Can I apply for an I-601A Provisional Waiver?
USINFO | 2013-10-30 15:38

 
I have already applied for my immigrant visa and have been scheduled for an interview, but I haven’t left the US yet. Can I apply for an I-601A Provisional Waiver?
 
If the foreign national’s immigrant visa interview at the consulate was scheduled by the consulate before January 3, 2013, even if the interview was scheduled for a date after January 3, 2013, then the foreign national is not eligible to apply for an I-601 provisional waiver. This is true even if they did not show up for the interview, cancelled the interview or rescheduled the interview.

 However, if someone did have an interview that was scheduled by the consulate before January 3, 2013, but they are now applying for a visa based upon an I-130 Immediate Relative petition filed by a different relative then they may be eligible to apply for the  I-601 Provisional Waiver. For example, if their current immigrant visa interview is based upon a petition filed by the US citizen parent, but they now have an approved I-130 filed by their US citizen spouse, they would be eligible to apply for the I-601A provisional waiver.

 Also, if the DOS terminates the foreign national’s immigrant visa registration associated with the scheduled interview, which can sometimes occur when the foreign national goes more than a year without contacting the National Visa Center or the consulate processing their case, then the foreign national would then be eligible to apply for an I-601A Provisional Waiver based upon a newly filed and approved Immediate Relative I-130 immigrant petition, even if the new I-130 petition is filed by the same Immediate Relative.
 
 
美闻网---美国生活资讯门户
©2012-2014 Bywoon | Bywoon