Quote:
Originally Posted by Malign0n
Not automatically, if you're a visa overstay, you would have to file the I-601 for both unlawful presence and/or illegal employment.
For those who EWI and get AP, once back in the US, they are considered to be lawfully present and under a status for purposes of Adjustment of Status.
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No, you do not need a I601 if you are a visa overstayed. You will adjust normally if you are just a visa overstayed and you do not need to file a waiver for working in the US unlawfully...
I-601 waiver to is waive unlawful presence if you have NEVER been lawfully admitted to the US, it also waives criminal convictions like POM (poss. of marijuana) among others.