Understanding what I-601 Hardship Waiver for Unlawful Presence is?
This is a form which is necessarily is required to be filled in by the people who lawfully are not admissible in the United States territory.
Let’s know about un-lawful presence – If a foreign national voluntarily stays in United States while he/she is ineligible to stay because of some reason or the other, it is termed as unlawful presence. A I-601 hardship waiver entails the person to get the inadmissibility waived off for unlawful presence.
A waiver could be obtained by filing the I-601 hardship waiver for unlawful presence which would enable a person to re enter United States stating that his/her spouse or a close relative is facing some kind of hardships. This form is applied by the immigrants staying the United States to waive off all grounds of in admissibility.
The next question that may arise in this particular pretext is what is considered as a hardship? Hardship as the word itself indicates is the problem that a particular US citizen might be facing. It can be because of some disease or some other difficulty that a particular person is facing but does not have anyone to look into his/her plight. A spouse or any other close relative for that matter who lawfully is inadmissible in the US territory may apply for this form I-601.
The following are some examples of hardships that are presented before United States by the people at large:
Hardship on medical grounds: If in case a United States citizen is a facing some kind of disease or a problem on medical grounds; for instance, if he/she has a disease or an ailment which requires lot of attention and aid financially as well; a person could fill in the form I-601 Hardship Waiver for Unlawful Presence. The person could enter the United States to assist the person, which would not be illegal, thereafter.
Hardship over psychological grounds: If a person is separated from his/her spouse or children for that matter, as a general case people would experience some kind of psychological hardship. To overcome the same they may apply for a I-601 Hardship Waiver for Unlawful Presence. However, a separation could not be considered many a cases to qualify.
Whatever may be the case, to get a waiver one needs to shed an amount of $585 which is compulsorily required as the fee to process this I-601 hardship waiver for unlawful presence. The fee may be exempted in it is a case of tuberculosis, mental retardation.
This is specifically for those people who are in United States but have not been asked to attend their Visa interview for the immigrants. It is to be noted here that the people who are availing the I-601 hardship waiver for unlawful presence will have to leave for a short duration of time from their spouse/relative etc to attend an interview for the immigrant visa.
If anyone in case tries to enter the United States illegally, he/she would be permanently barred from entering the territory of United States. You need to apply this form in the U S embassy if you are applying outside from the United States. In the form I-601 however, the grounds for which you seek the waiver should be clearly specified. For each additional waiver, a separate I-601 hardship waiver for unlawful presence is required to be filled and submitted. If you are located in the United States itself and seek an I-601 hardship waivers for unlawful presence submit in your application at the USCIS (Vermont Service Centre).