Immigration Lawyer Blog
Any person who has ever been ordered removed (or has resided in the U.S. unlawfully for more than 1 year in the aggregate), leaves the United States, and then returns or attempts to return without being lawfully admitted, must remain outside the U.S. for 10 years before being able to re-apply for an immigration benefit or re-entry. This law was not in effect until April 1, 1997.
Such applicants are not eligible for the New I-601A waiver. This is because the waiver is designed to cure one entry and illegal stay in the US, not a re entry. There is no waiver for re entry.
In DACA cases, we need to analyze the period of time the applicant departed from the US to see if there any exceptions. Always consult a qualified lawyer to determine your eligibility.