What should we file a I601 or i601a?

Asked 9 months ago - Fresno, CA

My husband entered the USA illegal in Dec 1998. Immigration officers caught him 5 minutes before arriving to Indio CA. He was sent back to Mexico. They did took pictures and fingerprints, but he was not told that he was deported or anything. Ten days later he tried and passed again, this time they did not caught him. He has no criminal record, he has not been outside USA since that time. I am a US citizen, we have been married for 5 years, and he already has the I130 approved. Can we file the I601a or do we have to file the I601 instead? Thank You

Attorney answers (4)

  1. Klaudia Hall

    Contributor Level 7

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    Lawyers agree

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    chosen by asker

    Answered . In cases like this it is very important to Request FOIA from DHS and Background check from FBI to ensure that your husband in fact received only a Voluntary Return and not an Expedited Removal Order (both FOIA and FBI check would show any removal order). If he in fact received removal order, he might not be eligible for a waiver until he spends 10 yrs abroad. The best would be to contact an attorney to fully review your case and to obtain all government records.

    The information presented at this site is for general information only and should not be constructed to be formal... more
  2. Peter Park

    Contributor Level 4

    Answered . Waiver of Grounds of Inadmissibility is a very difficult process. My advice is DON'T do it yourself. This is not like filing a simple I-130 case. You must talk to an "experienced" immigration attorney.

    Not a legal advise nor it creates an attorney-client relationship.
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    1

    Lawyer agrees

    Answered . These legal determinations must be done after a careful in person review by the selected counsel of record.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. Gunda Johanna Brost

    Pro

    Contributor Level 20

    Answered . Your question shows you could really benefit from working directly with an immigration attorney on this.

    Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely... more

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