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Provisional waiver question

Santa Rosa, CA |

I have this so called "lawyer" which really is no help because he never answers my calls and he said that we have to wait until March 4th for him to find out what are next step will be. Which I think is dumb because most other lawyers are already starting on the waiver packet for this new process. If I decide to dip him out and pursue to do this either with a different lawyer or do this by myself can I get started with the packet or do I have to wait until the new I-601a form comes out? Do I pay the last NVC bill f $200 something and do the advit of support or what? I'm confused and this so called lawyer of mine is USELESS. Do i pay the last fees or do I wait for what ever this person says HELP pLEASe

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Attorney answers 4


The department of state has already provided instructions on what to do if your case is ready for processing. We also already know that the immigrant visa and affidavit of support fees must be paid in order to file the provisonal waiver application on march 4th.

My firm handles waivers primarily and we're getting a head start on gathering evidence and preparing to file so we can be ready for march 4th.

We have no way of knowing why your lawyer is taking a different route since he/she has your file and we don't. You always have the right to change representation.

For more information about waivers, please visit my site:

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 Contact us at 713.335.5505 or email at Veronica Tunitsky offers in-person, as well as telephone and email consultations.


I agree many attorneys are already beginning to prepare the evidentiary packets in anticipation of this coming March. You are free to change attorneys at any time of your choosing.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


I agree with my colleagues.


To apply for the provisional waiver you need to show that an immediate relative will suffer extreme hardship. There are many documents one can use to show this, additionaly affidavits of support to show extreme hardship often take time to write so it is better to start the process early. However, in some situations depending on whether one has already received an interview notice one may not qualify for this new stateside waiver and may still have to go through the old process. If you feel your attorney is not keeping you properly informed you can always try someone else.