What’s going ?

[Alex890 0]

Hello ,

 I have a few questions if someone can be kind enough to help me out 🙏🏼🙏🏼
 

My husband fail his drug test on October 2019 and was required to stay in El Salvador for a year.  He pass the drug test with his doctor on November 16, 2020 so the embassy contacted him saying he would have a new interview on December 28, 2020. We were both so emotional that we would have our family back and he would meet our new baby girl after a year BUT when he goes to the interview they told him, he would have to renew form ( l-160 )!! On September 4, 2021 we got approved and his instructions were to sent his passport and police records to the embassy and to redo his doctor exams which he did on October 21, 2021 and he sent the police records on October 22, 2021 and we’ve been calling and emailing the embassy to ask them what’s our next step and they tell us to wait ? Will we need to do a interview or would he just need to wait for his passport and I will finally get to see my husband?

Also  it’s been 2 weeks and I still haven’t heard anything from them. 

[JeanneAdil 6,505]

it would be ds 260 for spouse visa so wrong form

[Alex890 0]

52 minutes ago, JeanneAdil said:

it would be ds 260 for spouse visa so wrong form

What do you mean? The paper they give him the instructions were to apply for 

l-160. 

[Timona 4,207]

4 minutes ago, Alex890 said:

What do you mean? The paper they give him the instructions were to apply for 

l-160. 

 

Post the paper here and we will help figure it out. Blurr important details. 

[Alex890 0]

27 minutes ago, Timona said:

 

Post the paper here and we will help figure it out. Blurr important details. 

[dwheels76 5,468]

1 hour ago, Alex890 said:

Well this is unfortunate. It doesn't say I-160. It says I-601 which is a waiver of inadmissibility. Was your husband in the country illegally and had to leave for interview? Or this might be because if the failed drug test which would be odd.

You need to get a lawyer is my advice so they can help you file. It takes about a year for Waivers to go through USCIS. So sorry.

@Crazy Cat what you think? You see this?

[arken 4,197]

1 hour ago, dwheels76 said:

You need to get a lawyer is my advice so they can help you file. It takes about a year for Waivers to go through USCIS.

It seems OP already got i601 approved from the uscis.

 

4 hours ago, Alex890 said:

On September 4, 2021 we got approved and his instructions were to sent his passport and police records to the embassy and to redo his doctor exams which he did on October 21, 2021 and he sent the police records on October 22, 2021 and we’ve been calling and emailing the embassy to ask them what’s our next step and they tell us to wait ?

Now, you just wait for the embassy's instructions. Nothing happens fast specially during this times. The embassy will tell you to either schedule an interview if they want it. If they want to approve you without an interview, they'll ask for your passport if not with them. You just need to wait.

[Timona 4,207]

3 hours ago, Alex890 said:

 

Unfortunately, I don't understand Spanish @ra0010 maybe can help respond to it 

[HRQX 4,145]

2 hours ago, dwheels76 said:

Was your husband in the country illegally and had to leave for interview?

Yes. The sentence that has handwritten part in green pen says "Your ineligibility ends on Sept. 2029." So when he left in Sept. 2019 it triggered the 10-year bar.

6 hours ago, Alex890 said:

BUT when he goes to the interview they told him, he would have to renew form ( l-160 )!!

So he had an approved I-601A provisional waiver? If so, then what they stated at the 2020 interview is odd: https://www.uscis.gov/sites/default/files/document/outreach-engagements/PED_QA_ProvisionalWaiverStakeholderEngagement09202016.pdf "An approved provisional waiver does not expire."

Edited November 14, 2021 by HRQX

[Redro 4,611]

46 minutes ago, HRQX said:

Yes. The sentence that has handwritten part in green pen says "Your ineligibility ends on Sept. 2029." So when he left in Sept. 2019 it triggered the 10-year bar.

So he had an approved I-601A provisional waiver? If so, then what they stated at the 2020 interview is odd: https://www.uscis.gov/sites/default/files/document/outreach-engagements/PED_QA_ProvisionalWaiverStakeholderEngagement09202016.pdf "An approved provisional waiver does not expire."

Perhaps they wanted an update on the family situation? 

They have a new baby so maybe they wanted them to include that information (the previous waiver might have been written about hardships during pregnancy).  

[jan22 3,056]

The I-601a provisional waiver works to waive the unlawful presence only if there are no other ineligibilities.  If, subsequent to the I-601 being approved (for example, during the visa interview), there are any other ineligibilities found, the waiver is no longer valid.  Unfortunately, when they found him ineligible for the visa under 212 (a)(1) for drug use, it meant he was once again ineligible under 212 (a)(B)(1) until an I-601 waiver is approved.

 

When you say you were approved on September 4, 2021, what was approved?   Was it just the clearance from the doctor for the 1A ineligibility?  If so, you need to file the I-601 waiver before a visa can be approved.

Edited November 14, 2021 by jan22

[Rocio0010 5,579]

19 hours ago, Timona said:

 

Unfortunately, I don't understand Spanish @ra0010 maybe can help respond to it 

Sorry, I just saw this! We got a puppy yesterday and been running around like crazy! 
Basically this letter says that he’s ineligible due to section 212 (a) that states that aliens who’ve been living in the US illegally for more than 1 year is ineligible to apply for status. His ineligibility expires on 2029. He can apply for a i601 waiver as per this paper.

Edited November 14, 2021 by ra0010

[AngelR11111 0]

On 11/13/2021 at 2:14 PM, Alex890 said:

Hello ,

 I have a few questions if someone can be kind enough to help me out 🙏🏼🙏🏼
 

My husband fail his drug test on October 2019 and was required to stay in El Salvador for a year.  He pass the drug test with his doctor on November 16, 2020 so the embassy contacted him saying he would have a new interview on December 28, 2020. We were both so emotional that we would have our family back and he would meet our new baby girl after a year BUT when he goes to the interview they told him, he would have to renew form ( l-160 )!! On September 4, 2021 we got approved and his instructions were to sent his passport and police records to the embassy and to redo his doctor exams which he did on October 21, 2021 and he sent the police records on October 22, 2021 and we’ve been calling and emailing the embassy to ask them what’s our next step and they tell us to wait ? Will we need to do a interview or would he just need to wait for his passport and I will finally get to see my husband?

Also  it’s been 2 weeks and I still haven’t heard anything from them. 

Hi I wanted to know if you got any update?