601(a) Waiver or Advance Parole? Different options for different situations.

When it comes to a family member leaving the country with the intent to reenter so that their status can be corrected, the amount of time the process takes, and which route a person chooses can be of great importance. Not only is there the consideration of a close relative that may have been around for years prior to this having to travel to a country they may not have seen since childhood, there is the time factor and the always present concern that once they are out, they may not be allowed to reenter.

While a 601 waiver can be used to address a wide range of conditions that would make a person otherwise inadmissible, the 601(a) waiver is used only when the undocumented persons presence in the country is the sole inadmissibility condition. That is, if an immigrant crossed into the country without inspection but has not violated any other laws and would otherwise be immediately eligible for the petition process, a 601(a) waiver may be the right way to go. It is simpler and almost always less expensive of a process, as well as being potentially less time-consuming.

However, when it comes to DACA recipients only, there is another option to consider. Advance Parole is a method of bypassing the 601/601(a) process. By obtaining an approved I-131, a DACA recipient could use that I-131 to leave the country and be immediately eligible for an adjustment of status upon reentry, thus avoiding the potentially lengthy process of the consular interview that is still required with a 601/601(a) waiver. It is important to note that with DACA recipients the reasons they can use to obtain an I-131 are limited. The applicant must be requesting travel for either employment, educational, or humanitarian purposes. If approved, the DACA recipient will be recognized as having validly entered the country upon their return, making them potentially eligible to immediately begin the adjustment of status process.

Advance Parole does not come without risks. If there are any other reasons a person could be found inadmissible, they may still be denied reentry upon inspection at the border, despite having the approved travel status. 

Whatever method may seem right for you, it is important to always consult with an immigration attorney to be certain that the process goes well. Immigration Law is a complex and constantly changing field and those attempting to undergo the process without the guidance of a professional are at a much higher risk for something to go wrong, which could result in a family member being barred from reentering the country for 3 years, 10 years, or even permanently.

If you have a family member that needs immigration help, we at Eason Law are ready to help. Call or set up an appointment online to speak with one of our attorneys and find out how we can help your family stay together and stop living in fear of deportation.

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Jonesboro Criminal Defense & Family Law

Serving Northeast Arkansas as well as numerous other counties in Arkansas, Eason Law has built a reputation for providing excellent legal services to our clients in a courteous and professional manner. Every client has a unique need when consulting with an attorney. We work together with each individual client and tailor our representation to meet the needs and goals of each client.