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Another Look At I-601 Waivers

Transcript of the above video:

As the title of this video suggests, we are discussing I-601 waivers. For those who are unaware, yes it is possible to be denied a US Visa so for example an Immigrant Spouse Visa, a K-1 Fiancé Visa, even a K-3 Non-Immigrant Visa. Primarily here at our firm, we primarily do a lot of family-based immigration back to the United States and the I-601 waiver may prove necessary in certain cases where there is a legal ground of inadmissibility. 

What are we talking about when we bring up legal grounds of inadmissibility? We are talking about possible prior criminal records; possible prior overstays in the United States notwithstanding lack of conviction; engaging in certain illicit activities including drug use, prostitution, crimes involving moral turpitude, things of this nature. What do you do if a finding is made, basically someone is denied based on a legal ground of inadmissibility? The remedy for that is what is called an I-601 waiver. You have to get that finding of inadmissibility waived, in order for a visa to ultimately be issued, in order for that foreign national to then enter the United States. 

The overall process is going to differ a little bit and the brief itself, the briefing itself associated with waivers. Look waivers are not like some of the rest of Immigration; waivers are high level lawyering for lack of a better term. They really are. The briefs I have written over the years associated with I-601 waivers are pretty long and they are pretty detailed. And I have had help and guidance and mentoring over the years from a lot of people that really know that stuff when it comes to Legal Ground of Inadmissibility Law and I am very fortunate to have had that. But yes long story short, there is a remedy to denial for certain types of Illegal grounds of inadmissibility. Those that find themselves in a situation where they think there might be a legal ground of inadmissibility, because there are certain things people often think are going to cause a visa to be denied that actually don't. Meanwhile there are other things that people think that they can just kind of gloss over and it is not a problem that are a big problem in an inadmissibility context and oftentimes the main, how do we call it, remedy associated or I should say the main remedy utilized in order to overcome that ground of inadmissibility is going to be an I-601 waiver. You are really, if you are in this position, you are going to want to contact a legal professional who knows what they are doing on this by the way. I-601s are no messing around deal. Some of my hardest cases I have ever dealt with in my career have to do with I-601 waivers. 

So this is something that you want to go to somebody who really knows what they are doing and has some history of dealing with this kind of thing; this is not something you particularly want somebody who it is their first rodeo so to speak handling. So again, not a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.