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What should we file a I601 or i601a?

Fresno, CA |

My husband entered the USA illegal in Dec 1998. Immigration officers caught him 5 minutes before arriving to Indio CA. He was sent back to Mexico. They did took pictures and fingerprints, but he was not told that he was deported or anything. Ten days later he tried and passed again, this time they did not caught him. He has no criminal record, he has not been outside USA since that time. I am a US citizen, we have been married for 5 years, and he already has the I130 approved. Can we file the I601a or do we have to file the I601 instead? Thank You

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Attorney answers 4

Best Answer

In cases like this it is very important to Request FOIA from DHS and Background check from FBI to ensure that your husband in fact received only a Voluntary Return and not an Expedited Removal Order (both FOIA and FBI check would show any removal order). If he in fact received removal order, he might not be eligible for a waiver until he spends 10 yrs abroad. The best would be to contact an attorney to fully review your case and to obtain all government records.

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These legal determinations must be done after a careful in person review by the selected counsel of record.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


Your question shows you could really benefit from working directly with an immigration attorney on this.

Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


Waiver of Grounds of Inadmissibility is a very difficult process. My advice is DON'T do it yourself. This is not like filing a simple I-130 case. You must talk to an "experienced" immigration attorney.

Not a legal advise nor it creates an attorney-client relationship.