Does the I-601A Form apply to me and what should I do about it?

Asked over 1 year ago - Oakland, CA

I am a foreign national and an Immigrant Visa Applicant, married to an American Citizen spouse . I have recently received an Email from the National Visa Center indicating to file the I-601A form and notify them about it by Email.Actually, I' m a little bit concerned about it because failure to notify the NVC that I plan to file Form I-601A will delay my visa application.

Attorney answers (3)

  1. Nicklaus James Misiti

    Contributor Level 19

    3

    Lawyers agree

    Answered . It would appear from the letter you require a waiver. You should be concerned, as these waivers are complex and difficult to obtain. If you aren't already you NEED to work with an experienced immigration attorney. My firm handles such claims throughout the US.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  2. Stephen D. Berman

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you are planning to consular process to return to the U.S. and if you have accrued over 180 days unlawful presence, then you will need the waiver.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. Debbi Lee Klopman

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Your question is a bit incomplete. Do you require a waiver because you are not lawfully present in the United States? Would your departure cause extreme hardship to your wife? These are a couple of the issues that would clarify your eligibility for the provisional waiver (which requires a filing of form 601a). Also, I am not sure what your concern is. If you are eligible for a provisional waiver, the procedure is for you to email the NVC and notify them that you will be filing a 601a and that they should not immediately schedule you for an appointment at the U.S. Embassy in your country of origin. I would strongly suggest that you contact qualified immigration counsel.

    Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 www.debbiklopmanlawoffice.com dkny430@aol.com 718... more

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