Quote:
Originally Posted by jwxie518
I came with a tourist visa and overstayed. Am I qualified for I-601A? I've filed I-130 already. I believe USCIS said they have received it but still waiting to take action... I filed about 1.5 years ago.
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You do need an approved I-601A because if approved. You can go to your 'home' country and interview and if granted Green Card then you can return to USA unless you are covered under 245i. You do this after I-130 is approved and when the time comes for AOS.
Also, if you have DACA and AP, you can return to USA at POE if you were EWI initially.