Denial 1A4 & 9B2

[Demikara 0]

I am praying that someone can give me some type of advice or help with our situation. I have gotten mixed responses and there is really no one who has gone through similar circumstances.

My husband entered in the US illegally as a minor (13) and has remained in the US since, before going to his interview had an approved I601a waiver. He went to his interview May 6, 2016 and was denied for coming up positive for marijuana (please no judgement of bashing I've done enough of this already) they told him to sign up for rehab and take routine drug tests throughout the year and to return by may 2, 2017 to retake his medicals. The officer told him if he is clean "they can proceed forward"

My question is, if he has sufficient documentation and completion of rehab and negative test results, will he than proceed to his visa interview. Or will he be denied and than given the chance for a waiver? (601 regular) I consulted with Lizz Cannon who told me more than likely they just want to see that he is clean and he'll proceed for his visa. But that wouldn't address the 9b2 denial, doesn't that than need a waiver? Please I hope someone can help give some answers. He was not given the option for a waiver when he was denied. Thank you so much, have a blessed day ❤️

[Pinkrlion 2,724]

He was given a one year ban for positive drug use, there is no waiver for that. He will then start the interview process again with a new medical and proof of sobriety. The one year ban is a seperate issue than the 9b2. You are addressing several immigration problems compounded by a positive drug test. Resulting in you having to wait one year, and then address the other issues.

[Demikara 0]

I understand that there is the mandatory (unforgivable) 1 year ban. That's what I was thinking as well, two separate issues. In regards to the 1a4 and the 9b2. But he entered as a minor, which is stated on the embassy site, if being the case that is not held against the immigrant. I gather, after the 1 year ban is served and sobriety is proven hell than be denied but given chance for the 601 waiver to address the 9b2?

[Pinkrlion 2,724]

Yes

[Demikara 0]

Anyone that may have an idea about this? Please help

[auntbob 0]

My husband and I are currently dealing with the same issue. But his was just denied Feb. 3rd 2017. So our waiting time has just begun. We were told we could ask for a lesser time and ask that it be shortened from 1 year to 3 to 6 months. But there is no actual way of getting ahold of anyone at the consulate so I doubt it is possible. I've called literally ever number available. But anyhoo,  After he completes his drops and rehab all that's left to do is file a new I-601 and when that is approved it will cancel out the 9b2 10 year bar. Hell be able to make a new appointment at the medical place and the consulate. That's what I've been told. I do think the sooner you start the waiver the better. that way its taken care of when his year bar is up. hope this helps! and good luck. This whole situation is unfair. the ones who suffer most are the children. I know mine are having a really rough time with it all.

[LionessDeon 2,060]

On 7/19/2016 at 3:03 AM, Demikara said:

I understand that there is the mandatory (unforgivable) 1 year ban. That's what I was thinking as well, two separate issues. In regards to the 1a4 and the 9b2. But he entered as a minor, which is stated on the embassy site, if being the case that is not held against the immigrant. I gather, after the 1 year ban is served and sobriety is proven hell than be denied but given chance for the 601 waiver to address the 9b2?

Yes, as Pinkrlion stated.  

On 7/20/2016 at 11:16 AM, Demikara said:

Anyone that may have an idea about this? Please help

Pinkrlion asnwered you.  Wait out the year, stay clean, and go back to where you left off.

[Rockypaul 0]

On 7/19/2016 at 12:37 AM, Demikara said:

I am praying that someone can give me some type of advice or help with our situation. I have gotten mixed responses and there is really no one who has gone through similar circumstances.

My husband entered in the US illegally as a minor (13) and has remained in the US since, before going to his interview had an approved I601a waiver. He went to his interview May 6, 2016 and was denied for coming up positive for marijuana (please no judgement of bashing I've done enough of this already) they told him to sign up for rehab and take routine drug tests throughout the year and to return by may 2, 2017 to retake his medicals. The officer told him if he is clean "they can proceed forward"

My question is, if he has sufficient documentation and completion of rehab and negative test results, will he than proceed to his visa interview. Or will he be denied and than given the chance for a waiver? (601 regular) I consulted with Lizz Cannon who told me more than likely they just want to see that he is clean and he'll proceed for his visa. But that wouldn't address the 9b2 denial, doesn't that than need a waiver? Please I hope someone can help give some answers. He was not given the option for a waiver when he was denied. Thank you so much, have a blessed day ❤️

Im interested in knowing what happend with you case I'm in the same situation did he get approved?