New I-601A provisional hardship waiver procedures

Starting March 4, 2013, individuals seeking lawful permanent residence based on an approved petition by an immediate relative but who are not eligible to adjust status in the USA and were afraid to leave the USA in order to use the consular processing procedure because their past unlawful presence blocks their return for 10 years, have the option to file a “provisional waiver” application before leaving.

After the immediate relative petition (I-130) has been approved, CIS will transfer the case to the NVC. If the I-130 was filled out correctly, this will happen automatically. Then the NVC will send the applicant fee bills which are paid online. Then the applicant must notify the NVC of his/her intent to file an I-601A by e-mail to NVCi601a@state.gov.

The NVC will make sure to schedule the immigrant visa interview only after USCIS has made a decision on the provisional stateside waiver application. Failing to notify NVC could result in the case being scheduled for interview at a U.S. embassy or consulate abroad before the applicant is ready. If NVC has already scheduled the visa appointment before the applicant has a chance to contact it, the applicant must notify the consulate at which the appointment is scheduled to let it know the applicant will be applying for the provisional waiver and to ask that the interview be postponed until the applicant notifies the consulate that USCIS has made a decision on the application.

The DOS has estimated that it will schedule applicants for their immigrant visa interview within about two or three months of CIS approving the stateside waiver and the applicant filing all the necessary visa forms and documents. Applicants can remain in the USA during this time. http://www.immigration-solutions.com