I601a appoved, now they want a i601, failed medical cdj

[V2prop 0]

So long story short i was approved for i601a and went to my interview september 2015, but failed the medical exam due to admiting to marihuana use, i got the 1 year ban along with random monthly drug tests for 12 months, along with staying abstinent from alcohol for 12 months, i have no problem doing that at all:D,

Question is the blue paper tbey gave me at the interview says i need to apply for the i601 waiver even though ive already been approved for the i601a, my attourney says once the one year ban is up so will the (9B2) ineligibility which is why they ask for the i601 again , i am so confused with this topic i can not come accross any case similar to mine anywhere, and i dont want to be down in mexico any longer than 1 hear if i had to file for another waiver it would take longer, i need my family as much as they need me , they are in the states .. Hope some here can give me some relief and assure me my attourney is right and i wont have to apply for another waiver thanks in advance .

[Hypnos 6,577]

I-601A only covers illegal presence; any other grounds of inadmissibility require an I-601 (and sometimes an I-212) to attempt to overcome.

Edited June 6, 2016 by Hypnos

[LionessDeon 2,060]

Never heard of needing a I-601 waiver for admitting to past use. Once the ban is up you should be ok to get new medical etc.

Did they say what the inadmissibility is that the waiver is needed for?

[V2prop 0]

This is what the blue paper says:

You are inelible to receive a visa under the followingsection of the immigration and nationality act:

1A4 The applicant uses a xontrolled susbtance. You may obtain a new medical wxam to demonstrate that you do not use a controlled substance after this date: Sept 2016

9B2 The applicant was unlawfully present in U.S. For more than 365 days. This inegilibility will expore after sept2025.

For the violation stated above, the immigration and Nationality Act may provide the following releif:

I-601 waiver you may file the i-601 waiver if you have a qualifying relationship.

For the violation stated above, the immigration and Nationality Act may provide the following releif:

I-601 waiver you may file the i-601 waiver if you have a qualifying relationship.

Please someone here have a similar case ??? Why is my attorney assuring me that once the one year ban is up , the 9b2 ineligibility will automatically be lifted as well. ???my attourney says they can not deny you a visa for just one ineligibility and thats why they added the 9b2 ?????

[newacct 688]

I-601A is provisional waiver for if you only have the 9B ban. If you have any other inadmissibility besides 9B, then the I-601A is useless and you shouldn't have done I-601A if you had any other inadmissibillity (and your lawyer should not have had you do I-601A if he should have known you had any other inadmissibility). If you really are inadmissible for medical reasons, then they are right to deny your visa, and yes, once they deny you, the I-601A is thrown out and you must apply for waiver for both bans from scratch, using I-601.

[V2prop 0]

So basically once the 1A4 ban is removed when i clear the medical exam my 601a will still be good since 9b2 will be my only inadmisibility issue, amd ill be good to go???

Edited June 6, 2016 by V2prop

[newacct 688]

So basically once the 1A4 ban is removed when i clear the medical exam my 601a will still be good since 9b2 will be my only inadmisibility issue, amd ill be good to go???

No. You need to remove both 1A and 9B bans. Your I-601A was automatically revoked because you were inadmissible for some reason other than 9B.

Edited June 6, 2016 by newacct

[V2prop 0]

This is what my attorney responded me after i asked the same question.. :

I believe that you will no longer be inadmissible for the reason that you

were denied, since you will have been completely recovered at your next

interview date. That leaves you back to just the one reason that you are

inadmissible, the one for which your I601A has been approved. At any rate,

we would not be able to file a new waiver application until AFTER your new

immigrant visa appointment.

[newacct 688]

The lawyer is saying the same thing you said he said before and I don't think that's right. 8 CFR 212.7(e)(14)(i) says:

(14) Automatic revocation. The approval of a provisional unlawful presence waiver is revoked automatically if:
(i) The consular officer determines at the time of the immigrant visa interview that the alien is ineligible to receive a visa under section 212(a) of the Act other than under section 212(a)(9)(B)(i)(I) or (II) of the Act;

In fact, USCIS should have denied your I-601A application to begin with if they believed you have some other ineligibility, but they are not responsible for catching all cases. 8 CFR 212.7(e)(4)(i):

(4) Ineligible aliens. Notwithstanding paragraph (e)(3) of this section, an alien is ineligible for a provisional unlawful presence waiver under paragraph (e) of this section if:
(i) USCIS has reason to believe that the alien may be subject to grounds of inadmissibility other than unlawful presence under section 212(a)(9)(B)(i)(I) or (II) of the Act at the time of the immigrant visa interview with the Department of State;

Maybe your lawyer is just trying to hide the fact that he wasted your money and effort to apply for something you weren't eligible for, and causing you to be stuck outside the US when you didn't expect to. I mean, I hope I'm wrong and your lawyer's right, but I doubt it.

Anyway, you have to file an I-601 for the medical ban anyway, and it's not much more effort to apply for a waiver for the other ban too on the same form, since you have already done the work for the evidence for the provisional waiver.

[V2prop 0]

This what im being told after i showed my big concern, gosh i dont know who to believe Anymore this is so frustrating ...

If we were to file a I-601 wavier now, it would be denied because you are

currently inadmissible for two reasons. You will have to be clean for over

a year to not be inadmissible for the positive drug finding. (It used to be

three years) I believe that if this issue no longer makes you inadmissible

you will only have one reason you are inadmissible. The one for which the

601A was approved. However, it is not impossible that 601A approval was

revoked. At this point, my advice is wait until we can get you a new

immigrant visa interview. At interview they will either approve the visa

(without having to paying my firm or the filing fee for a second waiver

application) or tell you file a I-601.

[TBoneTX 45,704]

Thread is moved from the Embassy/Consulate forum to the Waivers/AP forum.

[V2prop 0]

So by the last response i got from my lawyer, im even more confused now, is it true that i can not file for the i601 waiver now until after my next Consulate interview ?? In case i needed to ? Im hoping someone here has knowledge about this

[Hypnos 6,577]

Yes, you should wait until the interview and see what happens.

[V2prop 0]

Thanks for everyones advice even though the advice varies alot.

I hope someone here has went through the same ordeal as me and tells me how it went ..

[V2prop 0]

Also as far as im comcerned there is no waiver at all for substance abuse , so my lawyer says wven if i were to submit i601 it will be denied, so best thing to fo is wait to clear a new medical exam and then get a second interview ??? Can i schedule the interview before i do the medical or do i have to do the exam then schedule the interview ??