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#660
02-19-2020, 02:57 PM
Senior Member
Joined in Jun 2007
220 posts
You cannot apply for I-601A if you dont have any unlawful presence.

Quote:
Originally Posted by NattUhhLee View Post
Hello Everyone,

I'm currently beginning the process of undergoing the employment sponsor route. We are currently waiting on a prevailing wage determination in order to file for the PERM. I just had one quick question; I am fully aware of what each step in this whole process will be but I do need confirmation that I will not be needing a 601A Waiver. I have both a legal entry (visa overstay) and 0 days accumulated of unlawful presence (first DACA approved 3 months before turning 18 and have had it ever since without gaps.) From my understanding these means I could undergo the consular process via employment (I-140) without being subject to the 3 or 10 YR bars, and thus I would not need to file for the 601A waiver. Can someone please let me know if I'm correct in my thinking. Thank you!
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