There are different ways to regularize migratory status and different factors that must be considered.
A person who has a US citizen or Legal Resident spouse, or an over-21 US citizen son/daughter, depending on the case and the situation, might have different ways to regularize his/her migratory status. Someone who enters the US lawfully can, also, have different options.
On the other hand, someone who enters the US unlawfully has, in most cases, just one way to regularize his/her migratory status, which can take longer than the options available for those who entered lawfully.
This way to regularize migratory status available for those who entered the country unlawfully tends to be common and could be the only way available for them. We’re talking about the I-601A pardon. It’s a way to regularize migratory status out of the US if someone entered unlawfully or is living under unlawful presence in the US, and has a US citizen or Legal Resident parent or spouse.
In this article, we’ll contemplate this process and the time it takes, as well as other ways to regularize migratory status that could be faster.
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Anyone who wants to regularize his/her migratory status, might want to, first, consult with an immigration attorney, given that not everyone can regularize migratory status outside of the US, not everyone can regularize migratory status through the pardon, not everyone can regularize migratory status within the US and not everyone has to exit the US to regularize migratory status.
This pardon, process in which the person must exit the US, is one of the longest processes to regularize migratory status based in a marriage with a US citizen or Legal Resident, in a petition from an over-21 US citizen son/daughter, or in a petition from a parent who is US citizen or legal resident.
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The reason why it’s slower is that it consists of different steps; specifically, three steps. Through this procedure, one part of the process must be completed before moving on to the next one. That means, it’s not possible to submit the whole procedure, but it must be carried out step by step.
I-601A waiver process
The first step is the I-130 petition. The petition must be submitted, which takes up to one year to be approved.
Once approved, is when the pardon I-601A is submitted. This can take up to two years. A this point, three years might have passed.
Having the pardon approval, it’s possible to continue with the last part of the process. It’s when documents must be sent for a Consular Process to the National Visa Center, and exit the country for an interview at the migrant’s home country US consulate.
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I-601A pardon’s process forgives unlawful presence or an unlawful entry, but won’t forgive multiple entries and exits, permanent bar or other problems in immigration record or criminal record in the US. That’s why it is recommended to handle this pardon cautiously, as it will forgive some elements, but others will not.
Up to six years can be reached to obtain Permanent Residence through this process. There is good news for those looking for faster alternatives, especially for those who entered the US unlawfully.
If there is another way to regularize migratory status without exiting the US, it’s recommended to take it. This to evade risks related to exiting the US. Some people will be able to exit and complete the process without any problem, but for some other people, it can imply risks.
There are those who have ways to obtain a work permit during the time the case is still being processed, frequently being able to regularize migratory status within the US. It’s faster than the pardon process.
It’s not always like this, but, in terms of these migratory procedures’ times, someone who is under an Adjustment of Status, i.e., regularizing migratory status without leaving the US through, for instance, the 245i law, so as someone who is regularizing migratory status through VAWA; will, potentially, be able to regularize migratory status faster than through the I-601A pardon, even while being within the United States, and, in many cases, even getting a work permit during the time the case is still pending.
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