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| Five keys to success for ‘601’ waivers |
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THERE is an old saying amongst attorneys: "Anyone can win the easy cases; it’s winning the hard cases that counts." Many of our clients come to us with difficult cases that involve alleged violation(s) of the Immigration and Nationality Act. More often than not, these clients were told at their adjustment of status interviews by the Immigration Officer that they required a "601 Waiver". In the past two weeks, we have received multiple approvals of these difficult-to-win cases. For our purported competitors, but more importantly, for our friends in the Filipino community, here’s the keys to success.
Key 1: "Write to win"
All too often attorneys assume that I-601 waivers will be lost before USCIS but can still be won before an immigration judge, after a client is placed in proceedings. My goal in writing I-601 waivers is to win in front of USCIS. The quality of the writing in this brief will be the same level as a written brief for an immigration judge, and will if necessary provide the basis for later pleadings. Saving the client the pain and hardship of defending themselves in Immigration Court should be paramount in the mind of the attorney.
Key2: Cite to the correct statute supporting the waiver
It is important to note that a "601" waiver refers to the USCIS form I-601. The form must be used when a client is seeking relief from any number of issues for example a past crime, misrepresentation to officers or use of false documents. Different statutes and laws provide relief for these issues which may cause the client to be "inadmissible" or even "removable". Many clients and even some attorneys do not look to the statute that grants relief and simply fill out and submit I-601 forms without referring to the form of relief required to excuse the client’s past conduct.
Key 3: Use detail and supporting affidavits and documents
I-601 waivers must be detailed, and in most cases require a statement of hardship to the client, qualifying United States Citizen or Legal Permanent Resident relatives. I-601 waivers must also have numerous supporting documents that demonstrate the different points applicant is trying to make to USCIS. On more than one occasion we have had to re-file and adjustment of status application so that we can provide a more detailed and effective I-601 waiver to the immigration officer. It has been my experience, at the interview, that officer’s have thanked me for providing them with the information and arguments they need to justify approval of the I-601 to their supervising officers.
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