Immigration Law Immigration Lawyer

US Marriage & Fiancee Visa Immigration Attorneys

Over 11,000 K Visas obtained - over 1,400 in 2009
20 years devoted to Marriage & Fiancee Visa(s)
Shorter waiting period
We do the work - not you

Testimonials From Clients
"...All of you were very patient with us, exhibited ultimate professionalism and knowledge, and you all made the process for us extremely quick and painless. It is clear that without you guys we would still be on square one because there are simply too many avenues to go wrong..."
Dragos in Virginia
Fiancee from Romania (more)
"...[foreign fiancee] did say the other people in Warsaw who were trying to get the K1 without lawyers help did not get the visa. I'm glad I found you on the Internet and trusted you could help me in this matter thanks to you and your staff, Allan..."
Jeff S. in Nevada
Fiancee from Poland (more)
"...You have helped bring a pleasant outcome a very long and drawn out process due mostly to Uncle Sam. I like how promptly you responded to any of my e-mail requests and phone calls requesting information..."
Matthew in Ohio
Fiancee from Ukraine (more)
"...Also, the petitions processed faster than the average time expectancies listed on government websites for such petitions. Thanks for a job well done!..."
Casey G. in Louisiana
Fiancee from Philippines (more)
"...It can be said that such results achieved through legal service is only a matter of payment. I simply cannot agree ... The USCIS are rightfully careful. Lolly and Associates made it seem easy..."
Claude F. in Oregon
Wife from Nigeria (more)
Check Up on Us
Click to verify BBB accreditation and to see a BBB report.
 
Active participant with the Better Business Bureau since March 14, 2002.
Highest Rating Given by the BBB - A+
Ratepoint 5 stars
 
Consumer Rated 5 stars with non-biased reviews and 3 Awards
Member of AILA
 
Active member of the American Immigration Lawyers Association since June 29, 2000.
 
Contributing Lecturer
Email Consultation
Name:
Email:
Phone:
Ext:
Time to Call:
 
Preferred Contact Method:
 
Email: Phone:
Reason for Contacting Us:
 
 
Bookmark and Share
 

601 Waivers

 

Toll Free Phones for
Clients in All 50 States

800-USA-IMMIGRATION
800-872-4664

When a foreigner is barred from the U.S. the bar can sometimes be lifted based on a USCIS I-601 Waiver application. According to the U.S. Government Accounting Office, well under half of all foreigners who apply for 601 waivers are successful in obtaining one. This figure includes clients represented by legal counsel as well as those acting alone. It primarily includes couples, married or not. The result is that the vast majority of foreigners who are barred from the U.S. are not able to lift the bar and cannot enter the U.S. lawfully. Ultimately a couple must end the relationship, or the U.S. citizen must move abroad, or the husband and wife must reside in different countries.

Marrying does not necessarily solve the problem, especially if the foreigner is already outside the U.S. In fact, there is a court case on point which states that act of marriage should not be considered when deciding if a bar should be lifted. If the foreigner is in deportation proceedings and is still in the U.S. then a marriage can possibly be used as a means of temporarily delaying or stopping the deportation. However, it is not always in the best interest of the foreigner to fight deportation. Each circumstance is different. Hiring a qualified and experienced immigration attorney is important when trying to overcome a bar.

The most common reason for a bar is that the foreigner was present in the U.S. illegally. Unlawful presence in the U.S. for a period of more than 6 months triggers an automatic 3 year bar once the foreigner departs the U.S. No deportation order is required. The mere fact of being in the U.S. unlawfully for too long can trigger the bar. If the foreigner was unlawfully present in the U.S. more than 1 year, then the bar is for 10 years rather than three. If the foreigner is unlawfully present in the U.S. for any length of time, it is important to seek confidential advice from a qualified, licensed immigration attorney at your earliest opportunity in order to examine your options. Simply being out of status is a violation of immigration rules and has consequences.

Another common reason for a 601 bar is because the foreigner has made a misrepresentation before an immigration officer. When caught in a lie the foreigner is permanently barred from the U.S. and a 601 waiver must be sought. Yet another situation is where the foreigner has been convicted of committing certain crimes. Court ordered deportations can also result in a separate bar from the U.S. for a fixed duration. A 601 bar waiver can be used to try and set aside the deportation bar.

Each of these bars is separate and distinct from another. Sometimes there are several bars that overlap one another and the client is unaware of the situation. Clients often believe that a bar should not apply where the foreigner voluntarily departs the U.S. to avoid a deportation order. However, courts often avoid mentioning the foreigner can be barred from the U.S. even if the court does not issue a deportation order where voluntary departure is granted.

Who may apply for a 601 Waiver? A foreigner may apply for a 601 bar waiver if the foreigner is an immediate relative of a U.S. citizen. An "immediate relative" includes a husband or wife, fiancée, child or parent of a U.S. citizen. If the foreigner does not have a U.S. citizen immediate relative, then a 601 bar waiver application is not available.

Extreme Hardship

Simply having a U.S. citizen family member is not enough to succeed in setting aside that bar. Many Americans reside outside the U.S. with their families. You do not have a right to live with your family inside the United States. In order to set aside the bar and immigrate the foreigner, the U.S. citizen relative must suffer an extreme hardship if the bar is not lifted.

Every U.S. citizen who is forced to move out of the U.S. will suffer a hardship. Hardship alone is not enough. It must be extreme. In most cases, the U.S. citizen must generally show he or she is prevented from living outside the U.S. due to a serious and permanent situation. Your case must stand out above others, calling out for justice. If you cannot point to one or more hardships that are extreme and unusual, then there is a good chance the bar will not be lifted. From the standpoint of the U.S. government many Americans live outside the U.S., so why can't you do so?

Our law firm has practiced solely family based immigration for the past more than 18 years. We have successfully obtained more than 10,000 visas for relatives, including well over 100 waivers based on bars. This is our area of expertise. Of all those waivers, I can think of only one unfortunate case in which we could not get the bar lifted. Although we have successfully obtained bar waivers for many couples, we cannot guaranty success in your particular case. Licensed attorneys are not allowed to guaranty results, and it would be inappropriate to make such a guaranty.

What you should do is give us a call to discuss your situation and see what we can do. Bar waivers are tricky. You should not assume that you will be successful simply because an immigration officer has handed you a 601 form. Immigration officers who judge 601 waivers do not have contact with the public. They work in back offices. Immigration customer service representatives have no control over who will succede and who will fail. You should not be hasty in submitting your 601 waiver petition. A decision against you can be devastating. The damage is done and can be very difficult to unravel. Smart planning in advance is critical. Take some time and consider carefully before proceeding.

If you call us we do not charge for phone consultations. You may also go to the Contact Us page of our website to briefly explain your situation. Ultimately, a phone call should be necessary to discuss. We will want to determine whether in fact a bar applies or not. If so, we will examine the chances of setting aside the bar by use of a 601 waiver, and what it would cost for us to represent you.
 


Allan S. Lolly, Esq.
Allan S. Lolly & Associates APC
Immigration Attorneys
Toll Free in 50 States (888) 483-0311
New York (212) 483-0311
NY Fax (212) 483-0312
California (858) 483-0300
CA Fax (858) 483-0301
Email: Attorneys@k-visas.com