More details to this question:
The notice of action that my aunt received states that she is eligible to file I485. However, she entered without inspection, so therefore ineligible to adjust status I485. In this case, should she file the I601a and do consular processing?
3 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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It depends on the particulars of her case as to what her next step is. But generally, beneficiaries of approved i-130s who are immediate relatives of US citizens are eligible to apply for a provisional waiver of unlawful presence on form i-601a if they are not eligible for adjustment of status.
Answered on Jul 21st, 2014 at 10:08 AM
How long ago was the petition filed? Has she ever had anyone file for her in the past? If she needs to complete consular processing, then she will need to file the waiver, but there are forms to file with the department of state first (they can be filed electronically).
Answered on Jul 21st, 2014 at 10:08 AM
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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That is correct: File I-601A and wait for it to be approved. If it is approved, she will need to consular process.
Answered on Jul 18th, 2014 at 2:24 PM