Unfortunately, no. 601A is only for those physically present in US at time of application. Furthermore, individuals who have been present in the US for more than one year who then leave and re-enter illegally are not eligible (this is a ground of inadmissibility). The only ground of inadmissibility the new waiver acts to cure (waive) is unlawful presence. Keep your head up though, the traditional waiver could be accepted, particularly if you chose an immigration attorney to help you. Good luck.
Alvaro De La Calle
Calle Law, PLLC
I agree with counsel that the waiver is available only if your husband was present in the U.S. It may be a good idea to have an attorney review your paperwork.
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I-601 and I-601A are waivers for inadmissibility. In case of the I-601A Application for Provisional Unlawful Presence Waiver person has to be physically present in the USA when application is made. It helps only to the extent of unlawful presence. I-601 is applicable to the other grounds of inadmissibility.
In your case you have right option of I-601 waiver which is currently pending.
Universal Immigration Centers, e-mail: email@example.com of Steve Kassam 951.566.4050 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case. The statement above does not create an attorney/client relationship. Answer is provided for informational purpose only.