I-601 waiver

[tonywill]

I have a voluntary departure since 1999, had not yet left the United States because case was on appeal.

My LPR wife just petitioned for me for adjustment of status. I will like to know if I can file a form I-601 waiver pending my adjustment of status interview because of the 10 year bar for over staying the voluntary departure. Do I file the form to DHS here in the State or to my embassy in my country. I have not left the U.S. since my voluntary departure was granted in 2000.

Thank you all

[tonywill]

I have a voluntary departure since 1999, had not yet left the United States because case was on appeal.

My LPR wife just petitioned for me for adjustment of status. I will like to know if I can file a form I-601 waiver pending my adjustment of status interview because of the 10 year bar for over staying the voluntary departure. Do I file the form to DHS here in the State or to my embassy in my country. I have not left the U.S. since my voluntary departure was granted in 2000.

Thank you all

[federale86]

You cannot adjust while you are appealing another issue. You must close your appeal and then file to adjust status.