US Citizen petition for illegal immirant since 1999
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 firstname.lastname@example.org. Veronica Tunitsky offers in-person, as well as telephone and email consultations.
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