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After being approved for the I-601A waiver, can I just file for an adjustment of status?

Cedar Rapids, IA |

My husband came her illegally. We are now married with a baby and he really needs to work. I am a citizen. After being approved for the I-601A waiver do we go through the process for an adjustment of status or is there something else we need to do first since he entered the country illegally?

Attorney Answers 5

Posted

Congrats on getting the waiver approved! Under the newish I-601A program, one can apply for a waiver in the U.S., but still has to travel home for the immigrant visa. The provisional waiver program reduces the risk that such an applicant would travel abroad for an embassy interview, only to be denied the waiver and be stuck there for 3 or 10 years. Applicants whose waivers are approved under this program will most likely spend only a few days to a few weeks abroad instead of many months. Speak to an attorney for further information on how to proceed.

Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

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Posted

Or catch a flight to space too? No, you cannot file for adjustment of status. You should read the I-601A rules and instructions which can be found on www.uscis.gov. The are not long and very well explained. They even have demonstrative elements in that explanation like tables and charts. From them, it is very clear that this process would eventually lead you out of the United States and to consulate processing of your immigrant visa. It is just the waiver that you get in advance so, ideally, you would not need to wait long months away from your family. The more relevant question should be: Can my immigrant visa still be denied if I have the I601A approval?

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Asker

Posted

LOL, ok. Can my immigrant visa still be denied if I have the I601A approval?

Posted

Adjustment is not an option. You still need to consular process, but the time your husband spends outside the US should only be 7-10 days or so. Use an attorney to make sure things go smoothly.

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Posted

You got the hardest step finalized. Now, your case will be transferred back to the National Visa Center (NVC), where they will request payment of the adjustment of status fees ($88) and request civil documents. Upon receipt of all those documents, NVC will schedule your interview at the consulate. Please note, to complete the process, you must leave the U.S. & attend your interview aborad. Unfortuantely, you cannot adjust inside the U.S. because you entered without proper documentation.

Good Luck,
Enrique F. Mesa Jr., Esq.
603-296-2222

Phone: 603-296-2222; Email: LawServeAtty@aol.com. LawServe - 15 Stark St., Manchester, NH. The information provided is for informational purposes only, and is not to be construed as legal advice or a creation of an attorney/client relationship.

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Posted

No, because adjustment of status means from WITHIN the U.S. Having the waiver approved means you can do consular processing.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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