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Should we have waited for the i-601 a provisional waiver and risk our case getting closed?

Jackson, MS |

*12 years in the us.* My mother's husband, my stepdad, is a u.s citizen so we filed a I-130 for my mom and i with the help of a notario that was recommended to us and because it was more affordable to us than a lawyer. Our case was approved but the notario advice us to wait for the provisional waiver to come out before continuing with our case since i was still in high school and we were scared that we would have to leave the u.s for the interview without me getting to graduate. We've been waiting for the waiver for a really long time and i graduated this past may, so we decided to tell the notario to continue with our case because we are afraid of the case closing. Did we make the right choice and can the old i-160 waiver still be applied for? By the way is it to late to get a lawyer now?

Attorney Answers 3


  1. It is not too late to get a lawyer. You should definitely hire a lawyer before moving forward. An attorney will be able to address your concerns about the case closing and can give you the information you need to be able to decide whether to apply for the I-601 at the consulate or to continue to wait for the provisional waiver program. Also an attorney can determine if you might be eligible for any additional immigration programs, such as DACA deferred action.

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    The Immigration Answer Man
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    Disclaimer: The information here is for educational purposes only and should not be relied upon without first consulting with an experienced immigration law attorney. The information given may not apply to your individual situation. Immigration laws, regulation and procedure change frequently. This information should not be relied upon as legal advice without first consulting with an immigration lawyer and is not intended to create an attorney-client relationship. Please note that this site is open to the public and any information posted by readers can be viewed by government officials. Ari Sauer is licensed as an attormey by the States of TN, NY & NJ, but is able to represent clients throughout the US. Practice limited to US immigration law. Neither NY, NJ nor TN offer certification as an Immigration Specialist. This is an advertisement.


  2. My dear, waivers are extremely complicated. I know because that's the majority of my work. Having them handled by a notario is not the best idea. Also, you're having this person give you advice about matter that have serious consequences - should you wait, should you stay, should you leave, are you eligible? Would you go to someone who's known to give good footrubs if you needed foot surgery?

    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 veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  3. I agree with my colleagues. Get rid of the notario RIGHT NOW. What is more important to you the price or getting the decision you want? While an attorney CANNOT guarantee you the results you want,. they at least are regulated by State Bars. and have to abide by the rules of professional conduct and State Bar rules. Do you have a copy of what the notario has done to date? If not, get your documents back before you fire the notario. I don't trust notarios are far as I can throw them.

    This communication does not create an attorney client relationship. If I can be of further assistance, please feel free to contact me at any time at either (770)955-1785 or (678)576-9394 or via e-mail at bob@bobbeer.com. THINK IMMIGRATION - THINK BOB BEER

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