A waive through is an issue. There is recent case law on this issue. A I-601A may be advised. But, consultation with an immigration attorney is advised.
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Lack of evidence or you entered without inspection?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Hard to say with the limited information you provide. Consult an immigration attorney in your area to discuss your case and options in detail. Good luck.
You should get an second opinion before switching to I-601A case. Many USCIS offices/officers insist on having tangible evidence of admission under Quilantan, especially for entries from Mexico but not Canada (i.e., they often claim a self-serving statement from the applicant is not sufficient). The questions are whether you have exhausted all the possible evidence to present and whether you have faith in immigration judge who could independently assess your credibility (assuming you don't have any tangible evidence).
You should remember that your I-601A could be denied under the "reason to believe" ground for being subject to a misrepresentation ground, depending on the circumstance of your Quilantan claim. If so, are you willing to do the visa interview first and do I-601 for both unlawful presence and misrepresentation (which means you will be overseas for a well over a year).
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
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