I601A Question

Hi,

My employer is about to file I-140 for me with me filing I601A later. But, I have some questions about the process:
- After I-140 is approved, how long do I have to get I601A approved? In other words, does I140 approval ever expired and considered as application denied?
- In case of application being denied, will I be affected by the recent change that issues Notice to Appear for denied applications?

Thanks in advance!

If I am not mistaken, once your I-140 gets approved, it will be sent to the National Visa Center. I don't believe your I-140 will expire, but the visa application at the NVC does have a 1 year expiration. So, you need to call the NVC at least once a year to keep your visa application alive.

As long you keep your visa application alive, I believe you can take your time getting the i-601a application approved. Which does bring up a question... during the I-601a application process they will ask you to:

"demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent.".

My assumption is that you have a U.S. citizen or Legal Permanent Resident spouse or parent to qualify for a the 601a waiver. If so, why not apply for I-130 instead?

https://www.uscis.gov/family/family-...esence-waivers

Thanks for the reply! My mom is getting a green card soon, so it will take so much time for her to sponsor me but I can still get sponsored by my employer but get a waiver from her.

If you don't mind, do you know how long does I601A waiver itself take?

I heard it is 6-8 months. However, you might need them to transfer your i140 to NVC in order to start the I601A, which i heard it is taking a lot longer this year.

That's what i've been hearing also. Somewhere between 6-8 months.

No need to worry about transferring the i-140 to NVC. The USCIS will do that automatically. It takes them 1-2 weeks for to transfer your file to the NVC. The only thing that is currently taking a long time at the NVC stage, is getting a case number.

By the way, once I-140 is approved, Can I make it alive indefinitely?

You'll need to keep your visa application alive, once it gets transferred to the NVC. You can do that by calling them once or twice a year about your case.

DACA holders are eligible to benefit from I-140 PERM?

I am assuming you will file I-601A to waive unlawful status for 3/10 bar?