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I-601A Provisional Waiver Lawyer: Tips for filing the I-601A Form and Waiver Application


Filing Tips with the kind sharing of Laurel Scott, Esq:
1. The first thing the form asks for is an alien number. Most applicants won’t have an alien number unless they’ve been placed in proceedings. If you’re unsure, look at the I-130 approval notice. If the alien has an alien number, it is usually above the alien’s name.

2. For question 2, if the applicant does not have a Valid social that actually belongs to him/her, leave blank. If the applicant was ever issued a Valid social – e.g. as a child or when in lawful status – that social still belongs to the applicant even if he/she goes out of status, and should be listed on the form.

3. Part 2, question 1. If you’ve re-filed your I-130, use the most recent receipt number. For question 4, use the NVC case number associated with the most recent I-130. If you re-filed, you have to wait for the new I-130 to be approved.

4. Part 2, question 5. The answer should always be ‘no’. If the answer is ‘yes’, you’re not eligible. If you re-filed the I-130 and the new one hasn’t been sent to the consulate, then your answer is ‘no’, even if the old was was scheduled.

5. Parts 4 and 5. Don’t try to write your ‘letters’ or ‘briefs’ in that space. The instructions say you can write “see attached”.

6. Page 2 of the instructions solves the problem of leaving while the case is administratively closed. The instructions say that if you are in proceedings and get the provisional waiver approved, approach EOIR about getting proceedings terminated (not just administratively closed) before you depart.

7. Don’t forget to include a copy of the NVC IV Bill receipt and the I-130 approval notice. If you don’t have the I-130 approval notice, they will accept a copy of the online case status showing the case was approved.

8. The instructions say they will accept photocopies of items. IMHO they still want original letters, but they want to be clear that they are not sending you anything back, so don’t ask.

9. Checks will be processed electronically so if you want your payment to have the receipt number on the back as a secondary way of getting your case number (in case receipt notice doesn’t arrive), I recommend using a money order.