If you have an immediate family member who is a U.S. citizen or lawful permanent resident and you have been with them, in the United States unlawfully, you would typically be required to return to your home country before you could apply to become a lawful permanent resident. Many people do not return to their home countries to initiate the process because it would often mean being separated from their loved ones for years at a time. However, to streamline the process for family members of lawful permanent residents and U.S. citizens, the I-601A waiver was created for individuals who would otherwise be admissible to the United States but are considered inadmissible because they have been in the U.S. unlawfully for over 180 days. Unfortunately, getting an I-601A waiver can be difficult. Your application can be denied if the person reviewing your application has reason to believe that you would be considered inadmissible on other grounds. Getting an attorney involved before submitting an I-601A waiver can help minimize this risk and maximize your chances of success if an I-601A waiver is appropriate in your situation.
I-212 Returning After Removal
If you or a loved one has previously been removed from the United States, you will not be permitted to return to the U.S. for a specific period, unless you are granted permission to reapply for admission using Form I-212. An application for an I-601 or I-601A waiver may also be necessary depending on the circumstances surrounding the original removal.