I-601/I-601A: If I entered the United States Illegally, Can I Still Get a Green Card?


What are forms I-601/I-601A?

When you have been found inadmissible to the United States for immigration purposes, such as if you were deported for overstaying a previous visa or are applying for a health-related waiver, you will need to file either a Form I-601 or I-601A. Which forms you need depends on your specific situation, and there are very specific rules and processes for each.

What is the difference between Form I-601 and Form I-601A?

Form I-601 is used for those outside the U.S, who are appealing their inadmissibility status or applying for an adjustment of status. While form I-601A is used to protect those inside the U.S. without proper documentation, who desire to leave to properly apply for a green card. Both processes are used when experiencing roadblocks in your pathway to immigration.

Who should apply for a waiver using Form I-601?

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Form I-601 is for visa applicants facing challenges to their admission to the United States because they have been found inadmissible. Some of the potentially waivable inadmissibility reasons are:

Who should apply for a waiver using Form I-601A?

If you are living in the United States without permanent residency (a green card), but wish to apply for a green card, you should consider the form I-601A. This form requests the U.S. government to waive the time-bar requirement due to your previous violation of U.S. immigration laws. Restated, you are using Form I-601A to find out from USCIS, whether you will be able to remove the standard ban on returning to the United States, if you leave to apply for a green card.

If you are living in the United States and have an immediate relative or immigration sponsor who is a green card holder or U.S. citizen, you may be able to apply to waive the lengthy ban you would ordinarily face for unlawful presence in the U.S. Normally, this ban on readmission could range from three to ten years, so the I-601A waiver is an important tool for those who seek to reside in the United States with their families. 

How do I file for a waiver?

How can an experienced lawyer make the process easier?

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