TOP 12 THINGS YOU NEED TO KNOW ABOUT THE PROVISIONAL WAIVER RULE – I-601A WAIVER

Ruby Lichte Powers

Written by

Immigration Attorney

Contributor Level 12

Posted over 1 year ago. 4 helpful votes

Email
  1. Final rule published January 3, 2013 and USCIS will start accepting I-601A waiver (provisional waivers) on March 4, 2013.

  2. Only applies if the applicant’s qualifying relative is a US citizen spouse or parent.

  3. Only applies if the applicant’s ground of inadmissibility will be unlawful presence.

  4. Applicants still have to leave the US to follow through with the consular processing and waiver. Please note: this rule doesn’t keep the applicant from leaving and triggering a bar but it does diminish the time abroad.

  5. As per the form and instructions, applicants can apply for the provisional waiver more than once.

  6. If an applicant is at the National Visa Center stage, they must notify NVC of plans to apply for the provisional waiver rule. One must notify the NVC as soon as the fee bills have been paid, by emailing NVCi601a@state.gov.

  7. If an applicant has had a visa interview scheduled, to be able to still submit a provisional waiver a new visa petition ( a new I-130) must be filed and one must ask the Consulate to cancel the registration of the previous immigrant visa case.

  8. If an applicant is in removal proceedings, has their case administratively closed, has no calendared hearing in the future, AND otherwise qualify, an applicant can submit a provisional waiver.

  9. Only USCIS can adjudicate the I-601A waiver (not immigration court).

  10. An applicant should only file a provisional waiver if they don’t have any criminal history that would make them inadmissible. Therefore, one must consult with an immigration attorney if the applicant has any criminal history and wants to pursue this.

  11. After the I-601A waiver is approved, it is expected that the visa appointment in the applicant’s home country will be 2-3 months afterwards.

  12. If the Consulate at the visa appointment determines the applicant has other grounds of inadmissibility, an approved provisional waiver is automatically revoked.

By Ruby L. Powers, I-601A attorney/Provisional Waiver Attorney

Law Office of Ruby L. Powers

Located in Houston, Texas helping clients around the US and world with their US Federal Immigration needs.

Additional Resources

Please beware of ‘notarios’ unlawfully practicing law as it is illegal and they often do not suffer the consequences of their actions as much as the applicants do who use them. The author sees this time and time again via her legal consultations with clients who have cases made more difficult to solve by notario actions. Immigration attorneys and immigrants are grateful for this opportunity by DHS!

Law Office of Ruby L. Powers

Rate this guide

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Visas

There are many types of immigrant and non-immigrant visas, including work visas, student visas, and marriage visas.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,448 answers this week

3,175 attorneys answering