Question about the I - 601A Provisional Waiver that came into affect yesterday ?

Asked almost 2 years ago - Seattle, WA

On the instructions, it says that "you must be the beneficiary of an approved petition..." Does that mean that you already need to have an I-130 on file or can an I-130 be petitioned now? Does anyone know if this waiver has an expiration date or will it always be valid?

Attorney answers (3)

  1. Barbara A Marcouiller

    Pro

    Contributor Level 15

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    Answered . Yes. The waiver is part of the overall visa process. It is filed after the I-130 is approved, the file is then transferred to the NVC, you pay the visa fee to the NVC, then you notify NVC you are doing the provisional waiver, then you file the waiver. NVC will hold the visa process while you apply for the waiver. It is a bit complicated. You might benefit from the assistance of an attorney.

    This reply is intended only as general information and does not constitute legal advice in any particular case.... more
  2. J Charles Ferrari

    Contributor Level 20

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    Answered . You must have an approved petition in order to be able to apply.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Gintare Grigaite

    Contributor Level 18

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    Answered . You need to have an approved I-130. If you do not, then you can still file for it now. No, the provisional waiver has no expiration date, so it is best that you file for I-130 right away if you have not done that yet. Contact immigration lawyer for assistance with the process.

    Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact... more

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