When should we apply for I 601A waiver? 9 Answers as of September 19, 2013

I'm a LPR planning to apply for citizenship very soon and have an unmarried 22 year old daughter with approved DACA. My question is, should I file an I-130 and wait until a visa becomes available for her? When could we apply for I-601a considering the long wait for visas under F1 category? Thanks in advance.

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Mulder Law office, PA
Mulder Law office, PA | Kyndra L Mulder, Esquire
When she is approved for the I-130 and the I-485 is considered she will be told she needs a waiver. Read the instructions for the I-601A.
Answer Applies to: Florida
Replied: 9/19/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You must file the instructions for filing the I-601A waiver. There are specific criteria that must be met and prosecute that must be filed.
Answer Applies to: New York
Replied: 9/18/2013
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
You should file the I-130 immediately to shorten the time for her priority date to become current. It's currently taking at least 7 years for the F1 category. Only immediate relatives can apply for an I-601A provisional waiver. Since your daughter is already over the age of 21, she can no longer qualify as an immediate relative, even if you become a US citizen.
Answer Applies to: Texas
Replied: 9/18/2013
Immigration Law Offices, LLP
Immigration Law Offices, LLP | Fakhrudeen Hussain
You will have to file an I130, get it approved and then wait till the priority date gets current to apply for I601 waiver.
Answer Applies to: California
Replied: 9/18/2013
Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
The waiver is not applied for until their is a visa available. In certain cases it isn't filed until the date of the consular interview. Because of the long wait I would advice applying for her as DACA is on uncertain ground without reform passing.
Answer Applies to: Minnesota
Replied: 9/18/2013
    Law Offices of N.J. SAEH PC | Noel J. Saleh
    You should file for her ASAP. The priority date is established by the filing date. Your visa will automatically convert from F2B to F1 upon your becoming a citizen.
    Answer Applies to: Michigan
    Replied: 9/17/2013
    Kriezelman, Burton & Associates | Matthew Scott Kriezelman
    You should file the I-130 visa petition for her immediately. That will ensure that she gets in line for visa eligibility. An I-601A is unfortunately unavailable to her as she is not an eligible relative to file the waiver before she leaves the country. These waivers can only be filed by people who are in the immediate relative category such as parents or minor(under 21) children of United States Citizens. She will have to attend her visa interview first and then go through the regular I-601 process in order to receive a visa to reenter the United States.
    Answer Applies to: Illinois
    Replied: 9/17/2013
    Law Offices of Linda Rose Fessler | Linda Fessler
    It was not clear whether your daughter is living here legally or illegally. So I have included the guidelines for filing a 601A waiver. The Application for Waiver of Grounds of Inadmissibility. Form I-601A is filed by a Green Card applicant who is an immediate relative of a citizen, is not able to adjust status in the U.S. and has remained in the U.S. unlawfully for more than six months. This waiver is needed so that the Green Card applicant is not penalized for the unlawful presence. Current law states that this waiver cannot be filed within the U.S. It has to be filed while the Green Card applicant is in his or her home country. This inevitably prolongs the Green Card applicant's time away. Those who do not qualify for the new provision will continue to file under the old process Form I-601. The new provision will allow some Green Card applicants the permission to file Form I-601A before departing the U.S. for the Green Card interview. Who Is Eligible for the New Form I-601A Rule?The following are the eligibility requirements that a Green Card applicant must fulfill in order to File Form I-601A before departing from the U.S. The Green Card applicant must be over the age of 17.The Green Card applicant must be an immediate relative - a spouse, a child under 21, or a parent of a U.S. citizen.The Green Card applicant must have an approved Form I-130.The Green Card applicant must not have had a Green Card interview scheduled before January 3, 2013.The Green Card applicant's only setback must be his or her unlawful presence. In other words, he or she cannot have other problems that could prevent a return to the United States.The Green Card applicant must be able to demonstrate that without the waiver and the reduction of time away, his or her family in the U.S. will experience extreme hardship.The Green Card applicant must have all removal proceedings administratively closed.Any Green Card applicant who is seeking to file Form I-601A under the new rule is required to notify the Department of State's National Visa Center. Given the highlighted sections, it does not appear that your daughter would qualify for this waiver.
    Answer Applies to: California
    Replied: 9/17/2013
    Law Office of Eric Fisher | Eric Fisher
    You cannot apply for the I-601A waiver until the I-130 petition is approved, transferred to the National Visa Center and you pay the IV fees.
    Answer Applies to: Colorado
    Replied: 9/17/2013
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