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)