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Can i file my I 485 along with waiver I 601?

Boston, MA |

Due to an inadvertent error, my extension of H 4 status was not filed along with my husband .(he is in H1 VISA).I left U.S without realizing this (six months after the expiry of i 94 but less than 1 year) I triggered the three year bar. But I was granted NON-IMMIGRANT WAIVER [INA 212 (D)(3)(A)] along with H4 visa. My daughter who is also in H 4 visa also travelled with me ,but since she was 5 years old at that time ,she did not accrue unlawful presence.

Right now my husband's priority date is current. Will it be possible for me to apply I 485 and I601 staying in U.S .without leaving the country.

I have two daughters .One is seven years old and the other is three years old. My three year old daughter is a U.S. citizen.

Note : My H4 is valid till 2014.

Attorney Answers 2


  1. You do not need an I-601 for the prior overstay. Last admission counts.

    San Francisco Immigration Attorney for removal defense, all work visas and avenues to permanent residence, investors, and naturalization. Call 415.834.0600 for free phone consultation - mention Avvo! 235 Montgomery Street, Suite 728, San Francisco, CA 94104 / www.lawbridges.com


  2. I disagree. You should submit an I-601 waiver for your previous unlawful presence in the U.S.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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