Can I Appeal a Denied 601 Hardship Waiver?
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Can I Appeal a Denied 601 Hardship Waiver?
If your I-601 waiver application has been denied, you may have options to appeal the decision or reapply. Here is what you need to know:
Understanding the I-601 Waiver
The I-601 waiver, officially called the “Application for Waiver of Grounds of Inadmissibility,” allows immigrants to request a waiver of certain grounds of inadmissibility that would otherwise make them ineligible to enter or remain in the United States. Some common grounds of inadmissibility that can be waived include:
- Fraud or misrepresentation
- Criminal convictions
- Unlawful presence in the U.S. for more than 180 days
To qualify for an I-601 waiver, the applicant must prove that denying them entry or removing them from the U.S. would result in “extreme hardship” to a qualifying U.S. citizen or lawful permanent resident relative, such as a spouse, parent, or child. Extreme hardship is determined on a case-by-case basis but generally involves more suffering than what would normally result from family separation or economic difficulties.
Appealing a Denied I-601 Waiver
If your I-601 waiver application is denied, you may be able to appeal the decision. According to USCIS policy, you can file an appeal if the decision is appealable under the governing regulations.[2] For example, you cannot appeal a discretionary decision to deny a waiver.[3]
To appeal, you would complete Form I-290B, Notice of Appeal or Motion. This must be filed within 30 days of receiving the denial notice, along with the required fee. Your appeal would go to the USCIS Administrative Appeals Office (AAO).
If the AAO overturns the denial and approves your appeal, your case goes back to the original officer for reconsideration. They would then issue a new decision on your I-601 waiver application.
Success Rates of Appeals
The success rate for appealing an I-601 denial is generally low. According to one analysis by the American Immigration Lawyers Association, the AAO dismissal rate for appeals of I-601 waivers exceeded 80 percent in recent years.[4]
However, your individual chances depend on the specifics of your case. An experienced immigration attorney can review your situation and help determine if an appeal makes sense.
Reapplying for a Denied I-601 Waiver
Another option if your I-601 waiver is denied is to reapply by filing a new Form I-601. There is no limit on how many times you can reapply.[5] However, your application should include new evidence or address the reasons your previous application was denied.
For example, if your waiver was denied because you didn’t sufficiently prove extreme hardship, you could reapply with additional evidence demonstrating hardship. Or if new facts have emerged, like a new medical condition for your qualifying relative, highlighting that could strengthen your case.
An immigration attorney can help you carefully prepare a new I-601 application that overcomes the deficiencies of your prior filing. Having expert legal help greatly improves your chances of success.
Seeking Legal Help
The I-601 waiver process is complex. Working with a qualified immigration attorney can help ensure you submit a strong application with evidence tailored to your unique situation.
If your application gets denied, an attorney can also advise whether appealing or reapplying makes more sense based on the denial reasons, along with guiding you through the appropriate process.
Sites like Avvo, LawInfo, and FindLaw provide directories to help you find attorneys in your state who handle immigration cases involving hardship waivers.
Getting expert legal advice gives you the best chance at overcoming inadmissibility issues and achieving your immigration goals despite a prior denial.