Pardon my squestion about 601A-- I found that one out too.
My stepfather's I-94 expired on Jun-05, 2015, so only two weeks after 180 days.
We actually already received a NVC welcome letter (ACL) on Dec 18th, which gave us instructions about filling documents online (six steps), and said that once they reviewed the forms they will schedule a visa interview at Guangzhou, China.
I called a lawyer and she said that we better file I-601 here since he passed the 180 days deadline already. It is likely that USCIS cut us a slack because it is only a few days after the 180-days, but the consulate in Guangzhou may still pick it up and ask for a I601 waiver. The cost for hiring a lawyer for 601 here is ~ $4000.
-The lawyer is right. Just hire her to help you. I-601 applicaiton is very serious, and you absolulely need a lawyer to help you.
Should we just let him to go back to China to try his luck?
-No, the US Consulate will not issue the visa to him unless he gets the I-160 waiver because his illegal stay has been > 180 days.
my step father is 78 yr old already.
many many thanks again
