IR-1/CR-1 Visa / 1-60 wavier

[Adelina alfaro 0]

My husband attended his interview in El Salvador last year but later we got an email stating that his I-601A was canceled but it was approved while he was in the states prior to going to the interview. He had a very small weed charge over 10 years ago that was vacated and sealed, but he did stay over 300 days in the USA illegally. The email stated that those two were one of the reasons they canceled his wavier. We’ve now applied for I-601 wavier to see if they approve it. We have two kids together and my lawyer prepared the wavier for us. I showed all my hardship and how depressed I’ve been since he’s been gone. It’s been almost 7 months since I’ve sent the I-601 wavier out. Should I send additional information about how I’m suffering here alone? It’s been so hard without my husbands financial support now we have to support him. Has anyone came across a case similar to this? My husband did want me to mention that durning his physical they were so rough and mean to him that he told them the truth like he always does and maybe saying that he did try a certain drug along time ago when he was younger could’ve affected his case? 

[Rocio0010 5,579]

58 minutes ago, Adelina alfaro said:

those two were one of the reasons they canceled his wavier.

What were the other ones?

[Boiler 45,482]

I 601a does not waive drug issues.

 

Last I saw I 601's are taking about 2 years so you are just waiting.

 

Did the Lawyer help you with the I 601a?

[Adelina alfaro 0]

35 minutes ago, Rocio0010 said:

What were the other ones?

Having been found inadmissible under Section 2A2, the approved I-601A waiver is cancelled. You are not eligible to receive a visa under the following sections of the Immigration and Nationality Act: 2A2 (§212(a)(2)(A)(i)(II) Applicant violated a law or regulation related to controlled substances.

9B2 ($212(a)(9)(B)(II) Applicant was unlawfully present in the United States for more than 365 days. This inadmissibility will expire after July 4, 2031. For the above violation, the Immigration and Nationality Act (INA) may provide the following remedy: I-601 WAIVER Eligibility for a waiver is determined by the US Immigration and Naturalization Service. For more information, go to http://www.uscis.gov

[Adelina alfaro 0]

45 minutes ago, Boiler said:

I 601a does not waive drug issues.

 

Last I saw I 601's are taking about 2 years so you are just waiting.

 

Did the Lawyer help you with the I 601a?

Yes I get that. Hopefully not. Yes he did but I wish he would’ve applied for the  I-601 along with the 1-601a wavier 

[Boiler 45,482]

1 minute ago, Adelina alfaro said:

Yes I get that. Hopefully not. Yes he did but I wish he would’ve applied for the  I-601 along with the 1-601a wavier 

Did he know about the drugs conviction when the I 601a was filed?

I assume I 601 was filed after the interview as that was when it would come into consideration 

[Adelina alfaro 0]

2 minutes ago, Boiler said:

Did he know about the drugs conviction when the I 601a was filed?

I assume I 601 was filed after the interview as that was when it would come into consideration 

Yes my lawyer did know about my husbands drug  conviction but he had it vacated and dismissed.  Yes that’s when we filed for I-601 

[Boiler 45,482]

2 minutes ago, Adelina alfaro said:

Yes my lawyer did know about my husbands drug  conviction but he had it vacated and dismissed.  Yes that’s when we filed for I-601 

Too late now but did the Lawyer give you a heads up that an I 601 was likely, a bit of a Hail Mary thinking it would not.

[davidvs 337]

2 hours ago, Adelina alfaro said:

Yes I get that. Hopefully not. Yes he did but I wish he would’ve applied for the  I-601 along with the 1-601a wavier 

You cannot file a 601 until you have been found inadmissible at the interview. If the lawyer knew about the drug conviction he should never have let your husband leave the country, or at least should not have had you spend the money for the 601A. 

 

I always assume the worst about lawyers... if he knew about the drug conviction and allowed you to file a 601A, he was counting on getting fees for 2 waiver submissions from the get go.

[Family 3,988]

On 11/11/2022 at 1:09 PM, davidvs said:

always assume the worst about lawyers... if he knew about the drug conviction and allowed you to file a 601A, he was counting on getting fees for 2 waiver submissions from the get go

You are so right . This attorney does not inspire confidence at all..but the only choice for OP is to keep looking for a great attorney. ..

I  recommend a second opinion for another attorney to review how the conviction was “vacated”…for it to count for immigration purposes it would have to be vacated for “ procedural errors or constitutional infirmity “ and still need a few Hail Marys as @Boiler points out.

https://www.uscis.gov/sites/default/files/err/H2 - Waiver of Inadmissibility - Criminal - 212 (h)/Decisions_Issued_in_2022/MAY262022_01H2212.pdf

 

On 11/11/2022 at 9:49 AM, Boiler said:

I 601a does not waive drug issues.

Unless the conviction was for 30 grams or less of marijuana, neither does the I-601.