If your Form I-601 waiver application is denied, you will receive a denial notice at the address you provided on your Form I-601 application.
You may appeal the decision within 30 days by filing Form I-290B, Notice of Appeal or Motion
. The denial notice will provide instructions for submitting Form I-290B.
Can you appeal I-601 denial?
If your Form I-601 Waiver of Inadmissibility has been denied by USCIS,
you may be able to file a hardship waiver appeal with the Administrative Office of Appeals (AAO)
.
Why would AI 601 waiver get denied?
One of the most common reasons U.S. immigration authorities deny an I-601 waiver application is
insufficient evidence of extreme hardship to qualifying U.S. relatives
. Sometimes this is simply due to the applicant not having submitted enough convincing documentation.
How long does it take for I-601A waiver to be approved 2021?
In terms of processing times, USCIS and DOS are coordinating closely to make sure that the timing of the approval of a provisional unlawful presence waiver application is close to the time of the scheduled immigrant visa interview abroad. Generally, it takes
4 to 6 months
to process an I-601A waiver application.
What happens if USCIS denied my application?
If USCIS rejects your application for adjustment of status, and you don't have a valid, unexpired right to be in the United States (most likely under a visa),
USCIS will send you into immigration court (removal) proceedings
. There, you will have the “opportunity” to have an immigration judge hear your case.
What percentage of I-601 waivers are approved?
According to recent statistics from the United States Citizenship and Immigration Services (USCIS), the approval rate for I-601 Applications for Waiver of Grounds of Inadmissibility is
79.6%
, with denials standing at an average of 20.4%.
How do I get I-601 approved?
In order to qualify,
you must have at least one qualifying relative through which you are making your claim for the waiver
. K visa applicants are exempted from this requirement. In lieu of a qualifying relative, the K-Visa applicant must only demonstrate that the petitioner is an American citizen.
How long does a waiver of inadmissibility take?
The average processing time for Form I-601A is
between 8.5 and 11.5 months
. Make sure you carefully read the section of the Form I-601A instructions about your immigration status when applying for this waiver.
How long does it take to get an extreme hardship waiver?
Once this is approved (
usually around 12 months
), the applicant must then pay the NVC fees before submitting form I-601A to USCIS requesting a waiver of the 3- or 10- year bar.
What happens if my waiver is denied military?
If your waiver is denied, however,
you can always apply with a different service branch
. Different branches have different personnel needs and may approve of your waiver. In general, the Army has the reputation of approving the most moral waivers, while the Air Force and Coast Guard approve the fewest.
Can I file I 485 and I-601 together?
Seeking an immigrant visa or a nonimmigrant K or V visa and I have been found inadmissible by a consular officer after my visa interview.
Filing Form I-601 together with Form I-485
, Application to Register Permanent Residence or Adjust Status.
How do I prove extreme hardship for a waiver?
- You must have a “qualifying relative” who is a U.S. citizen or permanent resident.
- The USCIS considers extreme hardship to your qualifying relative, not to you. …
- Your qualifying relative does not have to be the person who sponsored you for immigration.
How do I expedite a 601 waiver?
To ask for an expedite, you can either
submit a cover letter with your waiver application requesting the expedite, or send it later, via the USCIS Contact Center at 1-800-375-5283
. With your expedite request, you will need to provide documentary proof of any facts that you are claiming.
Can I file I-601 before interview?
You cannot file Form I-601 until after you attend your immigrant visa interview
and after DOS determines that you are subject to other grounds of inadmissibility.
Why is USCIS taking so long to process 2021?
This backlog is
largely due to the USCIS office closures amid the COVID-19 pandemic
. Form I-131 (“Application for Travel Document – Advance Parole”): Applications for advance parole saw a large increase in processing times, from 4.6 months in FY 2020 to 7.7 months in FY 2021.
What happens if I 290B is denied?
If USCIS has rejected your I-290B for including more than one receipt number, you should
refile it and ask USCIS to deem the I-290B filed as of the date of the initial submission so that it will be timely
.
Can I sue USCIS for denial?
Yes. If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court
, and the Court can force the Immigration Service to make a decision in your case. Bear in mind that this decision can be positive or negative.
What happens if your spouse visa is denied?
Denial of Adjustment of Status in the U.S.
The situation will be different, however, if your spouse is in the United States without a valid visa; that is, illegally. In that case, after the denial,
your spouse might be placed into removal (deportation) proceedings
.
What is considered extreme hardship?
Extreme hardship has been defined to mean
hardship that is greater than what your relative would experience under normal circumstances if you were not allowed to come to or stay in the United States
.
What makes someone inadmissible to USA?
The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.
Who is a qualifying relative for I 601?
The qualifying relative must be:
A U.S. citizen or legal resident spouse or parent, if the immigrant is denied for unlawful presence or misrepresentation
. A U.S. citizen or legal resident who is a spouse, parent or child of the alien who is denied admissibility based on criminal history. A U.S. citizen fiancée.
How long does it take to get an interview after waiver approval 2020?
This is generally
2-3 days
after the USCIS approval. If the applicant does not receive the packet within 30 days it is recommended to contact the consulate. Once the packet's instructions are followed the applicant can schedule the consulate interview online.
