.S. citizen and we were married this year.

Cedar Rapids, IA -

Attorney Answers (4)

Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY
Answered

Very important one. An inadmissibility waiver application. It can be found on www.uscis.gov in the "Forms" part of the site. There, you can also find instructions to the form and learn on your own pace what it is used for.

The information contained in this answer is provided for informational purposes only, and should not be construed... more
Jeff L. Khurgel

Jeff L. Khurgel

Immigration Attorney - Irvine, CA
Answered

The I-601 is filed to request a pardon ("Waiver") for a something in your husband's past. Unless the thing in his past is pardoned (whether it be a crime or immigration offense), he is not eligible to get his green card. Speak to an attorney about assistance, because the actual Form I-601 is only about 2% of getting such a case approved. The biggest part of the case is proving extreme hardship, and knowing how to make the legal arguments and what to submit. Best of luck.

Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-... more
Gunda Johanna Brost

Gunda Johanna Brost

Immigration Attorney - Cedar Falls, IA
Answered

The fact that you are asking this question to me means that you need to have an immigration attorney represent you. You do not want to go fishing in the dark for what may or may not be the right forms, documents to file, process to follow, etc. An I-601 waiver - in essence, a sort of "forgiveness" for an illegal entry/illegal presence on an otherwise qualified immigrant who is eligible to adjust status - is very very complicated and difficult to have approved, so my advice would be to hire an immigration attorney to assist you with it.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be... more
Enrique Felix Mesa Jr.

Enrique Felix Mesa Jr.

Immigration Attorney - Manchester, NH
Answered

If he plans to remain in the U.S.A., while the application is pending, then you will have to file the Form I-601A, provisional waiver. The waiver is to "waive" your Husband's unlawful presence in the U.S.A. The burden is on the Applicant to demonstrate that his U.S. Citizen spouse will suffer from extreme hardship should they be forced to relocate to the loved ones country of origin and show how the U.S. Wife would suffer without her Husband in the U.S.A. This is a very tough burden to meet, and should seek a consult with an immigration attorney to make sure that Husband is even eligible for the program.

Good Luck,
Enrique F. Mesa Jr., Esq.
603-296-2222

Phone: 603-296-2222; Email: LawServeAtty@aol.com. LawServe - 15 Stark St., Manchester, NH. The information... more

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