Discretionary Factors In Obtaining Approval of an I-601 Waiver
Because the relief afforded by an I-601 waiver is discretionary, an alien must show not only that (s)he meets the statutory requirements and hardship to the qualifying relative, but also that (s)he is worthy of a favorable exercise of discretion. Therefore, a number of factors can either help or hinder the exercise of favorable discretion by U.S. Citizenship and Immigration Services. Below is a non-exhaustive list exemplifying the types of positive and negative factors the adjudicators of I-601 waiver applications take into account.
- Positive Factors
- Alien voluntarily pursued waiver process
- Alien had a bona fide and reasonable belief (s)he complied with the law
- Alien has been married and/or had U.S. citizen or lawful permanent resident children for a lengthy period of time
- Alien has U.S. citizen children in common with the qualifying spouse
- Alien has been involved in community service or volunteer programs
- Alien has affidavits attesting to good moral character and exemplary service to others in the community
- Alien had affidavits from priests, ministers, nuns, etc., who attest (s)he is a valued member of a religious organization
- Negative Factors
- Qualifying relative is a native of alien's home country and immigrated to the U.S. as an adult
- Waiver unavailable to aliens committing similar violations under current law
- Alien ignored an order of removal or violated voluntary departure
- Alien previously married to a different U.S. citizen
- Alien has a significant history of misrepresentations
- Alien accused at any point of marriage fraud
- Alien or qualifying spouse/fiancé(e) has multiple previous marriages
- Alien or qualifying spouse/fiancé(e) divorced immediately preceding current marriage
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