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Eclipz19

Drug ban with 601a

By Eclipz19 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Eclipz19 Rookie

Eclipz19   16

Posted
Country: Mexico
 Timeline
Posted

My husband went for the interview in Ciudad Juarez and tested positive for marijuana. Stupid, I know. When he went to the interview, he got the blue paper with it checked off a 1 year ban for being an "addict" and a 10 year ban for illegal presence. Our lawyer reccommended he find a program, even though they didn't say he needed to take one, and that we could start the 601 during the 1 year drug ban. Has anyone had any experience with this? He will be living in Veracruz. Does the embassy only work with certain medical facilities? Did anyone else get reccommended a specific program? TIA!

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

The I-601A is now invalid as it only applies to the inadmissibility due to unlawful presence. Since he was found inadmissible for medical reasons as well, the I-601A no longer applies and an I-601 will be needed.

If he claimed to have not used drugs during the medical, DS-260, or in the interview, he may be hit with a misrepresentation ban as well. Also waivable via the I-601.

Yes, showing rehabilitation efforts is a positive.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

  • 1 month later...
Ardilla818 Rookie

Ardilla818   2

Posted
Timeline
Posted
On 9/13/2018 at 11:29 AM, Eclipz19 said:

My husband went for the interview in Ciudad Juarez and tested positive for marijuana. Stupid, I know. When he went to the interview, he got the blue paper with it checked off a 1 year ban for being an "addict" and a 10 year ban for illegal presence. Our lawyer reccommended he find a program, even though they didn't say he needed to take one, and that we could start the 601 during the 1 year drug ban. Has anyone had any experience with this? He will be living in Veracruz. Does the embassy only work with certain medical facilities? Did anyone else get reccommended a specific program? TIA!

Yes. He needs to do get rehab, interview again and make sure he is clean. Medical exam will be needed.   If that is the only reason for denial, immigration will offer s 601 after second interview a year after first interview.

 
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