That's a shame. Let me explain about the I-601A. It isn't a new law. It is a new procedure. What has changed is that before, with the old I-601, a person had to leave the U.S. and spend around 15 months or so while waiting for their appointment at the U.S. Embassy or Consulate
in their home country and then HOPE that they got approved, but the change is that now, with the newer I-601A, the same person can apply inside the U.S., get a pre-approval, and then with that pre-approval they can leave the U.S. for just a few days or even a day, present themselves for a scheduled appointment at the U.S. Embassy or Consulate, and then get the final approval and come back as long as there are no other reasons of inadmissibility, just having entered the U.S. illegally or having overstayed. Here is an official link:http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers At first I was mistrustful of the I-601A and warned people off about it. I felt it was a trick that the U.S. government was using to get people to leave then screw them when they were outside and it was too late, and while that has happened to some, many that get the PRE-approval are able to come back IF they don't have any other issues in their background, just the illegal entry. So what's the problem? Your spouse has TWO attempts at an illegal entry with the last one being successful. So even if she gets the PRE-approval, I am not convinced that she would get the FINAL approval at the U.S. Embassy or Consulate. So it is a risk. If she is going to try, I recommend two things: 1) Use an experienced attorney to process the case and make sure it is someone that has processed a number of I-601A waiver and has soon how many they have done have actually ended up successful that the client has been able to come back to the U.S. You can look for one at http://www.ailalawyer.com. 2) Make sure you can show a good amount of extreme hardship to you to overbalance that first illegal entry attempt. It should be more than just economic or emotional hardship. Here is a link: http://www.ilw.com/articles/2007,0717-scott.shtmI hope you don't get frustrated or upset at me. I am telling you what I feel is correct because I want to keep her out of trouble. I hope you appreciate that. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.