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

Asked 9 months ago - 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. F. J. Capriotti III

    Contributor Level 20

    10

    Lawyers agree

    1

    Answered . 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... more
  2. Carlos Andres Lopez

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . 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.

  3. Alexus Paul Sham

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more
  4. Robert Louis Brown

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . 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

  5. Ji Min Kim

    Pro

    Contributor Level 13

    6

    Lawyers agree

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

  6. Phuntsok Jimmy Namgyal

    Contributor Level 5

    2

    Lawyers agree

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

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