Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

Filing a 601 waiver to avoid deportation

On Behalf of | Mar 10, 2015 | US Immigration Law |

When immigrants are found to be living in Florida unlawfully, they might be targeted for deportation. Furthermore, they will usually be inadmissible to the U.S. for 10 years after they are deported. Following the 10-year ban, a person who is deported may be able to reenter the U.S. and possibly obtain legal residency.

Deportation and a 10-year ban from the U.S. may be avoided by filing a 601 waiver for extreme hardship. If the person targeted for deportation can prove that becoming inadmissible to the U.S. would cause extreme hardship to a legal resident or citizen of the U.S., they might be allowed to remain in the country. While deportation is deferred to avoid an extreme hardship, the deferment does not guarantee that an immigrant will be granted permanent legal residency.

So-called typical hardships that are caused by deportation are not enough to allow an individual to qualify for a 601 waiver. Things like the sudden loss of employment and separation from minor children are deportation outcomes that are considered normal in the eyes of U.S. Citizenship and Immigration Services. To obtain a 601 waiver, a person usually must show proof that a qualifying relative in the U.S. is dependent on them for care and is unable to safely leave the country due to a medical condition.

A person may file for a 601 waiver even if they have been previously found living in the U.S. unlawfully. Although they are the least effective arguments for an extreme hardship waiver, there are some cases where individuals are allowed to remain in the country in order to care for aging parents or relatives who would be unable to pay their bills without them. After examining a client’s case, an immigration attorney may be able to help gather evidence for a 601 waiver.

Source: FindLaw, “Extreme Hardship and the 601 Waiver: Can I Avoid Deportation?”, accessed on March 10, 2015



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