Hello everyone, it’s Attorney María Mendoza writing to you again. This time, I want to talk about one of the most discussed topics in the immigrant community: the I-601A waiver. This process allows certain immigrants to apply for a waiver for having entered the United States illegally. However, this process involves risks, such as the need to leave the country and the possibility of being denied reentry into the U.S. if the requirements are not met. In this blog, we will explain the most important points, from the wait time for the I-601A waiver to the most common reasons for its denial.
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How long does the I-601A waiver take?
For those who entered the United States without authorization and are looking to regularize their immigration status, the I-601A waiver is often a popular option. While there are other alternatives, this immigration process is one of the most used. Below, we will explain the stages and mention the wait time for each one:
- Family Petition (Form I-130): The first step in the I-601A waiver process begins when an eligible family member files an I-130 petition. This family member can be a U.S. citizen or lawful permanent resident spouse or parent. This initial process usually takes about a year.
- I-601A Waiver Application: Once the family petition is approved, the I-601A waiver can be filed, which requires demonstrating that a U.S. citizen or lawful permanent resident parent or spouse would suffer extreme hardship if the applicant cannot remain in the U.S. This stage typically takes around 2 years.
- Consular Appointment: After the waiver is approved, the applicant must leave the United States and wait for an interview in their home country, which is a mandatory step in this process. For Mexican applicants, the wait time for this appointment, usually held in Ciudad Juárez, can be approximately two years.
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In summary, this process can take around 5 years on average, though this timeline may vary depending on each case. It is important to note that during the consular appointment stage, the risks are higher. If your case is denied, you may be barred from reentering the United States. This is why it is crucial to understand the reasons why immigration authorities might deny your case.
Reasons for Denial of Your Case If You Are Under the I-601A Waiver and Outside the U.S.
When leaving the United States for the consular interview, there is a risk that the case could be denied. Some of the most common reasons include:
- Permanent Bar: A penalty imposed on immigrants who have accumulated more than one year of unlawful presence in the U.S. after April 1, 1997, and have made illegal entries and exits. Additionally, those who have been deported, regardless of the year, and return to the country without authorization, also face this penalty.
- False Claim to U.S. Citizenship: If the applicant has ever used U.S. citizen documents to enter the country or to obtain federal or state benefits.
- Illegal Entry with Accompaniment: When a person enters the U.S. illegally accompanied by others, such as minors (children), it may be considered “human trafficking” or “coyote smuggling.” Even if they are direct relatives, U.S. authorities may categorize this action as a crime.
- Tattoos and Gang Suspicions: At the Ciudad Juárez consulate, officers are particularly strict about tattoos, and some designs may be interpreted as gang affiliations. Even cultural tattoos may raise suspicions in some cases.
- Criminal Offenses: DUI charges and domestic violence charges are especially frowned upon at the Ciudad Juárez consulate. However, any crime committed in the U.S. can negatively impact your immigration case, even arrests for minor offenses, so it is essential to review your criminal background with an attorney.
- Fraud and Lying to Authorities: Falsely claiming to be someone else when entering or interacting with immigration authorities is a serious impediment. It is common for some applicants to use another person’s name with immigration officers. For example, attempting to enter the U.S. with a Brazilian passport while being Salvadoran.
The Importance of Legal Counsel
The I-601A waiver provides an opportunity to regularize immigration status, but the risks are high, especially in the final stage. Due to the complexity and risks involved in the I-601A waiver process, it is essential to have an experienced immigration lawyer. While there are steps that some individuals may handle on their own in other processes, this particular process is delicate and requires deep knowledge to avoid having the case denied while the applicant is outside the country. At The Mendoza Law Firm, we have over 14 years of experience in immigration matters. If you or someone you know is going through situations like the ones discussed in this blog, contact us.
¡La lucha sigue!
