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When should I file for an I-601A waiver?

Raleigh, NC |

I am a US citizen and am married to my husband who has been here illegally for 10+years. He came into the united states illegally without a visa. I filed an I-30 in 2010 and it was approved by the visa center but I had no contact with the visa center for over a year and the case expired? I called and the representative told me they would re invoice me. I paid for the invoices and have no idea what to do next. On the receipt it tells me to fill out DS260 or DS230. I would like to file the I601A, but when can I do this?

Attorney Answers 6


  1. You need to fill out the forms required by the visa center. Filing an I601-A is a complex form as you need documentation to support the granting of the waiver. Consult an attorney.

    Alexus P. Sham alexuspshamesq@gmail.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.


  2. It appears that now is the time to hire a lawyer to prepare the waiver application.

    These are VERY DIFFICULT. If denied it is really hard to get them approved a 2nd time around.

    Talk to a lawyer.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. Assuming your spouse is not in removal proceedings, you file the waiver application after payment of the fees to the NVC. Waivers are difficult to obtain and you would be wise to seek legal assistance.

    919.225.3963
    immigration@rbrownllc.com
    www.brownimmigrationNC.com

    Robert Brown LLC
    2330 Meridian Parkway, Suite 3050
    Durham, NC 27713


  4. I agree with my colleagues. You should probably contact an immigration attorney because you are right. you need to file I-601A.


  5. I agree with my colleagues. If your case expired with the NVC, you may need to file a new I130 and repay the NVC fees. Consult with an attorney.


  6. I-601A waiver is a complex process. It would be wise to talk to an experienced immigration attorney.

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