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.

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.