I came to the U.S. legally. I am subject to the 10 year bar. I have no criminal record. My wife is also out of status. I have 2 children who are U.S. citizens, 12 and 14. I have an approved EB3 I-140, and my priority date will be current sometimes this year. Once the priority date become current, I plan to leave the U.S. and file I-601 waiver application to a U.S. Consulate. Am I able to come back to the U.S. if the waiver application is approved?
This question is too complex and requires a very detailed analysis of your situation. The i601 waiver is not a simple application and in order to file an i601 you need to be married or engaged to a US citizen or resident or have parents who are citizens or residents. It seems like you do not have a qualifying relative and therefore would not qualify to file an i601 at this time unless your parents are USCs or LPRs.
I highly recommend you actually have an attorney consultation on the best course of action for you rather than posting a question on Avvo.
Dhenu Savla, Esq.
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