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
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