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601 and 601A

Alexandria, VA |

i am going to fill 601 waiver and question is: i hear that usually person who fills 601 (with i485 case , based on marriage with amer. citizen. I came here wth B2 visa and overstayed 2 years) has to go back to native country to wait desision.
So, if i have to go back to my country and wait answer, how i can get back evading 10 years bar for overstay..And i cant fill 601A becouse if i filled i485 i cant use 601A.
So, what to do?

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Attorney answers 3


601 waivers are very complicated. Id highly recommend you hire an attorney. I was recently hired to re-do a 601 for a client who tried it on his own, and is now stuck out of the country as a result. Its much more prudent to invest in a lawyer fr the get go and minimize the separation of your family as much as possible.

This answer is for general information only and is not intended as legal advice regarding your specific situation. In order to assess your legal matter properly and obtain legal advice, you must contact an attorney directly. Provision of this general information does not create an attorney-client relationship.


You might not even need a waiver if this was your first time coming to the US, you entered with a visa, and have not left since. I strongly suggest you consult with an Immigration attorney as soon as possible to evaluate your case.

Even if you do need a waiver, I do not encourage you to do it on your own.

[This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]


You do not have to leave the United States if you filed for adjustment based on marriage to a US citizen because you entered with a visa. The entire process can be completed here in the US. Best thing to do is hire an experienced immigration attorney.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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