The 3 steps of the I-601A waiver

Some individuals may want to know if they have different ways to obtain legal migratory status, how much will it take to process their documents, and which is the fastest way to obtain legal migratory status and obtain permanent residence.

There are different ways to obtain legal migratory status. There are also different factors to consider when looking to obtain legal migratory status. For instance, an individual who has an American citizen or legal resident spouse, or has a +21 years old American citizen son or daughter; depending on the case and the situation, might have different ways to obtain legal migratory status. An individual who entered the US legally can have different options as well.

A person who entered the US unlawfully can have a way, despite taking more time, through the I-601A waiver process. It is a way to obtain legal migratory status outside of the US if the person entered the US unlawfully or is living in the US under unlawful presence, and has a parent or spouse who is an American citizen or legal resident.

Those individuals who wish to obtain legal migratory status may want to consult an immigration attorney, since not everyone can obtain legal migratory status outside of the US, not everyone can obtain legal migratory status through the I-601A waiver, and not everyone can obtain legal migratory status inside of the US.

About the forgiveness process, which is the process by which you must travel out of the US, either to Ciudad Juarez or to the US consulate in your home country, is one of the longest processes. The reason for this is such a slow process is because, with this type of process, there are steps; three, specifically.

With this kind of migratory procedure, a part of the process must be completed before starting the next. It means, you can’t submit the whole procedure in one move, but advance step by step.

1. I-130 Petition

   

   The I-130 petition is the first part of the process. The petition must be submitted, which takes up to one year to be approved.

2. I-601A Waiver

   

   Once the petition has been approved, an I-601A waiver process must be initiated. At this point of the process, many people talk to an immigration attorney. After waiting around a year for the first part (the petition), the waiver process is submitted, which takes one to two years approximately.

3. Consular Processing + Abroad interview

   

   Once the waiver is approved, it can be continued with the next part of the process: Submit the documents for Consular Processing to the Visa Center, and leave the country for an interview in Ciudad Juarez or your home country’s US consulate.

It is worth mentioning that not everyone can obtain legal migratory status outside of the US. The I-601A waiver process will forgive unlawful presence, and/or one unlawful entry, but an individual who has multiple unlawful entries and exits and/or is under the permanent bar will not be completely forgiven, since the I-601A waiver forgives neither the permanent bar nor other mistakes in your immigration or criminal system history.

For this reason, caution must be taken, since this type of ‘forgiveness’ will not forgive everything. What is true is that it does forgive certain things, and permanent residence can be obtained through this process, which in total can take from 5 to 6 years until reaching permanent residence.

Many people want to obtain permanent residence in the fastest way possible. There is good news, especially for those who entered the US unlawfully: not everyone must leave the US, even when having entered the US unlawfully. There are different ways to obtain legal migratory status without leaving the US.

If there is the option to obtain legal migratory status without leaving the US, it is recommended to take it. This is in order to evade the risks of leaving the US, since leaving the country can represent risks for certain individuals. Certain people can do it, but it can imply much risk for others.

Certain people have a way to obtain a work permit during the time the case is being processed.

Frequently, getting legal migratory status without leaving the US is way faster than the forgiveness process.

Not everyone, but talking about the processing times for these migratory procedures, a person who is under an Adjustment of Status, a person getting legal migratory status without leaving the US via 245-i or through VAWA; can obtain legal migratory status way faster within the US and even obtain a work permit during the time the case is being processed.