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Do we qualify for I-601A provisional waiver on March 4, 2013 if we already have a visa interview in Juarez on January 24, 2013?

Houston, TX |

I-130
US Citizen petition for illegal immirant since 1999

Attorney Answers 3


  1. Best answer

    If department of state (Nvc) acted to schedule the visa appointment before January 3 then no. The rules did provide that a person can start over with a new I-130 (as long as dos agrees to close the file) and may be eligible to partake in the provisional waiver.

    The best thing you can do is to consult with an attorney in person to evaluate your case to make sure you would otherwise be eligible for the provisional waiver and other details. I do not believe you can file the I-601 with the consultate if uou choose to go abroad; the normal waiver application is to be filed with the lockbox.

    Please read my article here: http://tunitskylaw.com/uploads/Provisional_Unlawful_Presence_Waivers_by_Veronica_Tunitsky.pdf.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  2. No. Have the person deliver the I-601 and attached affidavits and exhibits, personally with the filing fee at the interview.


  3. No, because your interview would have occurred well before the provisional waiver process takes effect. Your 601 will be adjudicated under the existing waiver process.

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