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You need to file for and obtain an I-601 waiver under section 212(a)(9)(B)(v) of the INA when you seek to immigrate to the U.S. \u2013 through consular processing \u2013 before the 3/10 year unlawful presence bar expires.
What are the differences between the I-601 and the I-601A? Although the two waivers are fairly similar, the main difference between them is the location of the applicant: Form I-601 is for those individuals who are outside the U.S., while Form I-601A is for those individuals who are inside the U.S.
Form I-601A is used for applicants in the United States with immediate U.S citizens or green card family members (such as parents or a spouse) and who entered the United States illegally. If you wish to apply for a green card, you will need to leave the United States and apply at a U.S. embassy or consulate.
What are the differences between the I-601 and the I-601A? Although the two waivers are fairly similar, the main difference between them is the location of the applicant: Form I-601 is for those individuals who are outside the U.S., while Form I-601A is for those individuals who are inside the U.S.
Generally, it takes 4 to 6 months to process an I-601A waiver application.
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The Form I-601 is used to request waivers for a number of different visa ineligibility grounds. In support of your application, you should provide evidence that shows why you may qualify for a waiver of inadmissibility.
What Happens After I 601 Is Approved? Once the waiver is approved by USCIS, the applicant should receive a packet of information from the U.S. Embassy of his or her country of origin. The packet will instruct the applicant to set up a new interview appointment at the consulate.
What Happens After I 601 Is Approved? Once the waiver is approved by USCIS, the applicant should receive a packet of information from the U.S. Embassy of his or her country of origin. The packet will instruct the applicant to set up a new interview appointment at the consulate.
What is the Purpose of Form I-601? An individual who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this application to seek a waiver of certain grounds of inadmissibility.
Those who can submit it include spouses and children of permanent residents, siblings of U.S. citizens, and adult and married children of U.S. citizens. But unlawful presence must be the only ground of inadmissibility for which you need a waiver; if there are others, you're back to using the I-601 waiver.

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