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Can I file I-601 A while I am out of status since 15 days
Anonymous4 views4 answers
Hi,
I am currently out of status from last 15 days, I have green card file is pending through my parents which is US Citizen.
I am not able to leave this country due to medical and financial condition of my parents as i am only son in family, if i don't leave from US then my green card file is in problem which is file date in 2012.
My question is should I be eligible to file I-601A appeal and able to get green card within this year and can work legally to support my family as I have serious Mom's Health Issues
Or should i leave this county and go back to my home country and wait for my green card file to come . Please Help
I concur with the recommendations of my distinguished colleagues. Only a private in person consultation will help you to answer the questions and concerns you have. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. Use 's Find a Lawyer tool to select a qualified attorney. Good luck.
Vikram Ketty BadrinathImmigration AttorneyTucson, AZ ·
First, an I-601A is not an "appeal," and is not used to obtain a green card in the United States. The I-601A is an application for a waiver if a person departs the United States after having unlawful presence in the United States. If you have been unlawfully present for 15 days, then you do not yet need an I-601A. Under section 212(a)(9)(B) of the Immigration & Nationality Act, if you have unlawful presence of 180 days or more and then depart, you may receive a penalty of three (3) years before you can be readmitted, and if you have unlawful presence of one (1) year or more and then depart, you may receive a penalty of ten (10) years. If you are in a preference category and are out of status, then you may not qualify to adjust you immigration status in the United States under section 245(a) of the INA. It is strongly recommended that you consult with an immigration attorney who can answer all of your questions and explain all the options available to you. Good luck!
The limited information that you have provided indicates that you are out of status and you will have to consulate process for an immigrant visa when the priority date is reached. The filing of the FORM I-601A is not an appeal as you have indicated. The purpose of that USCIS form has been previously explained to you in your initial posting.
Hi, you need to have a private consultation with an immigration attorney who is specialized on waivers. As other attorneys explained, 601A waiver is not an appeal and available for those who entered the United States without a proper inspection at the point of entry.
