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How long will it take to become a Permanent Resident with the new I-601a starting march 4th? and am i eligible?

Phoenix, AZ |

Currently i was approved for DACA, my Husband of 5 years is a Naturalized US citizen, and i've been in the US for 23 years. We wanted to know if it would take long to adjust my status considering that my income helps support both of us and me being gone for months even years will affect our livelihood.

Also, I entered the US without a Visa

Attorney Answers 5

Posted

First, congratulations on your DACA approval.

If you entered the U.S. without inspection or are otherwise ineligible to adjust your status in the U.S. (entered with a C1 visa, etc...), and you are not grandfathered under Sec. 245(i), then you are correct that you may need to file an I-601A in order to became a US permanent resident. However, please understand that the I-601A process is NOT adjustment status. This process requires (1) the filing and approval of a petition from your spouse Form I130; (2) the filing and approval of the I-601A, and (3) once those two petitions are approved, your case will then be sent for an immigrant visa interview in your country's Embassy/Consulate. We do not yet know how long immigration will take to process all these cases, but the entire process from start to finish would likely take about 1 year. The great part is that you will only need to leave the U.S. for a short period, as the I130 and I601A will be processed while you are here in the U.S.

It is impossible to answer your question about your chances for qualifying for a waiver. Waiver cases must be well documented and prepared. The hardship that your US citizen spouse must establish can be a challenge unless you work with an experienced immigration attorney. You may also have other alternatives to an I-601A, so I strongly recommend you consult with an immigartion attorney.

(407) 478-1111. Carlos M. Colombo is an immigration attorney with more than 14 years of experience in all aspects of U.S. immigration law. Mr. Colombo's response to the question above is general and does not create an attorney-client relationship. You should retain an experienced immigration attorney to review all details of your case.

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Asker

Posted

So lets say best case scenario the i-601a is approved and I depart to mexico for my interview, after the interview is over i will be able to come back and wait here in the us?

Carlos Marcelo Colombo

Carlos Marcelo Colombo

Posted

If your waiver is approved and you go to your visa interview and everything goes well at the interview and you are approved, you will receive your immigrant visa package, which means you have been approved for US permanent residency. You will return to the U.S. as a permanent resident, and your card will arrive in the mail a few weeks after entering the U.S.

Asker

Posted

OK I understand now, Thank you :D

Posted

As the spouse of a US citizen, you do not need a 601A waiver. You are eligible to adjust your status without leaving the US.

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Asker

Posted

Even if I entered without a VISA

Obadan Unuigbojie Iziokhai

Obadan Unuigbojie Iziokhai

Posted

Sorry, that is different. We are expecting a guidance on whether DACA I-94 can be used to travel out of the country. Until then, best not to travel out.

Posted

Unless you are protected under 245(i), you cannot adjust in the US just yet. You need to consult with an experienced immigration attorney to understand the risks involved in applying for advance parole. If USCIS approves advance parole for you, once you travel and return to the US with the travel document, you become eligible for adjustment of status. Otherwise, you appear eligilble for the provisional waiver. See a lawyer to understand the process and risks. Good luck.

714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

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Posted

You cannot file for adjustment of status, but it will take about a year to immigrate if you get the waiver granted.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Asker

Posted

Why?

Posted

You need to speak directly with an attorney who can guage whether you would qualify for an "extreme hardship" waiver. There are many factors that must be addressed to determine if it is worth filing. My firm handles these cases.
Regards,
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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