As you can guess by my question my friend is an illegal that has overstayed for over 1 year. I have already filed a I-130 for the individual and their spouse. We are working on collecting all the paperwork needed for the I-485 but I want to know if I can file the I-601A first since a relationship (marriage) to a US citizen has been established with the I-130 and the fees have been payed for that form as well.
Did your friend enter the country illegally? If not they may not be a need for the waiver. An I-601A waiver is very complex and your friend should consult an immigration attorney to make sure that everything is done accurately and completely.
Alexus P. Sham email@example.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
If you truly want to help your friend, then lend or give him a fistful of dollars with which to at least schedule a private consultation with an immigration lawyer to properly understand the process ahead, before some fatal mistakes are made. No none files a waiver on his/her own. Those that do without the expert guidance of an immigration attorney are doomed to fail.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If you really want to do your friend, and yourself, a favor, tell him to consult with an attorney. That way, he can obtain quality professional representation and you can avoid practicing law without a license.