I-601A 5 to 10 year bar was approved, visa denied at interview need to file I-601

[Chino3537 0]

Hello,

My husband applied for I-601A provisional waiver, to waive the 5 to 10 year bar, it was approved within 2 months. We departed to Honduras on 8/9/15. He had his interview on 8/11/15 and he was told he needed to fill out the I-601 waiver due to a drug conviction in 2010. He was caught with a joint of marihuana.

I have a question for anyone that have had experience in this situation. Since his I-601A provisional waiver was approved, will the I-601 waiver of ground of inadmissibility be approved quickly? I know I'm getting my hopes high, but pretty much the waiver are very similar. My lawyer told me that he will submitting the same documents he submitted previously. We did submit a copy of court records that he had completed everything required by the court.

Any assistance will be appreciated.

Thanks in advance.

​

[Hypnos 6,578]

Not sure the I-601A will have any bearing on the I-601. As you've found out, the I-601A is for unlawful presence only. Any other grounds of inadmissibility require an I-601. Since you have a lawyer and they didn't mention this to you, you might want to look into firing them, if they also represented you for the I-601A.

[Jawaree 718]

If you had an atty he should be fired, It will tae months for I 601 to prepare & send in but doable

someone dropped the ball if disposition was furnished & conviction declared, A joint though ???

that comes under exception (less than 30 grams) unless it was a big fat humongous cigar type joint

weighing over that amount

[Boiler 46,320]

You need a waiver for the drugs which is similar but not the same.

And if you told the lawyer about the drugs a new lawyer.

[Alex_hn 1]

Hi! Sorry to hear what happened to you and your husband, that's tough ?

I'm having my appointment in a few weeks and I have a question I can find an answer maybe u can help me. Do i need to have my fingerprints taken before the interview day? Do I need to make an appointment for that? Please I hope you read this sooner than later. Thank you and hope your husband get that I601 approval soon

[HFM181818 750]

If your husband did not reveal this conviction on his first application, he could be found ineligible for misrep/fraud....and those waivers (along with one for drugs) will be tougher to get, as the circumstance that brought about the ineligibility is far more serious...and your attorney has shown him/herself to be as ethically challenged and useless as most of them are. Get a new one, because merely filing the same papers probably won't succeed....the first big question asked of the adjudicator will be, 'gosh, how did you forget that conviction for drugs?'...(i.e., the applicant was not being forthright)....

[Quito77 0]

I have done all of the paperwork for my husband and had no problems until the interview which I was not at. Filing the 601 should only take a matter of hours to fill out the form and basically send in the same paperwork as what was sent with the 601A, unless he wants to send additional information not previously submitted. The 601 & 601A are very similar applications. Processing times are what is taking forever. My husband's paperwork was accepted and filed on June 12th, 2015 and is at the Nebraska Service Center. He is from Mexico. We also had an approved I-601A before he left for his interview in Juarez, Mexico. His charge was strictly a misrepresentation charge during the interview and the Officer wrote a totally bogus report about what he said in the interview, but that is another subject. Where he messed up is she asked if he was hidden when coming across and he said no and then she asked if he had documents that were presented to the Border Patrol and he said no. That is a conflict of interest. If they see you, they have to have documentation for you. They never saw him though. He WAS hidden, but never had any documents presented on his behalf to come across. She reported that he told her that he DID have false documents and he paid someone to get them for him and present them on his behalf. He said he told her at least twice he did not have documents. Not to mention he would be a moron to say all that. Apparently she must have been having a bad day. In my mind it is so insignificant to the whole situation. His record is 100% clean, worked since the 3rd day he got here, busts his butt for me and the kids, moved up quickly in the company he works for and never has had a record, never done a single drug, doesn't drink, etc. A good guy, husband and father. So the processing time was at 4 months and we crossed the 4 month mark and they changed it to 5 1/2-6 months. It changes often though and 4 months has stuck pretty much the whole time that we have been going through this. I am praying every day that we get the approval letter in the mail and the kids and I can have him back home!

[Quito77 0]

Hi! Sorry to hear what happened to you and your husband, that's tough ?

I'm having my appointment in a few weeks and I have a question I can find an answer maybe u can help me. Do i need to have my fingerprints taken before the interview day? Do I need to make an appointment for that? Please I hope you read this sooner than later. Thank you and hope your husband get that I601 approval soon

Yes, you need to get your fingerprints done. They should have sent you all of that information of where to go. You should also have to do a dr. appointment over there too which needs to be done ahead of time. My husband went a week early to get it all done and have it ready. I am assuming you mean you have your interview in a few weeks right?

[Boiler 46,320]

Did you post on the wrong thread?

[Rippycheema 1]

Hello everyone my i601 waiver received on june 18th at nebraska center....before they said 4 months....i called them yesterday they are saying to wait another 2 more months ...cuz they are backed up....does anyone had any update for that?

[Boiler 46,320]

That sounds about right.

[Aatlguy 0]

Quito77 ... Did you get your approval?

[HFM181818 750]

working without permission after having snuck across our borders means one's record is not 100% 'clean' since he violated our labor laws, immigration laws (and likely tax laws)....and blaming the CO, the most common theme around, is silly. When an applicant fails to disclose something that is considered an ineligibility on his or her visa application, that is considered misrep/fraud....period. Sneaking across our borders, working without permission and hiding information from the US Govt are not exactly the actions of a law abiding individual. The CO did not stuff him into a trunk of a car, did not force him to work at gunpoint while in the US and did not strong arm him to conceal his drug conviction- those actions your husband took voluntarily. And if he was caught with a joint, by whom? Our authorities? If so, how does that fact (and arrest) coincide with having a 'clean' record? There is a disconnect here.

[indhiraastacio 38]

working without permission after having snuck across our borders means one's record is not 100% 'clean' since he violated our labor laws, immigration laws (and likely tax laws)....and blaming the CO, the most common theme around, is silly. When an applicant fails to disclose something that is considered an ineligibility on his or her visa application, that is considered misrep/fraud....period. Sneaking across our borders, working without permission and hiding information from the US Govt are not exactly the actions of a law abiding individual. The CO did not stuff him into a trunk of a car, did not force him to work at gunpoint while in the US and did not strong arm him to conceal his drug conviction- those actions your husband took voluntarily. And if he was caught with a joint, by whom? Our authorities? If so, how does that fact (and arrest) coincide with having a 'clean' record? There is a disconnect here.

Well put.

[Harmonia 211]

working without permission after having snuck across our borders means one's record is not 100% 'clean' since he violated our labor laws, immigration laws (and likely tax laws)....and blaming the CO, the most common theme around, is silly. When an applicant fails to disclose something that is considered an ineligibility on his or her visa application, that is considered misrep/fraud....period. Sneaking across our borders, working without permission and hiding information from the US Govt are not exactly the actions of a law abiding individual. The CO did not stuff him into a trunk of a car, did not force him to work at gunpoint while in the US and did not strong arm him to conceal his drug conviction- those actions your husband took voluntarily. And if he was caught with a joint, by whom? Our authorities? If so, how does that fact (and arrest) coincide with having a 'clean' record? There is a disconnect here.

You've confused 2 different posters. The "clean" record and the "joint" are different people from different countries.