Waiver I-601A is the most known waiver. When entering the US unlawfully, this is the waiver that many lawyers talk about and mention as necessary in order to go to an interview with the immigration department at Ciudad Juarez or your home country consulate so you can become a legal immigrant. Is a process that can be long.
How long does the I-601A waiver take and how does it work?
This is not a process that once submitted will immediately result in a Permanent Residence, but a process that has several steps. There are three steps in this process.
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First step: I-130 Petition
The first thing to do is submit an I-130 petition. This is a petition that can be submitted by a US Citizen or Legal Resident spouse, or by an over-21-year US Citizen son/daughter. This petition takes around a year.
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Second step: Submitting the I-601A waiver
After the I-130 petition is approved, the next step is to submit the I-601A waiver. This waiver is based on the extreme difficulties a US Citizen or Legal resident spouse or parent may suffer if the immigrant in question cannot stay in the US.
Important to highlight that this is not a process based on an over-21-year US Citizen son/daughter. For those parents of over-21-year US Citizens sons/daughters who, unfortunately, do not have a US Citizen spouse or daughter; this waiver is not an option.
The only way to become a legal immigrant via this waiver is by having a US Citizen or Legal Resident parent or spouse who will suffer extreme difficulties if the immigrant cannot stay in US territory.
It’s one year for the I-130 petition. The I-601A waiver, which can only be submitted after the I-130 petition approval, takes two years approximately. At this point, almost three years might have been reached waiting for the waiver approval.
Third step: Going to the interview at Ciudad Juarez or the home country’s US consulate.
When the waiver is approved, the next thing is to wait for the interview while outside of the US. If you’re Mexican, the interview will be at Ciudad Juarez. If you’re from another country, it’ll be in your home country’s US consulate.
At Ciudad Juarez, interviews are taking around two years.
It is worth mentioning that not everyone can become a legal immigrant via an interview at Ciudad Juarez or a US consulate abroad, and not everyone is eligible for the I-601A waiver. The case must be “clean” since the I-601A waiver only waives unlawful entrance and presence, not other problems with the Immigration System. That’s why is recommended to talk with an experienced Immigration Attorney.
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