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

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.

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Attorney answers 5

Best Answer

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.



I planned to file the initial forms without an attorney, but retain one for the later stages. You are now telling me that this is not a good idea.

Eric M. Mark

Eric M. Mark


In all honesty, it is a horrible idea. You will not save much money on attorney's fees because for an attorney to prepare a proper waiver s/he will have to review all the material from scratch, anyway. It could even cost you more money because many times people with limited expertise make critical mistakes that require more work to correct than if it had been done properly the first time. Sometimes very simple questions are answered incorrectly that lead to serious consequences. This process is too complicated and detailed, and too important to your life and your family's life, to hope it goes ok. Many lawyers, including me, will work with you on a payment plan because it is much better to handle the matter from the beginning than to get involved later.


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 advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


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 one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.


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 the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


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: - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: