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

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?

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Filed under: Immigration US visas
Attorney answers 3

Best Answer

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 constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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. This reply does not create an attorney/client relationship.


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 immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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