NO WAIVER AVAILABLE 212A6b

**Los G** · 07-06-2011, 01:24 AM

They SHOULD tell him at his first interview. It's interesting because on this forum, we actually don't see a lot of 6b cases out of CDJ. More out of Central and South America. So we don't hear very often how 6b gets treated at CDJ. Some consulates have a terrible time of missing it, accepting a waiver, and then it's DHS who uncovers the inadmissibility while adjudicating the waiver. I haven't seen anything to indicate that CDJ is one who misses 6b, but I haven't seen much to show that they get it either.

As far as the expenses when re-filing in 5 years, the fees would need to be re-paid. However, the I-130 technically wouldn't need to be filed again. The best thing would be to try and keep it active at CDJ so you don't have to spend any money or time getting it re-activated or refiled later if it gets archived. They can archive a case after 1 year of inactivity (although in my experience, I suspect it's closer to 2), so as long as you make some kind of inquiry or contact with CDJ on the case once a year, it will stay alive there and you will be able to just request a new visa interview when the time comes. You may want to talk to an attorney about the best way to keep the case alive so you don't have to re-file the petition when that day comes.

**cupcake** · 07-07-2011, 01:06 AM

The other moderators have given you good information. I am interested to hear what you decide to do and if you decide to pursue a non-immigrant waiver and visa while you wait to file because of the ban. I'm sorry this has happened, though. It is unfortunate and I imagine somewhat shocking.