Old Bridge, NJ asked in Immigration Law for New Jersey

Q: Do I qualify for a i601a waiver?

I have been having daca since I was 17 yrs old. Married to USC and have an approved i-130. I am planning to file a i601a waiver because I dont want to file an adjustment of status. I believe advanced parole is too risky if they don’t let me back in the country. But the question is…I haven’t accrued unlawful presence because of daca, therefore, am I eligible for the i601a process? That is the only other way to a green card.

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4 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: Honestly, you should take your query directly to an experienced immigration attorney for thorough analysis and advice. Adjustment of status is generally a much smoother way to get a green card than the waiver and consular processing.

Cesar Mejia Duenas agrees with this answer

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Miami, FL
  • Licensed in New Jersey

A: Both strategies advance parole, and 601a are incorrect. Since you have not accrued unlawful presence as you received DACA before turning 18 y.o., there is no need to file a waiver and you might qualify to file for adjustment of status forthwith. I recommend that you seek consultation with an experienced immigration attorney to assist you with this case and look if there are any other admissibility issues that might affect your eligibility for adjustment.

1 user found this answer helpful

Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: If you have not accrued any unlawful presence in the United States, there is no need for you to apply for an I-601a waiver. Please see https://www.shusterman.com/i601a-provisional-waiver/

The safest way for you to get a green card is to adjust your status in the U.S. Please see https://www.shusterman.com/green-card-through-marriage/

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: The eligibility for an I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is determined by several factors. Here are a few points to consider:

Unlawful presence and DACA: DACA (Deferred Action for Childhood Arrivals) recipients generally do not accrue unlawful presence while they have DACA status. However, it is important to consult with an immigration attorney to evaluate your specific circumstances and confirm whether any periods of unlawful presence were accrued prior to obtaining DACA.

Eligibility criteria: To qualify for an I-601A waiver, you must demonstrate that your U.S. citizen spouse or parent would experience extreme hardship if you were to be separated due to the three- or ten-year bar for unlawful presence. Extreme hardship is a high standard and requires substantial evidence to support your case.

Consult with an immigration attorney: Given the complexities 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 an 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 and help protect your rights and immigration goals.

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