If I have a deportation order can I still apply for an I-601A waiver?

By Ari Sauer, immigration lawyer with the Memphis, Tennessee office of the Siskind Susser Law Firm.

Question: If I have a deportation order can I still apply for an I-601A waiver?

The Immigration Answer Man – Ari Sauer: Someone who already has a deportation or removal order is not eligible for an I-601A provision waiver because having a deportation order creates a separate ground of inadmissibility and the I-601A is currently only available for waivers of the 3 or 10 year bar for unlawful presence under INA 212(a)(9)(B).

However if you are in removal proceedings (also known as deportation proceedings), before an immigration judge but not yet ordered deported, then you may be able to have the case administratively closed, meaning put on hold, to allow for you to apply for the I-601A waiver. But even if someone does get the case administratively closed and their I-601A waiver is approved, they still need to go back to the court and have their case terminated before they leave the US or they will end up deporting themselves.

If someone does have a deportation order, but has never left the US since receiving the deportation order, then they should consult with an immigration attorney about the possibility of having the court reopen the court case. Most cases will not be eligible for this, but it is a good idea to talk to an experienced immigration lawyer about the possibility.

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By Ari Sauer

Submit questions to The Immigration Answer Man – Ari Sauer by emailing your question to immigrationanswerman@gmail.com. Questions submitted by email will be posted without personal information unless specifically requested. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship.

* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.