I 601A Waiver New Procedure

I 601A Waiver New Procedure

Author: New York Immigration Waiver Attorney Alena Shautsova

I 601A waiver is an immigration waiver which allows certain immediate relative of the US citizen to avoid prolonged separation with their families while they are applying for green cards. The waiver helps those who cannot adjust their  status in the US due to coming to the country illegally.

Until recently, an I 601A waiver applicant would have to inform the National Visa Center or consulate about his/her intent of applying for the waiver,  and the NVC would hold on on scheduling the visa appointment for the waiver applicant until the waiver is adjudicated.

However, recently the USCIS changed the procedure. The NVC will accept only the notifications of waiver filing from the USCIS. In addition, if the applicant informed the NVC of intent to file the waiver but failed to do so within six months, the NVC will forward the case to the consular post for the interview.

This should be taken into consideration by practitioners and applicants. In case the applicant receives a notification that his/her interview has been scheduled, he/she should contact the consulate immediately and inform about the intent to file for the waiver and ask for the interview to be cancelled.