4 Expert Strategies To Prove Extreme Hardship And Win Your I-601 Waiver (Or I-601A Waiver) - Part 1

[@standingonmountain3975]

Wow! I wish I found your videos earlier, Sir, before we hired an attorney. Outstanding insight 🙏God bless you for sharing your knowledge with us.

[@BataraImmigrationLaw]

I'm glad you found the information helpful. Best of luck in your case.

[@mirzoyanapresyan]

Mr Carlos Batara is gem among lawyers that I watched and listened to on youtube. Many thanks for exceptional explanation of the subject!

[@BataraImmigrationLaw]

Thank you for the kind words and the fantastic review. I hope that, if you need to file a waiver, the information provided was indeed helpful.

[@sifajewels]

Thank you so much for your guidance and detailed video it helped me win my case 🙏

[@BataraImmigrationLaw]

Glad it helped

[@simsimNYC]

very well put!!!! thank you so much

[@BataraImmigrationLaw]

Glad it was helpful!

[@dadkhodahamraz909]

Dear Sir: I have watched some of your videos regarding the 601- waivers application, your knowledge and experience is in a different level. This coming Tuesday i am about to have a consultation about my spouse's case and hiring an attorney, hopefully after the consultation i am convince to hire you for this particular case, Thanks for helping the immigrants sir.

[@BataraImmigrationLaw]

Thank you for the kind commentary.

[@abdessamadelaaissaoui5657]

Hey Bro, did they give you the waiver ?

[@sherinjohny4367]

How was your wavier sir

[@Bella-sj6dq]

Absolutely valuable information! Outstanding work! Thank you.

[@BataraImmigrationLaw]

I thank you for watching my video. If you are seeking a waiver, you may want to watch Part 2 and Part 3 of my I-601 set. In any event, I greatly appreciate the kind words.

[@tonyortizthestreetsofmylif1449]

Hi Mr. Batara, Sr. I've be deported for seventeen years. I have three beautiful girls and I have missed out on being there for them. I have been looking pretty much every where for information on how to go about to present my petition for my possible return to the U.S. Can my kids, now young adults petition for my return? I would like to request that if you can make a video on this subject. Thank you. You and your colleagues gives us great hope. And thank you for your professionalism on this subject. Awsome God bless you and your family.

[@BataraImmigrationLaw]

Good suggestion.

[@Gina-yk2ci]

What happens once the waiver is approved and consular interview process is approved with regards to CBP? Can they reject the beneficiary despite both being approved? If so, for what other grounds can they reject the beneficiary?

[@BataraImmigrationLaw]

If the interview process is approved means permanent residence is going to be granted, then all should be okay.

[@leftovers2go198]

Thank you Sir, I just spoke to an Attorney and we going to file for this waiver.

[@BataraImmigrationLaw]

Best of luck!

[@michaellee1834]

thank you for sharing

[@BataraImmigrationLaw]

My pleasure. Thanks for watching.

[@Rev.DavidDarkoAddo]

I love your videos sir God bless you, please does this apply to my husbands case for change of date , he was given the same forms 601 how do i go by thank you.

[@BataraImmigrationLaw]

I do not know enough to answer your question.

[@willenejoseph1356]

Thank you so much

[@BataraImmigrationLaw]

You're most welcome

[@joleyugang5396]

Thank you so much Sir for your reply. I so appreciate it.

[@BataraImmigrationLaw]

You're welcome.

[@alieukanneh3856]

And I have apply for a waiver and I have received my from I-797C notice of action.

[@BataraImmigrationLaw]

I am not sure what you are telling me, but if you have been successful in your waiver venture, congratulations!

[@luisuribe5457]

Im about to sign contract with a lawyer that told me and my wife that our chances are 20% just with a couple of questions about medical extreme hardship which we don’t have, we talked to another lawyer that focused only on medical hardship too. It feels really good and give us hope watching this. We want to be in contact with you about our case as soon as possible.

[@BataraImmigrationLaw]

I find it hard to give percentages. There is so much involved in every person's case and the details differ from case to case. You may want to consult with various lawyers to get a clearer picture of the issues you will need to deal with.

[@bjornbackman]

great stuff! If I've overstayed my student visa AND worked without authorization, do I need to file a waiver when marrying a US citizen or is it automatically forgiven?

[@BataraImmigrationLaw]

I do not answer specific case questions on social media. I believe such information should only be discussed in private consultations.

[@fawzimingles7350]

THANK YOU VERY MUCH FOR THE VIDEOS AND MOST IMPORTANTLY SHEARING YOUR WISDOM.I HAVE A QUESTION- WILL FRAUD THROUGH MARRIAGE COUNT AS ONE OF THE FRAUD/MISREPRESENTATIONS? MEAN IF YOU WERE DENIED ADJUSTMENT OF STATUS BECAUSE YOUR FIRST MARRIAGE USCIS SAID WAS A FRUAD BECAUSE THEY SAID SHE SWORE ON OATH THAT IT WAS NOT TRUE A MARRIAGE? ASKING FOR A FRIEND.THANK

[@BataraImmigrationLaw]

A finding of fraud will always count against you. Sometimes, it can be overcome.

[@alieukanneh3856]

Hello Chief Batara the embassy in Monrovia told me to apply for a waiver after my DV lottery interview my question is can a Visa be issues after September 30 2024

[@BataraImmigrationLaw]

Hi there. Unfortunately, I do not discuss actual cases on social media or in public. However, I wish you success.

[@rainproductsny8164]

Hello sir how are you, thank you for information, I apply for PIP but now is dead, so what you recommend for me now to do ,I am a mom of 5 children and mearid for us citizen please help

[@BataraImmigrationLaw]

I do not discuss cases on social media. I believe your information shoulc be kept private. In addition, without knowing more about your situation and immigration history, it is impossible to render a good evaluation. I suggest you reach out to a local attorney to talk about your case in depth.

[@theyfwdawnn]

Does is work the same way when the qualifying relative is the son ( U.S. citizen) of the beneficiary which is the parent?

[@BataraImmigrationLaw]

I am not sure what you mean "work the same way". All cases have unique issues/angles, but technically, they work the same way in a general sense.

[@jrsblogs]

I’m filing a waiver for my wife. My lawyer recommended me to a physiologist to write a more detail proposal we got our first letter denied. They needed more evidence.

[@BataraImmigrationLaw]

Who needs more evidence? The government? The immigration court? They psychologist? Your lawyers?

[@melissas8950]

Any update? I’m going through the same thing.

[@Danielamtoro13]

Como te fue?

[@GingerPiukala-gv5sc]

Hello, my dad has been stuck in the islands for 8 years. I am a US citizen , I tried to file his green card and his form I-601 but it came back denied because I was not a qualifying relative. Why does children not fall under qualifying relatives and do I have to file form 130 before 601 or it doesn’t matter?

[@BataraImmigrationLaw]

There are various rules for I-601 and I-601A waiver. The differences are generally made as a result of Congressional concerns.

[@bnk9582]

Hello sir. I have been living in the US for 15years since 14yr old. All of my family members got their green cards except me because of age out. In order to stay with my family in the states, my documents have been fraudly made up. I am now outside of the US applying for waiver after F24 visa interview denial. My parents are under economic hardship because of my private student loans for dental school..and I cannot work as a dentist outside of the US and still unemployed. Will this kind of economic hardship be considered as the “extreme” hardships? I really would like to hear from you 🙏🏻

[@BataraImmigrationLaw]

This is no "formula" for hardship evidence. So what would count varies from case-to-case.

[@bnk9582]

@@BataraImmigrationLaw thank you for your response, sir. your video really helped me a lot!

[@oksanastrickland8810]

My husband refuses to get Covid vaccine. His consular appointment is scheduled for the end of September. What should we do thank u

[@BataraImmigrationLaw]

It seems you may need to find a local attorney who could assist you.

[@freddycasas8591]

Thank you so much for the information. I have a question. Also doing a hardship cancelation of removal letter would be the same as doing the weiver hardship letter? Would it follow the same steps and evidence

[@BataraImmigrationLaw]

More or less. There are some differences, like who are considered qualifying relatives. However, remember, with cancellation of removal, you will also be called upon to testify at immigration court.

[@shalom2198]

Do you take cases in Florida? Thank you.

[@BataraImmigrationLaw]

I have handled cases there. But in general, there are attorneys there who are able to help you.

[@rosalbaflores2512]

Hi im just watching your video I have a question for you. My both parents got a i601 waiver on the consulate. Can they Children that are U.S.A citizens ask the waiver here in the USA?

[@BataraImmigrationLaw]

It all depends on the facts of each case on its own merits.

[@anjichowdary8997]

Can I apply I -601 waiver my baby born in usa( he is 4 months old) and my wife is in USA on F1 visa. And 2 years back my f1 visa got cancelled by CBP, I have section of INA 212(a)(6)(c)(I).

[@BataraImmigrationLaw]

This is a case specific question. These should not be asked on social media. I suggest you reach out to a local lawyer to talk about your situation in more detail.

[@bhookie]

Can we reach out to you sir

[@christinaflores]

I’m confused…Do we apply for the i 601 here in the states (before interview) or in the immigrant’s country? Thank you!

[@BataraImmigrationLaw]

It depends on the details of your case.

[@cinthiabello8725]

Hi! Can we use this same guide to plan the I-601A waiver?

[@BataraImmigrationLaw]

The points which I address, if they fit your situation, can be used to help you.

[@nopalzz]

Maybe I missed it, but who has to write the I-601 hardship letter ? dad (immigrant) or the children/spouse ?

[@BataraImmigrationLaw]

I recommend multiple persons, at least the immigrant seeking benefits and the primary qualifying relative.

[@krissyalbero3631]

My husband's is in warrant arrest in texas ,im stuck up in phillippines with my daughters last 2020 we lockdown here in phillippines and cant get back to texas what he should do to bring us back to his country he want us petition back to us but his case still in texas as drug possession controlled substance. I miss my son was with him ♡😩

[@BataraImmigrationLaw]

There is no way to answer this question without far more details. However, you should not discuss your case in public. I think you should reach out to an immigration lawyer in Texas to help you.

[@kristinedizon2914]

Good DAY! SIR, I JUST HAPPEN TO RUN INTO YOU'RE VIDEO I HAVE THE SAME CASE THE 601 WAIVER WHICH HAPPENED TO BE APPROVE ALREADY IN NVC BUT I FOUND OUT THAT MY LAWYER WAS SUSPENDED AND ALL MY PAPERS ARE ALL IN HIS POSSESION ..WHAT SHOULD I DO? DO I NEED TO CONTACT THE NVC?PLEASE HELP ME1

[@BataraImmigrationLaw]

I do not understand what you are asking. I suggest you set up a in-depth consultation with another local lawyer to look into your situation.

[@monikdioso6746]

Helpful ❤

[@BataraImmigrationLaw]

I hope it helps you, if, of course, you have such a case.

[@Thisisamapalayaph]

besides the i601, I should be filing i212? i was deported in 2002, and never attempted to return. now my wife is planning, who better petition me, my wife or my daughter?

[@BataraImmigrationLaw]

Given those facts, I recommend you arrange an appointment with an attorney to discuss your case.

[@bojan80]

Mr Carlos, I had before withholding of removal before I adjusted status though marriage with US citizen . After getting green card I traveled back to home country , does that hurting my application for citizenship ?

[@BataraImmigrationLaw]

It could, but it depends on the actual facts.

[@bojan80]

@@BataraImmigrationLaw thank you for your respond

[@simoneyarrow7151]

Can I do this for a K1 visa? My fiancé is in the airforce, can we use: Qualifying Relative's military service recognizes that the Qualifying Relative may be stationed abroad, that separation may be the only option, and that a denial of the waiver could exacerbate the stresses, anxieties, and other hardships inherent in military service?

[@BataraImmigrationLaw]

An I-601 waiver pertains to the hardship of a spouse. A fiancé is not a spouse.

[@jhonuts09]

@@BataraImmigrationLaw what is the waiver for a K1 applicant?

[@beaueads4170]

Hello, I have a case where my spouse came to the states on a K1 fiance visa, however one year had passed and we never got around to filing an adjustment of status for her and she left the states to go back to her country and then did her interview in the Philippines for her immigrant visa. As a result of my wife's immigrant visa interview, she received a paper stating that she was unlawfully staying in the US for more than a year (under the K1 visa) and so now she needs to get a I-601 waiver. What case can we present when filing the 601 to maximize our chances of winning the case? Any advice would be more than appreciated! Thank you so much in advance

[@BataraImmigrationLaw]

Did you get married in the U.S.? Your facts are slightly confusing. Still, it seems you should talk with a local lawyer to help you with the specific details of your case.

[@silentoresthil-henderson1593]

Hello, Can you provide me a bit of guidance please. My fiancé as a child, aunt tried to bring her to the US as her own kids, it failed! The aunt had completely change my fiancés name. After the aunt attempt was unsuccessful, my fiancé returned to her birth name that her parents originally gave her. In 2021, she went to the embassy for an interview after doing finger print. When she got to visa officer, he asked her about the previous name and she explained what had happened when was a minor. Yet her visa was denied on a 214b denial! Since the finger from what her aunt had attempted to do is in the USCIS system and now her original name as well. Will see need a waiver? Her previous denial not did say she needed a waiver but how do she prove that her name she currently carry is her real name but not what her aunt had changed when she was a minor? Please help! -E

[@BataraImmigrationLaw]

Thanks for reaching out. But first, allow me to note that the issues you raise need an in-depth analysis, not a short (guessing) opinion on You Tube. Second, I do not think such issues should be talked about on social media. Third, I recommend that you contact a local attorney to assist you.

[@talitateles8903]

I came to us with a tourist visa I overstayed my extension of tourist visa for 2 years, I came back to my home contry voluntarily, now me and my fiancé ( American citizen ) are trying to apply for a K1 visa, I should apply for a waiver I601 after the interview at embassy or just I do the waiver first than apply for the k1 visa ?

[@BataraImmigrationLaw]

You should have it ready by the time of your interview. How a waiver will be processed is somewhat dependent on which Embassy or Consulate office you will going to.

[@robertocusumano3395]

Hi talita me and my fiancée we are in kind of the same situation, what did you do? How far are you in the process?

[@thiernodiakariaoubah9185]

Hello sir, thanks for the clear explanation. My i601 waiver was resulted in RFE Because it lacks extreme hardship prove my dad provided. I'm wondering how can he establish that prove because he is not sick and he is married and he has children in the USA. I'm his son from different mother, he petition i130 and was approved and I went for interview but I was turn down for previous misrepresentation and the counselor issues me a waiver paper. He did the waiver with the help of an agent and now USCIS requesting RFE, because extreme hardship is lacking.

[@BataraImmigrationLaw]

You might be facing a 212 waiver, which is different from an 601 waiver. Look closely at the papers that the government gave to you. 212 waivers are different from 601 waivers.

[@thomastrefz]

What does RFE stand for?

[@hannamay5715]

Request for Evidence.​@@thomastrefz

[@ElenaCarvajal]

What can I do to get my Colombian husband to Arkansas soon as possible? I need his help at home, I am disabled and need more surgeries, and he is all I have to care for me. My home is not fully functioning, I need him to help me finish our home, there's no indoor plumbing, no bathroom. I freeze in winter and it's too hot to stay inside when it's summer. Him home with me caring for m, and him being able to work to buy what we need to finish our home so it's livable. I have put off having surgeries, trying to keep traveling to stay with my husband. I've run out of countries I can go to, to stay together. His life is in extreme danger if he goes and stays in Colombia waiting for our spouse visa. Please help me!

[@BataraImmigrationLaw]

It sounds like he is already in Arkansas with you.

[@violageng6250]

@@BataraImmigrationLaw How can I email you my deny letter ?

[@violageng6250]

@@BataraImmigrationLaw I'm in irvine . I was denied last months . My husband had bad depression when he was young .

[@violageng6250]

We got the mental evaluation report already . I need your guide please. Let us get this case going please

[@YanbangLi]

Dear Sir: I am a Chinese taking J1 visa with DS2019 from 2018.01.15-2022.01.15. But I have quited the job at 2021.12.03 and left USA at 2021.12.03. And I went back to China and stay in China until 2022.04.11. And then I went to Japan and stay in Japan till now. I am qualified for EB1A, but when I am preparing the application, I have noticed that I have to apply for J1 waiver. Is there any way for me to apply for J1 waver? My kids were USA citizen and now lived with their mother in China. My children suffered from the environment and running water. My teeth of the elder one were broken. Is this enough to apply for J1 exceptional waiver? Hopefully after the consultation I am convinced to hire you for this particular case. Thanks for helping the immigrants sir.

[@BataraImmigrationLaw]

I recommend you speak with a local lawyer who can help you decide what, if any, options are your best steps going forward.

[@YanbangLi]

@@BataraImmigrationLaw Thanks sir. I have applied J1 waver recently and hope a happy ending.

[@suleymansulooglu1604]

Hi sir, does 10 years bar apply to vawa case when choosing the consular processing?‘I applied i824 still didn’t have the interview yet if applies this 10 years bar can I apply the i601 before the interview.best regards

[@BataraImmigrationLaw]

It seems you're asking for legal advice. Such information usually requires a more in-depth review of your case. I suggest you reach out to a lawyer in your area.

[@nilufarumarova4730]

Hello, I am a subject to two year rule, and I am currently studying in the USA with an F-1 and after graduation, I am planning to pursue an OPT and after that a MS degree in a STEMM field. My question is can I apply for a waiver and be enrolled as a student and stay here in the USA while my paperwork is being processed by USCIS or do I have to leave the country and wait for the approval from my home country?

[@BataraImmigrationLaw]

I'm not clear what two-year rule you're referring to. I suggest you reach out to a local lawyer to discuss your case and prevent any missteps.

[@The_Awakening_of_the_bride]

Please sir, do a foreign husband abroad married with US citizen applied for waiver?

[@BataraImmigrationLaw]

Perhaps. It depends on the fact of your case.

[@soumitrachakrabarty1759]

Excellent.

[@BataraImmigrationLaw]

I appreciate your great comments. I'm glad you liked these videos.

[@killamilla702]

once Approved does the Waiver Expire??

[@BataraImmigrationLaw]

Technically, no. But the waiver only applies to the grounds and facts listed in the application and if things change, it could have an effect.

[@killamilla702]

@@BataraImmigrationLaw ohh okay thank you I appreciate yourchard work 👏👍💪

[@Americanzindagi]

So a question if i601 wavier for misrepresentation is approved got marriage based GC. Now what happens when you go for applying citizenship? Can they ask all about that again or would it be any problem for citizenship eligibility? Thanks

[@BataraImmigrationLaw]

In general, your I-601 waiver will not be an issue when you apply for citizenship many years later. But if there is something fraudulent in your earlier filings, that could lead to problems.

[@Americanzindagi]

@@BataraImmigrationLaw when you say if there is something fraudulent in earlier filings, that includes the findings of one and only reason for which the 601 was granted? Or you meant if there is something else either than that reason for which the 601 wavier was granted. Really appreciate your answer. Thanks!

[@stevenroshni1228]

How does Extreme Hardship affect Adjustment of Status Public Charge requirements?

[@BataraImmigrationLaw]

They are different questions. If you're filing for adjustment of status, you do not need to file for an extreme hardship waiver.

[@hopelove_faith2537]

Does this apply for people with records?

[@BataraImmigrationLaw]

What type of records?

[@MariamH1215]

@@BataraImmigrationLaw sir is this waiver applicable for me? I came to us to visit my husband holding b2 but I was expedite remove from POE and Cbp told me to file a waiver .

[@jimmyrukundo2336]

@@BataraImmigrationLaw Immigrants with a brush 🖌️ with the LAW👽😵🤮🥱

[@lounesreda831]

I lived in the USA for 24 years and I got deported because I entered illegally so now I have a 10 years bar do you think I can apply for i-601 waiver I don't have any spouse in the United States I was single the whole time can you please answer my question I would really appreciate that thank you

[@BataraImmigrationLaw]

You must have a qualifying relative. Do you have one?

[@magalajoseph]

Thanks sir

[@BataraImmigrationLaw]

All the best.

[@lubitelklassnihklipov3486]

My boyfriend and me are going to apply for fiancee visa. I am currently in my country. I overstayed my student visa before. In case of denial can he apply for extreme hardship or it is only for married couples?

[@BataraImmigrationLaw]

Your period of overstay will likely be scrutinized.

[@losdoma]

Hi Sir, my sister US Citizen is also going through the same process as her husband got 6cI on his interview day. They don’t have children yet and due to the pandemic they are still separated with travel restrictions, pls suggest what kind of extreme hardships they must present for the waiver approval. our family is worried on what it may impact on her. Thanks 🙏

[@BataraImmigrationLaw]

This question is impossible to discuss without a lot more details about the case. But I do not think such issues should be discussed on social media. I recommend consulting with a local lawyer to ensure you put your best foot forward.

[@gerardoteran7239]

Good morning,would you help me with my case? I have a US Citizen daughter,she is 29 years old, I am under the 10 years bar,I am 10 months away from the 10 years,what can I do? Thanks

[@BataraImmigrationLaw]

I am not sure if I can help you. If you call my office, we can have a more detailed discussion and I will be better able to figure out if I can help you.

[@ryanheath5301]

If I have 4 kids who are still in school, 2 in middle school and 2 in high school, and they are financially dependent on me. Will my wife and I qualify for extreme hardships?

[@BataraImmigrationLaw]

Extreme hardship is not that simple an issue. Many more details will be necessary for that decision to be made.

[@robinaasowata9750]

Thanks for your explanation sir.pls.my question is what type of health conditions can be grouped to cause extreme hardness are there specific health conditions?

[@BataraImmigrationLaw]

Any and all types of health conditions should be discussed. The more serious ones, of course, should be the ones most highlighted. But it is not just the health conditions, it is how the health conditions affect various family members, especially those who are the qualifying relatives. Keep an eye out for the next few videos in this series, as I dive into more specific examples.

[@robinaasowata9750]

@@BataraImmigrationLaw Thank you sir am waiting anxiously for your next video.

[@killamilla702]

What would you say is the Percentage of unlawful presence approved now adays?

[@BataraImmigrationLaw]

I cannot provide an estimate. It would be a wild guess.

[@specialscenes1419]

I was living in USA about 8 years and last year ice get at work and take me to jail and I get married in jail

[@joleyugang5396]

Does this "formula" applies to writing an affidavit for a VAWA green card application too? (Many thanks Sir)

[@BataraImmigrationLaw]

Hi Joley. The formula I discussed in this video is based on the I-601 requirements. But storytelling is crucial, in my view, to putting together a complete picture for immigration officers to review about your case and situation. In my upcoming videos, I'll post more concrete examples, some of which may help you, even in terms of a VAWA application.

[@AG-zh7zl]

The paradox is that foreign spouses of Cuban citizens in the United States never have to request any type of waiver or leave the country for a consular interview. They don't have to experience any hardship. The United States gives special privileges to Cubans even above its citizens. Not even members of the armed forces or Native Americans enjoy these privileges. The laws are not the same for everyone.

[@BataraImmigrationLaw]

I'm unable to answer that question. There are various factors that go into such matters.

[@mk6022]

USCIS: so what's your extreme hardship? USCIS.

[@BataraImmigrationLaw]

I do not understand your question.