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  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

You have to wait until your 1 year ban (for the drug use) is up and your second medical exam comes back clean. Then you would have your second interview. At that point, they will either approve you (the drug ban would be up and the medical would have cleared you, so you would only have ONE ban left) or deny you (based on the remaining ban--illegal stay).

So, if you were to apply for the I-601 waiver right now, it would be denied because you have two bans against you. You need to clear the drug ban, BEFORE you can file for the I-601 waiver.

The provisional waiver is technically valid indefinitely, but can be revoked. I believe your I-601a is automatically revoked if you have more than just the 3yr/10yr ban against you.

How Long Is My Approved Provisional Unlawful Presence Waiver Valid and When Can USCIS Revoke It?

2. Revocation of an approved waiver. An approved provisional unlawful presence waiver is automatically revoked and no longer valid if: A. You enter or attempt to reenter the United States without inspection and admission or parole: (1) While your application for a provisional unlawful presence waiver is pending with USCIS; (2) After your provisional unlawful presence waiver is approved; or (1) Before your immigrant visa is issued; B. The DOS consular officer determines at the immigrant visa interview that you are ineligible to receive the immigrant visa because you are inadmissible on grounds other than the 3-year or 10-year unlawful presence bars;

USCIS

Sent I-130.........05/28/16

USPS Delivered.....05/31/16

Check cashed.......06/03/16

NOA1...............06/03/16

NOA1 (hard copy)...06/10/16

NOA2...............08/08/16

Filed: IR-2 Country: Mexico
Timeline
Posted

Hey bro i feel you I also got denied for being unlawfully present in the US for more than one year. I should of filed for the I601a before coming to my interview, since I didn't hire a lawyer or legal advice I went to my interview with out it. I been in the states continuously for 25 yrs and I'm 26 yrs old. I had my interview in CDJ may 13 and got denied. I also admitted to using marijuana when I was a growing up last used in 2010 they tested me for it and came out clean. I filled a 601 waiver they received it on May 26 and by the looks of it it's going to take 7-8 months to get a reply.

Filed: Timeline
Posted

I would recommend you contact a lawyer who specializes in waivers - your current lawyer doesn't seem to be very knowledgeable about ineligibilities and waivers. For example -- he was completely wrong to tell you that if you only have one ineligibility, you will not be denied. If there is any ineligibility, any at all, the visa has to be denied until the eligibility is overcome or waived.

A good waiver lawyer will know if you can file the I-601 for the 9B ban now, since you have already been found ineligibile for unlwaful presence. Between the preparation, filing, and processing time, the drug ineligibility will likely be overcome before the waiver is aproved.

  • 3 months later...
Filed: Other Country: Mexico
Timeline
Posted

Can u please tell me what happened.. My husband is going thru the same situation as you. I am so desperate and don't know what to do... He was in the us. We did the I601A, got approved.. Had his medical exam, said he used a drug once in his life and then during the consiular interview, he got denied his visa because of the drug use and for being here more than a year. He was also advised to do I601 waiver... Please tell me what has happened to you.

Filed: Other Country: Mexico
Timeline
Posted

I was also advised by my lawyer that he basically has to wait a whole year and then redo the medical, get that cleared out. And then has to redo the I601 again but in Mexico. And hope for the best that he gets approved again. May god bless everyone in this journey. It's not easy, but we will be reunited with our loved ones again..

Filed: AOS (pnd) Country: Mexico
Timeline
Posted

Hi mll16

I will be glad to let you know what happens i am going to take my new medical exam around middle of october , once i receive the results i am going to bring them to the consulate window and go from there , im staying positive that i will be granted a visa once i show the clean medical exam.

I will post any updates as soon As i can.

Stay positive okay god is great.

  • 3 weeks later...
Filed: Country: Mexico
Timeline
Posted

My husband's case is very similar to yours. He had his 601A approved before we went to his first consular interview (June 15th, 2015). At his interview he was denied because he had admitted to trying drugs in the past. They gave him the blue paper that said he needed a 601 waiver and a second medical test anytime after March 2016. He was also required to do random drug testing over the course of the year.

June 2016 he went back and got his medical test and a 2nd consular interview. At the 2nd interview they said his medical was approved and that all he needed was the I-601 waiver. The Nebraska Service Center just received his I-601 October 11th, 2016. I'm not sure if they will just mail him his visa after it gets approved or if he has to go back again to Juarez to get a 3rd medical and interview. I really hope not because that just means it's going to take more time being stuck in Mexico and more money spent.

I will keep you updated and if there's anyone else out there with a case similar to ours please let me know! This is very frustrating and depressing.

Filed: IR-2 Country: Mexico
Timeline
Posted

Can you guys elaborate on what drug they used? I had my interview and denied too. I said I used marijuana and talk to a psychiatrist and asked me a whole bunch of questions he then said he will drug test me to prove I'm clean. I last used marijuana in 2010. At my interview the immigration officer found me inadmissible for unlawful presence only.

  • 3 months later...
Filed: Other Country: Mexico
Timeline
Posted

Hi... Chuch1212 my lawyer told us that we have to resubmit the I601. Our I601A was voided.. I do hope tho that we don't have to resubmit it. My husbands one year ban is almost up. April 2017. I hope we don't have to resend. I am so scared now with all this that is happening with Trump being president 

Filed: K-1 Visa Country: Mexico
Timeline
Posted

I'm really worried to tell you the truth my ban is up on July ,3 months after you husband pretty close , I even called the embassy and they told me I didn't need to reapply for it my lawyer told me the same  most of the people that I have talked /read said it's necessary to reapply for it 601 which it really sucks because the wait time for approval is 6 to 8 months to be approved  , so a year ban will = to almost two years . Hopefully Trump won't affect anything for us .

  • 2 months later...
Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

Maybe this will help. My husband was also approved for I601A waiver back in 2016 and also banned for a year for admitting to smoking marijuana years ago, so sad you get punished for telling the truth. The man has no criminal record! Anyways he took all his info and clean physical that we paid for the second time 3/3/2017. He was sworn in questioned and paid the fee to receive his visa on 3/4/2017. At the very end the guy  looks at him and says well all you need to do know is apply for the I601 waiver that takes about 3 to 5 months and come back, your passed you physical this time congratulations. Might I add this waiver cost 930.00 currently. So I book him flight back to his parents today 4/5/2017 and start researching on my own cause since this our lawyer has retired. So now I am stuck doing it my self or hiring a new lawyer, more $$$$$$$. All while I am single mom, working and so on. I also wanted to say I sent two email one in 8/2016 and 11/2016. Also I called almost every other in March 2016 to make sure all we needed to do was the physical and to keep applying for approval by consulate to update are status and website. Nothing hear it is a month later and days after his physical and still no update of information letter. So I have a feeling this waiver is gonna take a very long time to get approved. Once is it approved we don't know what to do next or where to go and if takes more than 6 months he will have to pay and redo the physical again for a third time. We are very sad as we thought we had reached our finish line only to have someone pick it up and move it again. Our daughter was 3 when he left and will soon be 5. She is showing signs of autism and is seeing a speech therapist. But currently I can only afford 2 days a week. I have to sale all our belongings except for what fits in a small room and move in with family. I am warning you do not get your hopes up, you will have to most likely do this second waiver and its gonna be a while.

Filed: K-1 Visa Country: Mexico
Timeline
Posted

To tell you the truth i was expecting it , im not getting my hopes up just been realistic so sad we get punished for telling the truth . My ban is up on july this year but IM not expecting to come back on that date untill 5 or 6 months later i have a family i left behind and is so hard to ser eachother due to money flights hotels and everyrhing is super expesive , what i dont get is we have to spend money to book flihht and hotel to juarez for second opportunity = money then for them to tell you have to apply for waiver again = money (i heard it was 580, didnt know it went up that bad)then go to juarez for 3th time to redo medical and spend more money on hotel and flight the US government is getting rich from us and we not even in the U.S yet .i do have a lawyer and he said he been working ovet 15 years and he has never heard of reapplying for waiver again he also been on tv for univision my boss hired him , jjust waiting for him to see ehat the embassy or uscis responded to him ! I have send emails as well and its been over 2 months and i havent hot a reply 

Filed: AOS (pnd) Country: Mexico
Timeline
Posted

Hi everyone, I'm sorry i haven't updated my situation for a while but tbh i have been busy with other things just waiting for this nightmare to be over.

well turns out i indeed had to re-apply for a second waiver (i-601) after 1 year had passed since my first interview at the us consulate. Which i went back after the year was up to do a second medical exam, once i had the results i took the to the window at the consulate and they refused to accept them or give me a second interview, i was instructed to wait for dhl courier email on my ais.usvisa account, waited for it , two weeks later aftrr i sent it my attorney gets a response stating to apply for a waiver again, i601 of course, i took my attorney, my self , wife and friends/ family two months to complete the package, so we submitted it late december 2016. Fingers crossed, i am half way there since currently i601 waivers are taking approx 7 months at the NSC, at this point i know i will have to do a 3rd medica exam since they expite in 6 months, i am not sure if i will have to go back for a second interview or if they are only going to ask for my passport via dhl, which i hope it is the case, thanks for all your help, anyone going through this , stay strong , stay on the right path ang great things will come your wait. Patience is the key to it all, stay busy, get a gym membership hang out with friends, conwrkers, just get out the house as much as possible, may god blesss us all. 

 

I will keep you updated as i get updated myself. 

 

 

 

 
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