If my I-601A Provisional Waiver application is approved, does that guarantee that I will be granted my immigrant visa at the consulate?
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
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
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, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.
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 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.
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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.