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?