Official I-601A Thread - Page 12

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.

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

I have a question regarding the I-130 form, since I’m applying for my husband who’s a DACA recipient..Do they have to apply for adjustment of status at a US consulate or embassy in their country of birth? The form and instructions doesn’t have anything that indicates that. It just says it doesn’t guarantee whether or not the case will be accepted. My husband and I really don’t want to go to El Salvador. Does that mean I can put down another country?

The USCIS website says " If you are already in the United States, you can apply for permanent resident status without having to return to your home country to complete processing". It says home country so whatever passport he's holding. https://www.uscis.gov/greencard/consular-processing

On second thought please ask a lawyer. I remember my coworker went to Mexico together with her lawyer and have her passport stamped the H1b visa. She's not holding a Mexican passport by the way.

My dad did not have to return to his home country for his 601a waiver. He adjusted here w/o leaving the country.

How is that possible? If you can please elaborate. Coz i know only people who have legal entry can adjust status while the rest have to do consular processing. Unless its Parole in Place, Cancellation of Removal, among others.

We did PIP, but during the interview, the officer declared that his i94 was valid proof of entry even tho he entered with someone else's document(he got caught), so he was granted green card right on the spot.

I read that anyone without inspection has to have an interview abroad though.

Again, we submitted his old i94 and PIP together with the rest of the paperwork, then we got interviewed.

It just says on the USCIS website saying if you’re in the US, but came with inspection then you can just do it in the US.