Reviewed September 17, 2026.
EWI means “entry without inspection”: entering the United States without being admitted or paroled by an immigration officer. One EWI can already change the route to a green card. Leaving and entering again without inspection can create a much more serious problem.
An approved family petition does not erase the entry-and-exit history. Before filing adjustment of status, an I-601A waiver, or a consular case, every entry, departure, immigration encounter, and prior order must be counted.
One EWI and adjustment of status
Adjustment of status, also called AOS or Form I-485, lets certain people obtain permanent residence without leaving the United States. The general rule requires the applicant to have been inspected and admitted or paroled.
For that reason, marriage to a U.S. citizen does not always permit an I-485 filing inside the country after an EWI. Exceptions or special paths may exist through INA 245(i), VAWA, certain U- or T-visa cases, asylum, or parole in place. Each has separate requirements.
Why the second entry may be the critical fact
Immigration law has a rule commonly called the permanent bar. It may apply when a person:
- accrued more than one year of unlawful presence in total and later entered or tried to enter without being admitted; or
- was removed or ordered removed and later entered or tried to enter without being admitted.
The word “permanent” can be confusing. A limited route to request permission to reapply may exist in some cases, but the person generally must remain outside the United States for at least ten years after the last departure before requesting that consent. This is not an ordinary waiver filed from inside the country.
The three- and ten-year bars are different
A person who leaves after accruing enough unlawful presence may trigger a three- or ten-year bar. Those bars come from a different part of the law. The permanent bar may arise from entering or attempting to enter without permission after sufficient unlawful presence or after a removal order.
A person can have more than one problem at the same time.
What Form I-601A does—and does not do
Form I-601A is a provisional waiver for certain unlawful-presence bars. It permits a person to request a provisional decision before leaving for a consular interview. But an I-601A:
- does not grant permanent residence or lawful status;
- does not automatically provide work authorization;
- does not stop unlawful presence from continuing to accrue;
- does not automatically protect a person from removal;
- does not waive the permanent bar created by multiple entries;
- does not by itself fix a removal order, fraud, certain crimes, or other inadmissibility grounds; and
- may be automatically revoked if the consulate finds another inadmissibility ground.
An I-601A approval is not a promise that the immigrant visa will be issued. The Department of State makes the admissibility decision at the interview.
Do not guess about dates
To analyze the case, prepare a list of every:
- entry and departure, even a trip lasting only a few days;
- encounter with Border Patrol or ICE;
- name, birth date, or document used;
- return, voluntary departure, removal, or court order;
- prior immigration application; and
- arrest or use of false information.
Passports, tickets, photographs, work records, telephone records, and FOIA requests may help. Never change a date to make the case look better.
Review the history before leaving the United States
Leaving for a consular interview may trigger bars that were not active while the person remained inside the United States. Before travel, counsel should compare the history with adjustment of status, INA 245(i), I-601A, I-212, parole, and any available exception.
Read the official USCIS Form I-601A instructions.
Speak with a lawyer about EWI and I-601A
M.C. Law Group reviews entries, departures, unlawful presence, prior orders, adjustment of status, and waivers. We offer a brief free telephone evaluation. A complete legal consultation by video or at the primary Fairfield office is a paid appointment.
Call 203-373-9080 or use our contact form. Do not leave the United States based only on general information found online.
Related information: I-601 and I-601A waivers and green cards and adjustment of status.
