Does the New Obama 601A waiver apply to those with final order of deportation?

By: Shah Peerally Esq.

Provisional 601A waiver and deportation
Caller: I have a question about the new law Waiver, I don’t know if it’s been active or not I-601A, it’s just kind of a waiver right?

Yes, 601 is not a, it’s a law that allows us the same waiver that could be applied before, but before you had to leave the country and file for it that means if you leave the country and you file for it and you get denied you get stuck outside, what they have done now you can file for it as for March 4, 2013 that means in 2 months, if you can file for it if you qualify for it and if its approved you can just go and pick up your green card outside and come back.

Caller: So those people can qualify who are already living in the country like illegally or who already have for example; if a person is living in the country for about 10 or 11 years and after that he might have gotten a deportation but he didn’t go back.
Yes that’s a different story, if you were on deportation and you didn’t go back that means you have violated the order deportation this waiver will probably not work, it works for people who were on deportation, but deportation was cancelled and for people who take voluntary departure for example it will work also this law doesn’t stand by itself you have to have 1. A us citizen spouse to petition for you, and you have to have hardship, this is the part that is difficult, because you cannot just say oh I have a hardship on me, it has to be a hardship on a us citizen child or the us citizen spouse that means the wife or the husband, if you don’t have those things this will not work for you.
Caller: So this is the law for people only who are living in the country illegally not for who already need one more waiver?
Yes it’s for people living in the country, if your outside you don’t usually need this waiver, unless you have left a long time ago then you can apply the regular one the regular one still there, the 601, you still have to meet the regular one requirements, the only difference, instead of applying from abroad now you can apply inside United States, yes its for people living inside United States.

Caller: My question was one has already has one deportation, cannot apply right?

No you can, if the deportation is going on and able to terminate the deportation, yes you can apply, but if you already have a final order of deportation that means you trial your appeals and things like that you just run away and didn’t leave when they ask you to deported, then no longer apply, your pretty much in trouble. But it’s a case by case basis, we have to look at it and tell you If you qualify or not. Unfortunately this is one of the laws which is very complicated that many people will not understand and it is not that straight forward, so you can give me call at the office I can look at it and tell you if you qualify or not.