John Elledge & Assoc PC
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A bilingual law firm serving Shenandoah Valley and the surrounding areas of Virginia.

Understanding deportation and the 601 waiver

Deportation involves the removal of non-citizens from the United States. If a person is not a U.S. citizen, does not have a visa or green card, and has no legal status for being in the country, they may be deported and returned to their nation of origin by the government of the United States.

However, many of the individuals who come to Virginia and the rest of the states of the nation do so to find a better life and to support their families. For some, being sent away from the United States can impose extreme hardships upon those they love.

Many of the natural consequences of a deportation do not arise to the level of extreme hardships in the eyes of immigration laws. For instance, splitting up families by having some stay in the United States and sending others away does not qualify as an extreme hardship. Also, causing a person to lose their job in the United States and therefore their ability to support their loved ones is also considered a regular consequence of deportation.

However, when the consequences of a deportation are significant, a person may be able to apply for a 601 waiver to stay in the United States without having to serve a statutorily set decades-long period of absence in their native country. Examples of extreme hardships may include caring for a sick loved one or avoiding the return of an immigrant to a war-ravaged home nation.

Crafting a 601 waiver application can take time and legal know-how. An immigration attorney may be a person's best source of support for seeking help to stay in the United States despite pending deportation threats. This post provides no legal advice and readers should talk to their attorneys about their immigration options.

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