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DAP Forums > DREAM Act > The Lounge

I-601 waiver approvals?

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#1
09-16-2017, 05:44 PM
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Has anyone here been approved I-601 waiver? I am wondering since I am trying to convice the company i work for to submit a petition for alien worker for me. They have many questions regarding the Provisional Waiver part that would have to be submitted for me (DACA with overstayed visa). Does anyone know how long the process take. I consulted a lawyer and she said it could take 2-4 months. I only have my mother who is about to become a PR and do not really have strong case for I-601 waiver, but I would still like the opportunity to try.
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#2
09-16-2017, 09:43 PM
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I don't think with visa overstay you are eligible for adjusting status with i601 but only through marriage or be 21 or younger with USC parents. Unless you have 245i which in that case you may be eligible to get GC through your employer.
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#3
09-16-2017, 09:46 PM
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Quote:
Originally Posted by legodego View Post
I don't think with visa overstay you are eligible for adjusting status with i601 but only through marriage or be 21 or younger with USC parents. Unless you have 245i which in that case you may be eligible to get GC through your employer.
You are wrong.

I am going through the process, but haven't gotten to the waiver yet.

Are you going through the EB3 process? You'd then have to leave the country, which would trigger a 10 year ban unless your i601 waiver gets approved. Do you have a USC/LPR parent or spouse?
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#4
09-16-2017, 10:03 PM
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Quote:
Originally Posted by Marco956 View Post
You are wrong.

I am going through the process, but haven't gotten to the waiver yet.

Are you going through the EB3 process? You'd then have to leave the country, which would trigger a 10 year ban unless your i601 waiver gets approved. Do you have a USC/LPR parent or spouse?
Are you saying overstayed visa + AP + approval of i601 + employer sponsorship = GC?
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#5
09-16-2017, 10:13 PM
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Quote:
Originally Posted by legodego View Post
Are you saying overstayed visa + AP + approval of i601 + employer sponsorship = GC?
I'm saying successful employment sponsorship + approval of i601 = GC regardless of how you entered the US.
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#6
09-16-2017, 10:16 PM
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Quote:
Originally Posted by Marco956 View Post
You are wrong.

I am going through the process, but haven't gotten to the waiver yet.

Are you going through the EB3 process? You'd then have to leave the country, which would trigger a 10 year ban unless your i601 waiver gets approved. Do you have a USC/LPR parent or spouse?
Quote:
Originally Posted by Marco956 View Post
I'm saying successful employment sponsorship + approval of i601 = GC regardless of how you entered the US.
How would you get i601 approved if you don't have any USC family?
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#7
09-16-2017, 10:22 PM
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Quote:
Originally Posted by legodego View Post
How would you get i601 approved if you don't have any USC family?
You can't. You need a USC/LPR spouse or parent.
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#8
09-17-2017, 12:21 PM
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Quote:
Originally Posted by legodego View Post
How would you get i601 approved if you don't have any USC family?
You need a USC or LPR, Spouse or Parent.

The waiver can be used for any case, including DV Lottery. The relative need not be a sponsor so you can marry a USC and then seek an EB-3 and I-601A.

Another thing to consider is that if you marry someone before they get their green card you may be eligible to "follow to join them", e.g. you marry someone that's on the final stretch of EB-3 process, prior to green card issuance (lets just say that their I-140 and I-485 are already filed). Your spouse gets their green card. Now you can file DS-260 under that I-140, and I-601A using your LPR spouse to get consular interview under their EB-3 process.
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#9
09-17-2017, 11:54 PM
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Quote:
Originally Posted by Demise View Post
You need a USC or LPR, Spouse or Parent.

The waiver can be used for any case, including DV Lottery. The relative need not be a sponsor so you can marry a USC and then seek an EB-3 and I-601A.

Another thing to consider is that if you marry someone before they get their green card you may be eligible to "follow to join them", e.g. you marry someone that's on the final stretch of EB-3 process, prior to green card issuance (lets just say that their I-140 and I-485 are already filed). Your spouse gets their green card. Now you can file DS-260 under that I-140, and I-601A using your LPR spouse to get consular interview under their EB-3 process.
Interesting info. good to know
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