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Does the I-601A Form apply to me and what should I do about it?

Oakland, CA |

I am a foreign national and an Immigrant Visa Applicant, married to an American Citizen spouse . I have recently received an Email from the National Visa Center indicating to file the I-601A form and notify them about it by Email.Actually, I' m a little bit concerned about it because failure to notify the NVC that I plan to file Form I-601A will delay my visa application.

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Attorney answers 3


Your question is a bit incomplete. Do you require a waiver because you are not lawfully present in the United States? Would your departure cause extreme hardship to your wife? These are a couple of the issues that would clarify your eligibility for the provisional waiver (which requires a filing of form 601a). Also, I am not sure what your concern is. If you are eligible for a provisional waiver, the procedure is for you to email the NVC and notify them that you will be filing a 601a and that they should not immediately schedule you for an appointment at the U.S. Embassy in your country of origin. I would strongly suggest that you contact qualified immigration counsel.

Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship


If you are planning to consular process to return to the U.S. and if you have accrued over 180 days unlawful presence, then you will need the waiver.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


It would appear from the letter you require a waiver. You should be concerned, as these waivers are complex and difficult to obtain. If you aren't already you NEED to work with an experienced immigration attorney. My firm handles such claims throughout the US.
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.