Non-DOT Testing A-601 Waiver of Inadmissibility for Earl(ier) Arrival in US

[northusa44 4]

This is in regards to the family acquaintance I wrote about last time. To provide a bit more background, both he and his wife were supposed to come to the US on green cards (sponsored by a family member). Beginning with the pre-interview medical exam in China, he was eventually found to have active TB (after the initial tests, he had to wait two months for the sputum results, which showed active TB). His wife was negative for TB and was able to come and is now here, living with other family (she followed up with a doctor here regarding TB, just in case).

 

He is now a couple months in to a 6 month TB treatment course, under supervision by an embassy-approved doctor. Since he is not in the same city as that doctor, he cannot do DOT (daily observed treatment), and thus needs to wait one year after completion of the six months treatment for the interview to be rescheduled. 

 

They are planning to file a I-601 waiver of inadmissibility application, with the argument being that the separation of spouses makes this an extraordinary circumstance that is resulting in undue psychological and financial stress for each due to both the separation and the fact that neither can plan for the future. Before they file, I just want to confirm that the only possible downside to a denial of the waiver is that they have to wait the full year? In other words, and so long as they are honest in the waiver application (which they will be), USCIS/the embassy would not cancel the whole green card application due to denial of the waiver, correct? They realize the waiver is a very uncertain thing, but it is still worth it for them to try so long as the worst-case scenario is just doing the wait that they would have to do anyways. The separation and uncertainty really is very difficult for all involved; we have also contacted the local public health department, and they have expressed that they would be fine with him coming, especially once his treatment is complete and he has negative test results to show it (and his test results are already negative).

 

Thank you!

 

(also, if anyone knows timing for responses to the waivers, that would be great--if these waivers have a three-year wait to be reviewed, it obviously would not make sense to apply)

[Crazy Cat 41,439]

Most I-601s I recall took 1 to 2 years to process.  No other downside for filing.  I don't see that it would speed up his immigration progress much, if any.

Edited June 27 by Crazy Cat

[appleblossom 2,204]

10 minutes ago, northusa44 said:

(also, if anyone knows timing for responses to the waivers, that would be great--if these waivers have a three-year wait to be reviewed, it obviously would not make sense to apply)

 

As @Crazy Cat said, they're not quick. Official processing time is currently showing as 27 months. https://egov.uscis.gov/processing-times/

[SalishSea 17,639]

They are seeking a waiver of the inadmissibility caused by an active TB infection?   Will not happen, sorry.

 

The spouse can file an I-131 and return to China if they do not wish to be separated. 

[SalishSea 17,639]

Also-  whatever a local health dept says is not relevant to US immigration.   That is strictly the jurisdiction of the Department of State/CDC.

[Lemonslice 4,764]

4 hours ago, SalishSea said:

They are seeking a waiver of the inadmissibility caused by an active TB infection?   Will not happen, sorry.

 

The spouse can file an I-131 and return to China if they do not wish to be separated. 

This might be the fastest/most practical solution. 

[Family 3,904]

There is also the option to seek temporary lodging accommodations in China to the city where DOT /daily testing can be done. 
 

[Boiler 45,125]

I have yet to come across a successful waiver for TB. Who would file and the hardships would be very challenging. I speak as someone whose family have a history of TB.

 

As mentioned it would not make much sense as the treatment is quicker than the the time taken to process a waiver.

 

[SalishSea 17,639]

13 hours ago, Boiler said:

I have yet to come across a successful waiver for TB. Who would file and the hardships would be very challenging. I speak as someone whose family have a history of TB.

 

As mentioned it would not make much sense as the treatment is quicker than the the time taken to process a waiver.

 

Not only that, but the risk to the American public far outweighs the inconvenience of temporary separation to a green card holder and green card applicant spouse.

[northusa44 4]

On 6/28/2024 at 6:05 PM, SalishSea said:

Not only that, but the risk to the American public far outweighs the inconvenience of temporary separation to a green card holder and green card applicant spouse.

Most reasonable observers would conclude that there is little risk to the US public from someone who has finished the six-month course of TB treatment and has the negative tests (and multiple trips to the US panel physician) to show it. This is why they want to wait until after the six months treatment is finished to try the waiver. I continue to think that such a waiver would have a chance of approval, as separation from a spouse (plus all of the financial loss they are dealing with due to uncertainty) certainly is an unusual and trying circumstance (I would push back on calling this separation an 'inconvenience'). But it looks like the timing may not work out given how long the waiver process is.

 

In any event, I greatly appreciate the time that you and others have taken to respond to this thread. The info on timing is especially useful and appreciated. If they do file the waiver, I will try to provide an update about how it turned out. But they may not given the timing.

 

 

Edited June 30 by northusa44

[Boiler 45,125]

Filing a waiver that takes 2 years seems odd.

[Lemonslice 4,764]

6 hours ago, northusa44 said:

Most reasonable observers would conclude that there is little risk to the US public from someone who has finished the six-month course of TB treatment and has the negative tests (and multiple trips to the US panel physician) to show it. This is why they want to wait until after the six months treatment is finished to try the waiver. I continue to think that such a waiver would have a chance of approval, as separation from a spouse (plus all of the financial loss they are dealing with due to uncertainty) certainly is an unusual and trying circumstance (I would push back on calling this separation an 'inconvenience'). But it looks like the timing may not work out given how long the waiver process is.

 

In any event, I greatly appreciate the time that you and others have taken to respond to this thread. The info on timing is especially useful and appreciated. If they do file the waiver, I will try to provide an update about how it turned out. But they may not given the timing.

 

 

Please keep us updated.  Would be very unusual for the waiver to be approved, and even more so before the year is completed, but sometimes weird things happen.