You’ve Got I-601A Waiver Approval—Here’s What Comes Next

November 24, 2024

Congratulations on getting your I-601A waiver approved! This milestone represents a significant step forward in your immigration process and brings you closer to your goal of lawful permanent residency. 

At Wogwu Law, we understand how much this moment means to you and your family. Attorney Lisa Christopher Wogwu is here to provide guidance and support as you move through the next stages of your journey.

With years of experience assisting individuals and families in their immigration cases, attorney Wogwu is committed to helping you understand what lies ahead. 

Let’s walk through the next steps together.

Understanding the I-601A Waiver

The I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is a crucial tool for certain immigrants. 

This waiver removes the unlawful presence inadmissibility rule, which affects individuals who stayed in the U.S. without legal status for more than 180 days. Without it, leaving the U.S. for a visa interview could result in a 3- or 10-year re-entry ban.

To qualify for the I-601A waiver, you must meet specific criteria:

  • You entered the U.S. without authorization or overstayed a visa.
  • You have a qualifying relative (a U.S. citizen or lawful permanent resident spouse or parent).
  • You demonstrate that your absence would cause extreme hardship to your qualifying relative.

This waiver lets you attend your consular interview abroad without the risk of being banned from re-entering the U.S.

How to Check I-601A Status

Staying informed about your case status is essential. Here’s how you can check the progress of your I-601A waiver:

  1. Use the USCIS Case Status Online Tool
    Visit the USCIS website and enter your receipt number from the Form I-797C Notice of Action.
  2. Understand the Updates
    Common status updates include:

    • “Case Received”
    • “Request for Evidence” (if additional information is needed)
    • “Case Approved”
  3. Create a USCIS Online Account
    For automatic updates and notifications, consider setting up an account with USCIS. This way, you’ll receive real-time information about your case.

I-601A Processing Time

The current average processing time for the I-601A waiver is approximately 43.5 months, as of January 2024. However, it’s important to keep in mind that this timeline isn’t set in stone. 

The time it takes for your case to progress depends on factors like USCIS’s workload, the number of applications being processed, and the specific details or complexities of your case. 

While waiting can feel challenging, staying informed and prepared for the next steps will help you make the most of this time.

What Comes Next After I-601A Waiver Approval?

Once your I-601A waiver is approved, your case moves forward to the consular processing phase. Here’s what happens next:

Step 1: The National Visa Center Takes Over

Once your waiver is approved, USCIS will notify the National Visa Center (NVC). The NVC plays a critical role in preparing your case for consular processing. This means that your case is now in the hands of the agency that will coordinate your visa interview abroad. 

They will review your file to ensure all required documents and fees have been submitted before sending your case to the U.S. consulate in your home country. 

At this stage, it’s crucial to watch for any communication from the NVC and respond quickly to prevent delays. Attorney Wogwu can help ensure everything stays on track.

Step 2: Preparing for the Visa Interview Abroad

After the NVC has reviewed your case, you will receive an appointment notification for your visa interview at the U.S. consulate in your home country. 

This notice will include the date, time, and location of your interview. To prepare, you’ll need to gather a list of critical documents:

  • Your I-601A waiver approval notice
  • A valid passport
  • Medical examination results from an approved panel physician (make sure to schedule your exam close to the interview date to meet requirements for recency)
  • Police clearance certificates from every country where you’ve lived
  • An affidavit of support (Form I-864) completed by your sponsor
  • Birth and marriage certificates, if applicable
  • Financial documents such as tax returns and pay stubs
  • Any additional documents specific to your case

It’s normal to feel nervous about the interview. Many applicants worry about forgetting something or facing unexpected questions. Attorney Wogwu is here to guide you through the preparation process, ensuring you feel confident and ready for your interview.

Step 3: The Consular Interview

The consular interview is a crucial step in your immigration process. During this meeting, a consular officer will evaluate your case to decide if you meet all the visa eligibility requirements. 

They may ask questions about your background, your family, your plans in the U.S., and how your sponsor will support you financially.

You should be ready to answer questions honestly and bring any documents the officer asks for during the interview. The officer’s job is to make sure your application is correct and that nothing prevents your visa from being approved. 

Attorney Wogwu can help you practice for the interview by going over potential questions and ensuring you’re ready for this critical step.

Step 4: Overcoming Potential Obstacles

Even with a strong case, some applicants face challenges after their consular interview, like delays from administrative processing or requests for more evidence.

Administrative processing is an extra review that happens when the consulate needs more time to look over your case. While it can be frustrating, it doesn’t mean your application will be denied.

If you’re asked to provide more evidence, it’s important to do so quickly to avoid further delays. Attorney Wogwu can help you handle any unexpected issues and work to resolve them as soon as possible.

Step 5: Visa Issuance (If Approved)

If your visa is approved, the consulate will keep your passport to process and issue the visa. This process typically takes about a week, but it can vary depending on the consulate’s workload. 

Once your visa is ready, you will also receive an immigrant visa packet. This sealed packet contains important documents you must present to U.S. Customs and Border Protection (CBP) when you arrive in the United States. 

Do not open this packet—it must remain sealed until you hand it to the CBP officer at the port of entry.

Step 6: Entering the United States

With your immigrant visa in hand, you’re ready to travel to the United States. Upon arrival at a U.S. port of entry, a CBP officer will review your immigrant visa packet and verify your documents. 

If everything is in order, you’ll be admitted as a lawful permanent resident. Your visa will serve as temporary proof of your status until your physical Green Card arrives. This step marks the beginning of your new life as a permanent resident in the U.S.

Step 7: Adjusting Your Status to Permanent Resident

While your visa allows you to live and work in the United States, you’ll need to wait for your physical Green Card to arrive to complete the process. The Green Card is your official proof of permanent residency. It usually arrives within a few months, though processing times can vary. 

During this time, make sure to meet any additional requirements or deadlines to ensure your status remains in good standing. Attorney Wogwu can provide guidance on maintaining your status while you wait for your Green Card.

Step 8: Social Security Number

If you requested a Social Security number during your immigrant visa application, you don’t need to take any further steps. The Social Security Administration will automatically assign your number and mail your card to your U.S. address. 

This typically happens within about three weeks of your entry into the country. Your Social Security number is an essential part of your new life in the U.S., allowing you to work and access other benefits.

Need Help with Your Immigration Journey? Contact Wogwu Law Today

Attorney Wogwu understands how important this process is for you and your family. At Wogwu Law, we’re dedicated to helping you achieve your immigration goals with care and professionalism. 

If you’re ready to take the next step, contact us at 210-972-4480  today. Let’s work together to secure your future in the United States.