In order to file an application for provisional waiver, you must have an approved I-130 petition and must have paid the immigrant visa fee. If you don’t have an approved I-130 petition, then the first step is to file a form I-130, Petition for Alien Relative. USCIS will normally take between 3 to 6 months to process the I-130, although recently it has taken longer than usual. Please note that this are only estimated processing times and no attorney can guarantee that your case will be processed sooner.
Once the I-130 has been approved, it is forwarded to the National Visa Center (NVC) for the immigrant visa process. This part of the process involves: 1) notifying the NVC that you plan on filing form I-601A, 2) paying the immigrant visa and affidavit of support fees, 3) completing the immigrant visa application (DS-260), and 4) submitting all necessary documents to the National Visa Center for processing. This part of the process can take as little as two months.
Once you have paid the Immigrant visa fee, you can proceed to file form I-601A (Application for provisional waiver) with USCIS. USCIS will then notify the NVC that you have filed the provisional waiver application and the NVC will place the file on hold until a decision is made. Visit the link “Provisional Waiver” for more information on what is required for this step. The estimated processing time for the I-601A is between 4 to 6 months. If your application is approved, USCIS will then send notice of the approval to the National Visa Center.
If the National Visa Center has already completed the immigrant visa process, then it will place your file in the scheduling system so that an appointment is scheduled at the appropriate U.S. Consulate. Appointments are normally scheduled after 2 to 3 months.
If you are not familiar with immigration laws you should first consult a licensed immigration attorney in order to determine if your relative qualifies and can benefit from the provisional waiver process. If you need help with a family petition or a provisional waiver application, call our office to schedule a consultation (704) 644-7065.