The provisional waiver process is not a change in the law, only a change in procedure. The new procedure will take effect on March 4, 2013. The new procedure shortens the time immigrants must wait outside the United States.
Applicant must:
- be the spouse or child of a United States citizen
- be the beneficiary of an approved immediate relative visa petition
- be present in the US
- have a case pending with the Department of State based on the I-130 and have paid the immigrant visa processing fee
- show extreme hardship to United States spouse or parent
- be inadmissible due to unlawful presence ONLY
- be at least 17 years old
- file the waiver application before they depart the US for their visa interview abroad
- notify the Department of State that they are filing
- pay an additional $670 in fees
Process:
- U.S. citizen files an immigrant visa petition on behalf of their spouse or child
- Immigrant petition is approved
- Consular processing begins at the U.S. State Department (Department of State will request the affidavit of support and the immigrant filing fee).
- The immigrant files the I-601A waiver application with evidence of extreme hardship.
- The waiver is approved. (If the waiver is denied, the immigrant may be referred to deportation proceedings.)
- The consular interview is scheduled.
- The immigrant leaves the United States to attend the consular interview.
- The visa request is processed and the immigrant returns to the United States with their permanent resident packet. (This step may take anywhere from three days to three weeks.)
- Once you are in the United States you will be a permanent resident and eligible to work, get a driver’s license, and social security number.
Filing Fees:
- $420 for immigrant visa petition
- $165 for immigrant processing fee
- up to $300 in additional consular fees and medical exam fees
- $670 for provisional waiver fee
- up to $50 in additional fees for translations, photos, copies, etc. if necessary
- TOTAL: plan on spending $1600 in filing fees
Attorney’s fees:
- $2000
Additional expenses:
- you should also budget for visits to a psychiatrist or other mental health professional to establish hardship
- you will have to travel to your home country and stay there for at least a few days, but you should budget for several weeks just in case your application is delayed