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Am I able to come back to the U.S. if my 601 waiver application is approved?

Houston, TX |

I came to the U.S. legally. I am subject to the 10 year bar. I have no criminal record. My wife is also out of status. I have 2 children who are U.S. citizens, 12 and 14. I have an approved EB3 I-140, and my priority date will be current sometimes this year. Once the priority date become current, I plan to leave the U.S. and file I-601 waiver application to a U.S. Consulate. Am I able to come back to the U.S. if the waiver application is approved?

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Attorney answers 3


This question is too complex and requires a very detailed analysis of your situation. The i601 waiver is not a simple application and in order to file an i601 you need to be married or engaged to a US citizen or resident or have parents who are citizens or residents. It seems like you do not have a qualifying relative and therefore would not qualify to file an i601 at this time unless your parents are USCs or LPRs.

I highly recommend you actually have an attorney consultation on the best course of action for you rather than posting a question on Avvo.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.



Thank you very much for your input.


Your I-601 application will be denied. You do not have qualifying relatives. US citizen children are not qualifying relatives for unlawful presence waivers. You need to meet with an experienced immigration attorney.

Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.



Thank you very much.


I also agree with my colleagues. US citizen children are NOT qualifying relatives for I-601 waivers. Only USC or LPR spouse or parents.

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