Official I-601A Thread - Page 43

I-601A only takes care of unlawful presence (INA 212(a)(9)(B)), it does nothing for any other reason including the permanent re-entry bar under INA 212(a)(9)(C) which either requires you to accrue 1 year or more of unlawful presence or get formally deported, and then re-enter without inspection.

I feel like I should interfere and prevent her from leaving. And I feel like this lawyer should know all of this and tell us if for any reason she feels my mom shouldn't go, she should tell us.

Ack! Nerve wrecking. I spend the majority of my free time looking at similar cases.

huh??? if it doesn't take care of the re-entry bar then what's the point of filing? I thought it enables the beneficiary to interview overseas and not trigger the ban.

Yes, it "waives" the 3 or 10 year bar. The lifetime ban is a another story.

So if it waives the 10 year ban... technically my mom would be able to come back if, for whatever reason, is denied the visa?

She's going the hardship route, my brother is a USC petitioning for her, and my very ancient LPR grandma is the one who would suffer without my mom.

Again no... It she's found inadmissible for any other grounds at the embassy she is nor coming back until that's addressed. It could be as simple as she didn't bring a tax return to the interview to the embassy thinks she's the leader of a cartel. If she has nothing to hide then she should be fine really. Not sure why you have that attorney if you don't trust him/her. If you have the financial means then get a second opinion if you're really stressing about this.

As Juvi says, that is a "NO".

If she is found inadmissible for any reason, other than unlawful presence, they'll revoke the 601A waiver and have her reply for the waiver and any other missing waivers that may have cause the denial.

For instance, if they believe she'll be a public charge, at that moment they'll let her know her visa has been denied and 601A waiver has been revoked. From her home country, she'll need to reapply for the waiver and find additional sponsors.

If she believes she could be found inadmissible, she should discuss that with a lawyer, or two.

I just have one question, has anyone successfully adjusted their status using this I-601A process?

I don't know of anyone on this forum who has, but I do personally know of individuals who went from having no status, not even DACA, to receiving Permanent Residence via this process.

You mean DACA recipients? If so, from this forum not yet.

My attorney says she's successfully done many 601A waivers more importantly she recently had a DACA recipient go through the process as well.

IMHO, if the general public (who many don't have any type of status) can do this process then we with EADs, SSNs, clean background (need to have clean record to get DACA) should have it a bit easier.