I-130 Provisional Waiver and Consular Processing Reminder

In certain situations when the intended beneficiary of an I-130 petition must apply for his or her immigrant visa abroad at a U.S. Embassy or U.S. Consulate, it is important to indicate that the Form I-601A provisional waiver that the immigrant will be processing the petition outside of the United States. If consular processing is indicated on the I-130, the file will be automatically transferred to the National Visa Center (NVC) when the I-130 is approved. If the I-130 indicates that the beneficiary will apply for Adjustment of Status in the United States, the file will not be transferred to the NVC, unless a Form I-824 and the respective filing fee is properly filed. As it can take several months for the Form I-824 to be adjudicated, the provisional waiver process could be significantly delayed.

For additional information on the new provisional waiver guidelines, contact our experienced Los Angeles Immigration Attorney for a FREE consultation.

Need additional information and advice?

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JCS Immigration & Visa Law Office is located at
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Los Angeles, California 90010

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