If the I-601A Provisional Waiver application is approved,

Asked over 1 year ago - San Bruno, CA

If my I-601A Provisional Waiver application is approved, does that guarantee that I will be granted my immigrant visa at the consulate?

Attorney answers (4)

  1. Lynne Rogers Feldman

    Contributor Level 18

    3

    Lawyers agree

    1

    Answered . No. You will still need to meet all requirements for the immigrant visa. If there is any other issue of inadmissibility this will need to be waived as well. The only issue of inadmissibility that can be waived through the provisional waiver program is the 3 and 10 year bar you will trigger when you go overseas based on your unlawful status in the U.S.

    It is very important that you use competent counsel throughout the process and that you be completely honest with your attorney. Be sure to disclose any border stops prior to or after you successfully entered the U.S., all criminal records, any quick or long trip overseas and then returning to the U.S., any use of false documents to enter the U.S., etc.



    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

  2. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with my colleagues. Consult with an experienced immigration attorney before you make the application.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Veronica Tunitsky

    Contributor Level 18

    2

    Lawyers agree

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    Answered . So long as you're doing it right - working with an attorney who can comb your case for any and all possible issues - your chances of receiving a visa after the provisonal waiver is granted are very strong.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more
  4. Natalia Polukhtin

    Contributor Level 13

    2

    Lawyers agree

    Answered . No, approval of the provisional waiver application makes issuance of an immigrant visa more likely, but does not guarantee anything. Many other requirements still need to be met that are not related directly to the waiver process.

    Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation,... more

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