My immigration case was administratively closed, can I apply for a green card under the I601A waiver?

Asked 7 months ago - Corpus Christi, TX

I've been living in the U.S for 13 years, have a U.S citizen wife and two daughters, good job and never been in trouble with the law. I had a deportation in 2004 I was 15 voluntary departure, less than 30 days in Mexico before I came back unlawfully , and in 2011 ICE raided my work place and was sent to immigration jail, got out on bond and my case was administratively closed 8 months ago, I have the DACA permit, but I want to apply for a green card, I read there was a special unlawful waiver(I-601A) for people that had their case administratively closed and were applying for permanent residency? Do you think I might qualify or do I have other options to become legal? thank you for taking your time to answer

Attorney answers (5)

  1. Giacomo Jacques Behar

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    Answered . Administrative closure in and by itself does not help you to get a green card. Your case has to be recalendared and terminated after your I -130 and waiver are granted. One could theoretically obtain a green card by consular processing in Ciudad Juarez by filing , but filing a 601A waiver stateside if your only violation is unlawful presence. You will unlikely qualify for this however, because you have other problems: you re-entered the country without inspection after having been deported so that a "permanent bar" may apply. This means you cannot apply for a waiver for 10 years since your last departure from the US. You have other complex issues, so please consult a competent immigration attorney to sort them out and find the best suitable solution for you.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. Christopher Edmund Ward

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    Answered . As mentioned, the admin closure of your removal is not a termination of the action. You have some rather complex issues to deal with: VD at 15, EWI re-entry, USC spouse with USC children plus adding the admin closure and DACA. I highly recommend you contact an immigration attorney in your area and although there are some procedures an individual might do pro se, yours is definitely not one of them.

  3. Gabriel Jimenez

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    Answered . Hello. I think one of my colleagues mentioned this, but the thing that stood out for me was was the possibility of what's called the "permanent bar" which is to say that you would have to leave the country and remain there for 10 years. However, one thing that is unclear: were you deported or did you obtain voluntary departure? That remains unclear and may be important.

  4. John Benjamin Moore

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    Answered . By your timeline it appears that you had lived in the United States for more than a year prior to 2004 when you were either deported or received voluntary departure. Depending on some additional facts, you may have been "unlawfully present" during that period. (Don't assume you were, only a competent immigration attorney can determine if you were.) If you were, then the manner of your re-entry could be a problem, triggering the permanent bar that others have mentioned. You say you "came back unlawfully", but again, talk to an immigration attorney to determine whether the facts of your reentry will cause you problems or not. Also, because you were granted DACA, there may be some creative solutions to any potential problems you have.

    Finally, the Senate bill for immigration reform contains a waiver that is broader than the one that currently exists, and would help you immensely. That waiver is not considered the "amnesty" portion of the Senate bill that many House Republicans oppose. Your Representative, Congressman Blake Farenthold, sits on the House Judiciary Committee, and therefore plays an important role in determining whether immigration reform generally, or the new waiver specifically, gets passed. Consider organizing a meeting between immigrant advocates in Corpus Christi and Mr. Farenthold to bring pressure to ensure that the House passes an immigration bill that includes that new waiver (212(w) waiver).

    The preceding statement was generalized information only and cannot be relied upon the same way legal advice in an... more
  5. Allen Curtis Ladd

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    Contributor Level 8

    Answered . Congratulations on being approved for DACA! I understand you left under Voluntary Departure at age 15. If correct, this means you do NOT have a non-waivable (or "permanent") 10-year unlawful presence bar. Instead, it could be waived, by filing the Form I-601A. But before you can do that, as my colleagues have said, you must get the Immigration Judge to terminate, not merely administratively close, your 2004 removal proceeding. Now that you have been approved for DACA, and are in a good-faith marriage -- and assuming your wife has filed Form I-130 for you -- you can take your case to an experienced immigration lawyer. in your area. He or she can advise how best to handle this. Buena suerte y felcidades.

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