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

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.

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Attorney answers 8


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.


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 are known and detailed research has not been undertaken. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers require an investigation into all facts about your case. Any answers offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. Use these answers at your own risk.


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 relationship.]


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
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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
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(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


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 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


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

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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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