Yes, assuming you are eligible, your wife can file for a waiver on your behalf and she will have to do so from within the United States. Make sure she hires a competent immigration lawyer in her area to prepare the waiver, as those are not easy to prepare and be approved.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
The I-601a waiver is only for foreign nationals inside the United States. Since you reside outside the US you will have to file the waiver at the US consulate. It is best to have an attorney assist with the waiver.
Alexus P. Sham email@example.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
Hire an immigration attorney here in US. Pulling it through on your own is going to be a challenge, which may prove above and beyond your reach.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
If you are outside the US and if you are inadmissible to the US and if you are eligible to file a waiver, then you would need to file Form I-601 (and NOT Form I-601A). I strongly suggest that you work with an experienced immigration attorney, as waiver applications are complex.
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You cannot file an I-601a for two reasons: 1. you are outside the US, and 2. you need to waive more than just unlawful presence.
You need to file an I-601.
The Court of Appeals for the Third Circuit has stated that "Many courts have recognized that 'our immigration statutory framework is notoriously complex'" and that it is "ever changing"
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 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 in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.