I601 requirements

[Eliruiz1206 0]

My mom recently had her immigration appointment in Juárez Mexico but got denied because upon her crossing she also brought into the USA 3 kids (hers of course) but that’s considered smuggling. She needed 2 waivers but her lawyer only did one for her overstaying pass the 365 days, so know we need the I601. The lawyer is saying that with that waiver now an immediate citizen/ resident family member my dad in this case would have to proof hardship? But I also spoke with another lawyer and his saying all that needs to be done is the filing of the I601! Anyone that know of have experience same situation? 

[EA and MK 51]

I would encourage you to read form I-601 instruction, page 12 in particular, which you can find on the USCIS website. You will need to hire a lawyer that specializes in I-601s. But the facts used to prove extreme hardship for the 601 need to come from your dad, the petitioner.

 

But essentially - Your mom must demonstrate that her qualifying relative (U.S. citizen/LPR petitioner) will suffer "extreme hardship" if she is not admitted. There is no getting around this, and is always required for an I-602 response.

 

Extreme hardship is a difficult standard to satisfy. Per USCIS: Common results of removal or separation — such as sadness, missing a spouse, difficulty adjusting — are expected and therefore not “extreme” by themselves. Therefore, the hardship waiver must be well-documented and carefully prepared. Again, emotional hardship is not extreme hardship.

 

For the unlawful presence, the inadmissibility expired February 2026. You'll need to confirm if that's accurate, otherwise you'll also need to include it in the 601.