The first step in the immigration process for everyone is for the U.S. citizen petitioner (sponsor) to mail a visa petition to USCIS on Form I-130.

(The new procedures also allows immediate relatives of U.S. citizens who are self-petitioning under VAWA using Form I-360 to apply for a provisional waiver -- but in most cases, the law allows them to adjust status and get their green card without leaving the U.S., so they don't really need this new procedure.)

If you haven't already submitted that form, be sure to indicate in Question 22 to Form I-130 that the immigrant will apply for an immigrant visa abroad at a U.S. consulate abroad rather than adjusting status in the U.S.. (If the immigrant were allowed to adjust status in the U.S., you wouldn't have to bother with the provisional waiver in the first place.) By filling Question 22 out this way, USCIS will, upon approving the I-130, transfer the file to the National Visa Center (NVC) for further action and transfer to the consulate. If you say on the I-130 that the immigrant will apply for adjustment of status in the U.S., you will have to take extra steps to have the file transferred to the NVC. This includes filing a Form I-824 and paying a filing fee, then waiting many months for action on your request.

Only after your I-130 has been approved can you file your Provisional Waiver Application. You cannot submit the visa petition at the same time as (“concurrently” with) the waiver application.

In addition, you will need to notify the National Visa Center (NVC) of your plans, after paying your immigrant visa processing fee. This is the agency that handles your case after USCIS approves the I-130.

By doing this, the NVC will make sure to schedule your immigrant visa interview only after USCIS has made a decision on your provisional stateside waiver application. Failing to notify NVC could result in your case being scheduled for interview at a U.S. embassy or consulate abroad before you are ready. If NVC has already scheduled your visa appointment before you have a chance to contact it, you must notify the consulate at which your appointment is scheduled to let it know you’ll be applying for the provisional waiver and to ask that your interview be postponed until you get back in touch to say that USCIS has made a decision on your application.

The DOS has estimated that it will schedule applicants for their immigrant visa interview within about two or three months of USCIS approving the stateside waiver request and the applicant filing all the necessary visa forms and documents. Applicants can remain in the U.S. during this time period.