Quote:
Originally Posted by passiontea
You really don't need a waiver in this situation? My husband and I are wanting to adjust my status and I have EWI but have had DACA since I was 17 and haven't lapsed. We're concerned about the waiver because it's difficult to get but lawyers have always told us that we still need to do the waiver.
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The I-601A, stateside waiver is meant to deal with one, and only one ground of inadmissibility found within U.S. immigration law. (“Inadmissibility” means a barrier to receiving a visa or green card). The ground in question says that
an applicant who has, after the age of 18, accrued unlawful presence in the U.S. of 180 days or more, is barred from returning to the U.S. for three years; while applicants who have accrued unlawful presence of one year or more and then left the U.S. are barred from returning for ten years.
As far as I can tell, because you've had DACA since you were 17 and you have always been protected under DACA, you never started to accrue any period of unlawful status. You should be good to go get your visa abroad without the need to submit a 601a form.
Do some research. Check with an experienced lawyer!
See:
http://www.alllaw.com/articles/nolo/...ssibility.html