601A-Waiver Approved & 1-year ban

[Peach2022* 0]

My husband is the beneficiary and I’m the US citizen petitioner. We got approved for 601A-waiver which he needed to leave the US to do the visa Interview at the Embassy, This was March 2022. During the Interview the officer never asked or mentioned about the 601A-waiver. He still gave it to her but she gave it back to him, but I realized our lawyer did not or forgot to upload the waiver on the application. Now they refused him because of unlawfully presence in US for more than a year and a letter stating he failed the drug test and received a 1 -year ban with random drug testing but is eligible for visa after the 1 year ban.
 

It’s confusing because 1 letter says his eligible after the 1-year ban if he passes the random drug testing. And the other letter saying cause he was unlawfully presence in the US, which I thought that was what the 601a waiver was for?

My lawyer is not really helpful at all but she is telling us that we need to apply for another waiver but the 601 instead. And idk how my husband failed the test when he stopped smoking a while before unless it still showed up in his system but he’s about to start the random program. I’m upset and confused and seeking other advices from a different attorney.
Please Has anybody had a same or know of situation similar to ours? 

[Letspaintcookies 2,310]

Can't answer to everything but for the drug problem it's not unheard of that a 1 year ban is given just because of drug connections even if they're years ago. They want him to go and do the drug testing for a year to see that he's really not using anymore. So it doesn't have to mean that he failed this particular test. Marijuana is detectable for a period of about 15 days for a chronic user. He would have had to smoke recently if he would have really failed the test. 

[Boiler 45,427]

Does he have other inadmissibilities?

[jan22 3,048]

Your lawyer is correct -- while doing everthing within the year needed to overcome the 212(a)(1) medical ineligibility, you will also need to file (and get approved, of course) an I-601 waiver for the unlawful presence.  The I-601a waiver you had approved is a "provisional" waiver for unlawful presence  -- it is valid only if the applicant has no other ineligibility.   At the interview, the consular officer must find no other reason (i.e., ineligibility) exists for the visa to be denied.  Once there is a finding of another ineligibility, the provisional waiver (the I-601a) is revoked.

(See https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers).  

Edited August 27, 2022 by jan22

[Family 3,988]

Your lawyer did not mess up, your husband did. 

Consulate already had the I-601 A approval directly from USCIS .. and it’s usually cheaper to have the same attorney use the same hardship docs ( w a little update) to file I-601 . 

[Pinkrlion 2,715]

3 hours ago, Crystaljfp said:

My husband is the beneficiary and I’m the US citizen petitioner. We got approved for 601A-waiver which he needed to leave the US to do the visa Interview at the Embassy, This was March 2022. During the Interview the officer never asked or mentioned about the 601A-waiver. He still gave it to her but she gave it back to him, but I realized our lawyer did not or forgot to upload the waiver on the application. Now they refused him because of unlawfully presence in US for more than a year and a letter stating he failed the drug test and received a 1 -year ban with random drug testing but is eligible for visa after the 1 year ban.
 

It’s confusing because 1 letter says his eligible after the 1-year ban if he passes the random drug testing. And the other letter saying cause he was unlawfully presence in the US, which I thought that was what the 601a waiver was for?

My lawyer is not really helpful at all but she is telling us that we need to apply for another waiver but the 601 instead. And idk how my husband failed the test when he stopped smoking a while before unless it still showed up in his system but he’s about to start the random program. I’m upset and confused and seeking other advices from a different attorney.
Please Has anybody had a same or know of situation similar to ours? 

The waiver being approved is correct.  Drug Ban is something different.  

 

JA gives everyone a one year ban who recently stopped using marijuana.  He will have to remain in JA, and test self every 3 months until the year is up to prove he is drug free.  He will need to contact Andrews Hospital to start the testing process.  

 

 

 

[Peach2022* 0]

This is such a disgrace, extremely disappointing but everything happened for a reason. When can we start the 601-waiver process?

[Peach2022* 0]

1 hour ago, Family said:

Your lawyer did not mess up, your husband did. 

Consulate already had the I-601 A approval directly from USCIS .. and it’s usually cheaper to have the same attorney use the same hardship docs ( w a little update) to file I-601 . 

 

This is such a disgrace, extremely disappointing but everything happened for a reason. Do you know when can we start the 601-waiver process?

 

[Family 3,988]

12 minutes ago, Crystaljfp said:

This is such a disgrace, extremely disappointing but everything happened for a reason. When can we start the 601-waiver process?

As soon as you have the Visa Refusal Letter in hand, updated hardship evidence..cause some serious time passed since it was put together, you can file I-601.

 

But didn’t your attorney prepare you for final interview questions ( especially for the medical exam of your husband)…everyone who handles Jamaica knows the issue. No criticism intended for you or husband, just checking on how/what your attorney advised…. 

[Peach2022* 0]

1 minute ago, Family said:

As soon as you have the Visa Refusal Letter in hand, updated hardship evidence..cause some serious time passed since it was put together, you can file I-601.

 

But didn’t your attorney prepare you for final interview questions ( especially for the medical exam of your husband)…everyone who handles Jamaica knows the issue. No criticism intended for you or husband, just checking on how/what your attorney advised…. 

My lawyer didn’t really tell us anything plus our case was her 1st time she even helped assisted in filing for 601a-Waiver, inexperience I should say I guess. But he did stop like a month before the test.. but I read somewhere that it can still be in your system up to 60 days if everyday user.

[Boiler 45,427]

She said it was ok to do drugs?

[Family 3,988]

57 minutes ago, Crystaljfp said:

My lawyer didn’t really tell us anything plus our case was her 1st time she even helped assisted in filing for 601a-Waiver, inexperience I should say I guess. But he did stop like a month before the test.. but I read somewhere that it can still be in your system up to 60 days if everyday user.

Brrr… for marijuana Everyone Pleads the Clinton ! 
( 25 years ago and never inhaled)

Ask attorney to do I-601 at low bono or no charge …since she just learned her first hands on real world consequence of poor prep for final interview 

[retheem 564]

Sorry this may sound like a dumb question, but why do people put so much faith in lawyers when most of these stuff a decently smart person can read and understand what is needed before one can apply for some of these waivers?

[Letspaintcookies 2,310]

1 hour ago, Crystaljfp said:

My lawyer didn’t really tell us anything plus our case was her 1st time she even helped assisted in filing for 601a-Waiver, inexperience I should say I guess. But he did stop like a month before the test.. but I read somewhere that it can still be in your system up to 60 days if everyday user.

He only stopped a month ago? Yea he better gets it together now. No waiver will help you if he fails another test. 

[Letspaintcookies 2,310]

10 minutes ago, Family said:

Brrr… for marijuana Everyone Pleads the Clinton ! 
( 25 years ago and never inhaled)

Ask attorney to do I-601 at low bono or no charge …since she just learned her first hands on real world consequence of poor prep for final interview 

We don't know if the drug use was communicated to the lawyer. If not and she thought she's only dealing with the overstay it's not the lawyers fault.