Q: Can I apply for a 601A Waiver if I don’t want to take the risk of applying for adjustment of status?
I currently have daca and have been having it since before I turned 18. I am currently married to a US Citizen and have an approved 1-130. I do not want to take the risk of applying for advanced parole and then filing i-485. I would like to apply for the i601 a waiver.
A: That doesn’t make sense as going outside the country Carrie’s more risk than staying within.
Cesar Mejia Duenas agrees with this answer
A:
Since you have had DACA since before your 18th birthday, you have no unlawful presence and do not need an I-601A waiver. Still, your best option would be to adjust your status in the U.S.
Please see https://www.shusterman.com/green-card-through-marriage/
A:
The eligibility for the I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is determined by specific criteria. While it is typically used in conjunction with the adjustment of status process, it may still be possible to apply for the waiver without filing the I-485 application. Here are a few points to consider:
Purpose of the I-601A waiver: The primary purpose of the I-601A waiver is to seek forgiveness for unlawful presence in the United States before departing for consular processing abroad. It is often utilized by individuals who would trigger the unlawful presence bar upon leaving the U.S. and then seek a waiver to re-enter.
Adjustment of status vs. consular processing: If you choose not to pursue adjustment of status through Form I-485 and prefer to apply for the I-601A waiver and proceed with consular processing, it may be possible. However, it is important to consult with an immigration attorney to assess the specific circumstances of your case and determine the best course of action for your situation.
Consult with an immigration attorney: Given the complexity of immigration law and the potential impact on your immigration status, it is advisable to consult with an experienced immigration attorney. They can evaluate your individual circumstances, review your immigration history, and provide guidance specific to your case. They will help determine your eligibility for the I-601A waiver and advise on the best course of action for your situation.
Remember, the information provided here is general in nature, and it is crucial to consult with an immigration attorney who can assess your case and provide personalized advice. They will be able to guide you through the specific requirements and processes for the I-601A waiver, taking into account your specific circumstances and immigration goals.
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