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Is it difficult to get an I-601 waiver approved?

Albuquerque, NM |

My brother in law a Mexican national is married to my sister a US citizen. He had is IV appt last week and was denied because he entered illegally as a minor with his father and stayed past 18 yers (hes 23 now). They gave him an I601 waiver. We are in the process of getting letters from my maternal grandmother an paternal grandfathers doctors who are very ill, my sister also attends the Univerity and are submitting her transcripts. We are also submitting character letters in support of my brother in law. I also wrote our congressmen to inquire on our behalf. Is it difficult to get the I601 waiver approved? He does not have a criminal or drug backround. The thought of my sister moving to Mexico is scary with all that's going on.

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Attorney answers 3


It is difficult. Please read the Form I-601 instruction which describes types of supporting documents that must be submitted with the waiver application. Also, please go to ( and read the announcement. This method, if it is implemented, might be less stressful for your sister.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.


It is a difficult process to prove "extreme hardship". I usually wait until the couple have children together.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (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.


Yes and that's why it's important to have a strong advocate on your side.

The letters you're collecting, while providing a general background about your brother-in-law are missing a key point: the hardships he needs to show are to his qualifying relatives: us citizen or lawful permanent resident spouse or parents.

Consider retiming an attorney experienced in this niche practice, whether me or one of my colleagues.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at Contact us at 713.335.5505 or email at Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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