Where to file the I-601 waiver when you are in removal proceedings, but out of the country?

Asked about 1 year ago - Orlando, FL

The alien entered without inspection and was ordered removed in absentia. Having no knowledge of the removal order he left the country to pursue an immigrant visa as the spouse of a U.S. citizen. The consulate denied him the visa explaining he had been removed form the U.S. The alien's removal proceedings were reopened and the order of removal was rescinded. To continue with his immigrant visa process, an I-601 waiver of unlawful presence needs to be filed. He has an upcoming court date in December in which the judge was very adamant about his attendance. The consulate will not allow him back in the U.S. without an immigrant visa.

Where does the I-601 waiver get filed, Court or USCIS?

Attorney answers (5)

  1. Stephen D. Berman

    Contributor Level 20


    Lawyers agree

    Answered . USCIS. If you have no attorney, get one. You may need ICE to help get him parolled back into the U.S.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. Nicolas Andres Olano


    Contributor Level 15

    Answered . Contact an immigration lawyer. If the proceedings were reopened for lack of service of the NTA then the lawyer who reopened them needs to receive a nice fat bar complaint for incompetent as he or she should have sought termination too.

    This is not legal advice and a client attorney relationship is not created. You should not rely solely on the... more
  3. Tiffany Coburn

    Contributor Level 8

    Answered . Form I-601 is filed with USCIS. I am currently working on a case with similar facts. I recommend that you contact an immigration attorney to discuss your options. Many attorneys offer free consultations. Good Luck!

  4. Irene Vaisman


    Contributor Level 20


    Lawyer agrees

    Answered . It is filed with USCIS. The Form has clear instructions on where to file. Seriously consider working with an attorney. You may need to request humanitarian parole in order to be present at the court hearing.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a... more
  5. Robert Louis Brown


    Contributor Level 19

    Answered . It is filed with CIS. Seek legal assistance with both the removal proceedings and the waiver process,

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