People may be able to avoid deportation through a 601 waiver

People may be able to avoid deportation through a 601 waiver

On Behalf of Coughlon Law Firm, PLLC. | Oct 19, 2020 | Immigration

People may be able to avoid deportation through a 601 waiver

On Behalf of  | Oct 19, 2020 | Immigration

Many people from other countries have moved to Phoenix to begin a new life in this country. People move here for many different reasons, but in order for people to be here legally, they must apply for and receive visas, asylum, green cards or other forms of obtaining legal status. Those who are here illegally face the potential consequence of being deported. Those who have been in the U.S. illegally for at least a year may not be allowed to seek legal residency for at least ten years of being outside the country.

However, there are potential deportation defenses available to people in this situation. One of those potential defenses is referred to as 601 waiver. This waiver would allow a person to avoid the requirement that they must leave for 10 years.

Eligibility requirements for 601 waiver

In order to receive a 601 waiver people must show that the 10-year banishment from this country will cause extreme hardship. When demonstrating an extreme hardship there are four different levels of hardships that people can demonstrate. Those in level 1 are the most extreme.

Level 1 Hardships include significant illnesses or other medical conditions that make travel dangerous. Also, if the people’s home country is at war it can be a level 1 hardship. Level 2 hardships include having a close relative who has a significant medical condition or their home country is in political unrest and may be on the verge of war. Level 3 hardships include relatives who have major problems making travel difficult or the living conditions in their home county are very poor. Level 4 hardships include needing to pay debts or having aging parents.

Generally, if people in the Phoenix area can prove level 1 hardships they have a much better opportunity for avoiding the 10 year banishment. However, showing many of the lower level hardships could amount to an extreme hardship necessary for avoiding the banishment. These are very complicated matters with serious consequences. Consulting with experienced attorneys could be beneficial.






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