Thank you very much for this blog.been on the web all day trying to find something meaningful to what me and my wife is going through right now and i believe this is the best place to do this.I was placed in removal proceedings and granted voluntary departure but did not know much about this waiver(my fault) till I had left the country.my question now is,since I am already out of the country,I have an approved I-130,can we apply for the waiver and if so,are we to apply from the USA or outside the country.Thank you very much
Yes, assuming you are eligible, your wife can file for a waiver on your behalf and she will have to do so from within the United States. Make sure she hires a competent immigration lawyer in her area to prepare the waiver, as those are not easy to prepare and be approved.
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The I-601a waiver is only for foreign nationals inside the United States. Since you reside outside the US you will have to file the waiver at the US consulate. It is best to have an attorney assist with the waiver.
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Hire an immigration attorney here in US. Pulling it through on your own is going to be a challenge, which may prove above and beyond your reach.
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If you are outside the US and if you are inadmissible to the US and if you are eligible to file a waiver, then you would need to file Form I-601 (and NOT Form I-601A). I strongly suggest that you work with an experienced immigration attorney, as waiver applications are complex.
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I suggest that you work with an immigration attorney. You don't want to risk doing these on your own.
The information on this website is not intended to be legal advice.
You cannot file an I-601a for two reasons: 1. you are outside the US, and 2. you need to waive more than just unlawful presence.
You need to file an I-601.
The Court of Appeals for the Third Circuit has stated that "Many courts have recognized that 'our immigration statutory framework is notoriously complex'" and that it is "ever changing"
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.