Author: I-601A Provisional Waiver attorney
According to the recent I601A provisional waiver statistics by the National Benefit Center From March 4 – September 14, 2013:
- 23,949 applications received by Lockbox
- 75% accepted for adjudication
- 25% rejected
- 5,892 applications adjudicated by NBC
- 59% approved
- 39% denied
- 2% administratively closed
- 2,292 applications denied by NBC
- 48% denied due to “reason to believe” inadmissible on other ground
- 41% denied due to failure to establish extreme hardship
As such, it is obvious that a hefty number of the applicants lost their chance to have their cases reviewed due to the incorrect submissions: 25% of all the applications were rejected and returned to senders. Out of the denied applications, 48% were denied most probably that people who filed the applications did not go through a thorough analysis as to whether the beneficiary can be denied on the grounds other than 3/10 years bars of inadmissibility. All these clearly evinces that those applications were either filed by pro-se applicants (applicants who did not have a lawyer helping them) or because the “help” they got was not experienced and/or knowledgeable enough to provide high quality service.
As a result, applicants lost precious time and money; but perhaps the most devastating loss, is a loss of hope of ever become “legal” in the US.
A successful application starts with a clearly and detailed assessments as to whether a person can apply and benefit from the I-601A waiver; whether he/she has other options; whether his/her prior immigration and criminal history (if any) will present a problem; and whether a person sustains a chance to win his/her case.
The last assessment is the most problematic one and depends largely on preparation and personal situation of the applicant. The questions that must be answered are: what hardships the applicant’s US relative will suffer if the applicant has to relocate and stay in his/her home country. This is not an easy question as there is a body of case law stating that a mere separation of the family members does not qualify for the hardship necessary to get the waiver. Only an attorney familiar with the recent cases and developments in Immigration law will be able to make a close assessment. Nobody can provide a 100% assurance, but an experienced practitioner can make a pretty good educated guess.
If you need help in evaluating your chances for I601A provisional waiver, call New York Immigration attorney ALENA SHAUTSOVA 917-885-2261