Often I’m asked, “what’s the time processing for provisional waivers and when do I have to leave the United States or if I have to leave the United States?” The important thing to remember about provisional waivers is that the whole purpose of it is that you have to leave the United States at some point. The beauty of the provisional waiver is that you can do the whole process, for the most part, in the United States and wait here until your application is approved, before you go home. The petition is filed here in the United States. The family-based petition can take approximately 4-6 months for a decision and then once that’s done, the Consulate notifies you that it is ready to process the case overseas. You will then notify them that you are applying for the provisional waiver. The provisional waivers are taking approximately four months for a decision. After that is when you will get notification to go home to the S. Consulate. Once you know when you have your interview at the U. Consulate, is when you need to leave. You do need to leave some time for yourself to take a medical exam overseas and then assume that you might have to wait a week or so for the Visa to be put into your passport. For the most part, you’re not going to be there for too long, no more than a month. You will know when you need to leave the United States. If you do need to leave the United States, the answer is yes, it’s the whole point of the provisional waiver. If you have more questions about provisional waivers or want to understand the process better, it’s important to speak with me or an experienced immigration lawyer in New York.

Cheryl David is an experienced immigration attorney serving the NYC area. Please click here to contact her with questions regarding your case or provisional waivers and get a free initial consultation.