California offers residency to nearly 11 million immigrants, and a majority of these immigrants have naturalized with well-documented legal status. However, the state provides safe living conditions and protects the legal rights of undocumented immigrants, as well. It has many laws under the California Legislature to protect its immigrant workforce from discrimination and retaliation. The state also helps those applying for I-601 waivers against inadmissibility in the country under the ambit of state and federal laws.
You can seek the services of an expert immigration attorney in Stockton CA to ensure the success of your I-601 waiver application.
Since the chances of your application getting approved rely on your evidence, follow these points to make it strong:
Demonstrate Extreme Hardship to the Qualifying Relative in the USA
Mostly, I-601 applications are rejected by the US immigration authorities based on insufficient evidence proving hardships to the qualifying relative. You should submit a convincing reason through proper documentation.
Here, it’s vital to demonstrate how your relative may suffer if your visa or green card is denied. Also, it requires you to prove the hardships if he/she has to leave the country to reside with you.
Understand the Grounds for Rejection
When the immigration authorities determine that your application doesn’t convincingly show extreme hardship for your qualifying relative, they may reject your application.
Denial is most likely in the case where the relative belongs to your home country and speaks your native language as well. In cases where the relative is supposed to live in the US without you, the chances of denial are high if this relative is self-sufficient and healthy.
When denials like these happen, you can file a motion to reconsider or reopen your case. You may also submit a new application. However, the chances of approval remain the same unless you prove to the decision-makers that the said relative is undergoing extreme hardships in your absence.
Factors Affecting the Chances of Approval
There are two main types of factors that can affect your I-601 waiver application.
Aggravating Factors
Aggravating factors refer to a prior violation of any specific immigration law, convictions, criminal charges, marital fraud, or arrests. Even if the qualifying relative has any of these factors on their records, it will be considered an aggravating factor against your application.
Sometimes, the reason for your inadmissibility can also work as an aggravating factor. So, you should identify it before applying for the I-601 waiver.
Mitigating Factors
Mitigating factors help overcome aggravating factors, especially when they are tied together. Supposedly, if an applicant has a criminal background, but they provide evidence of participation in a rehabilitation program, the latter becomes the mitigating factor supporting their application.
Also, if your unlawful presence in the country led to the issuance of I-601, evidence proving your actions in good faith and complete compliance with immigration laws can strengthen your waiver application.
In any of these cases, it’s always better to consult an immigration attorney in Stockton CA to find the best factors and evidence for improving the chances of approval.