i-601 denied in vienna

[olie2oo6]

quick question- we've been denied our 601
has anyone reapplied and got approved?

[mosaic]

oh olie I am so sorry to hear you were denied... Did they give you a reason why it was denied?

[SES]

Yes, sylvia was denied in Vienna. I am not sure but maybe she was denied two times and the third time she was approved. It was just one year ago. Just don't loose hope and don't ever give up. It is not easy to fight with an immigration but the the end is wonderful.

[Laura]

Sorry for your denial! Did you use an attorney?

[magicfly99]

Ollie...sorry about your dennial. Could you post your HSL? What hardships were you using? any medicals?

I used medical, carreers and family ties as my hardships....not sure if those are strong enough case. I just want to comare....it would be greatly appreciated if you could post your HSL..Thanks

[adeildo]

quick question- we've been denied our 601
has anone reapplied and got approved?

how long did you epplied for the waver?

[gaby]

I am sorry, my waiver was denial in Ciudad Juarez Mexico too, I ask for a second interview, but I do not know the policies in your consulate.
Good luck

[adeildo]

quick question- we've been denied our 601
has anyone reapplied and got approved?

thay denied after 6 months?

[TorresSanchezKing]

I'm so sorry to hear about the denial but don't give up hope!

[adeildo]

I am sorry, my waiver was denial in Ciudad Juarez Mexico too, I ask for a second interview, but I do not know the policies in your consulate.
Good luck

they took 17 months to denied

[olie2oo6]

thank u all. i applied at vienna six months ago for i601.... in my hardship i included doctors notes but they didnt like them coz thy were written on prescription note book(they wanted letterhead) i also included te fact that i have a positive ANA which can lead to lupus or other illnesses they said that wasnt strong enough bc i dont have those illnesses even though stress is a nuber one factor of activating that, its not good enough ... i also have to do yearly blood tests which cost a lot(i included copy of blood results)main reson y it was denied is bc my hubby came here with some one elses passport. :(
its almost 2 years that he has been away. lawyer told me that they gave us a taugh answer. ohh i didnt do 601 by my self the attorney did it. we are not going to appeal but re apply since he said its better. im really upset i was crying all day and my eyes r burning now:cry:
i try to be strong but its hard

[Pinkpig]

I am so sorry to hear about your denial. Yes, Your attorney is correct to have you re-apply. It may take a while but should be your quickest avenue. Hopefully you will get good news next time.

[adeildo]

thank u all. i applied at vienna six months ago for i601.... in my hardship i included doctors notes but they didnt like them coz thy were written on prescription note book(they wanted letterhead) i also included te fact that i have a positive ANA which can lead to lupus or other illnesses they said that wasnt strong enough bc i dont have those illnesses even though stress is a nuber one factor of activating that, its not good enough ... i also have to do yearly blood tests which cost a lot(i included copy of blood results)main reson y it was denied is bc my hubby came here with some one elses passport. :(
its almost 2 years that he has been away. lawyer told me that they gave us a taugh answer. ohh i didnt do 601 by my self the attorney did it. we are not going to appeal but re apply since he said its better. im really upset i was crying all day and my eyes r burning now:cry:
i try to be strong but its hard

be strong, we all are on the same spot

[olie2oo6]

thank you all your support means so much to me

[samantha]

Oh Olie I'm so sorry, be strong!!!

[YRuth]

Be strong, have faith and don't give up.

[olie2oo6]

Be strong, have faith and don't give up.

tank u all 4 ur support

[Cynthia]

olie, sorry to hear about your denial..~hugs~.. Be strong, chin up as we're here for ya...

[klaudialaw]

Olie, did they actually state in your denial letter that the main reason(or one of the reasons) they denied him was because he used someone elses passport? I am just curious what comment did they do on that fact.

[olie2oo6]

Sure This is part of what I got

Though there has been no finding of extreme hardship, if extreme hardship had been found, the second considerations whether, a s a matter of discretion, the application should be approved or denied he applicant must establish that the favorable factors outweigh the unfavorable ones. Matter of Cervantes-Gonzalez2,2 I&N Interim Decision 3380( BIA 1999).The applicant has shown flagrant disregard for U.S immigration law by using a fraudulent passport to enter the U.S. Available records clearly show that the
applicant willfully pursued his attempt to enter the U.S. illegally by using an Albanian passport and a different identity. The illegal purchase of a document in order to defraud immigration law shows a blatant disregard of existing laws, rules and regulations. Such behavior does not merit the favorable discretion of the Secretary of the U.S. Department of Homeland
Security.

U.S. court decisions have repeatedly held that the common results of deportation orExclusion are insufficient to prove extreme hardship. See Hassan v . INS,927 F.2d 465,468 (9s Cir. l99l). For example Matter of Pilch,2 l I&N Dec.6 27 (BlA 1996),held that emotional hardship caused by severing family and community ties is a common result of deportation and does not constitute extreme hardship. In addition, Perez v. INS, 96 F.3d
39b (9th Cir. 1996), held that the common results of deportation are insufficient to prove extreme hardship and defined extreme hardship as hardship that was unusual or beyond that which would normally be expected from depuration. Hassan v. INS. supl4, held further that the uprooting of family and separation from friends does not necessarily
amount to extreme hardship but rather represents the type of inconvenience and hardship experienced by the families of most aliens being deported. Moreover the U.S. Supreme Court held in INS v. Jons Ha Wang, 450 U.S. 139 (1981), that the mere showing of economic detriment to qualifying family members is insufficient to warrant a finding of extreme hardship.

[China]

So sorry to read the bad news about your denial dont loose hope and keep going. Dont let immigration seperate you'll

[olie2oo6]

So sorry to read the bad news about your denial dont loose hope and keep going. Dont let immigration seperate you'll

ohh no one will seperate us!!! I dont give up hope.... I will do my best to have everything perfect.

[klaudialaw]

Olie, thanks for sharing your denial with us. Just by looking at the points on your denial you can work around it and make it stronger. Look at Cindy's approved HSL to see what they are looking for. Dont give up hope. God will help you since all you are looking for is to keep your family together. While I am awaiting an in-country approval, I am in the same boat as you guys(almost identical situation).

[Marina]

we are going to appeal. I will keep u posted. Hope for the best!

[SES]

olie,
I saw your post right away but I knew how much pain you have in the first days.
I am glad you have a positive attitude and you will fight for your happiness.
Vienna is not the worst consulate. Manila is much worst. This will take longer for you to bring your husband home but it is still possible. The denial is terrible but at least your husband doesn't have life time ban like some people have.
Be strong and don't ever loose hope. I am writing "don't loose hope" because I was the person who was loosing hope when my waiver was in Frankfurt and everything turn great at the end.

I am VERY SORRY and I wish you the best!!!.

[olie2oo6]

olie,
I saw your post right away but I knew how much pain you have in the first days.
I am glad you have a positive attitude and you will fight for your happiness.
Vienna is not the worst consulate. Manila is much worst. This will take longer for you to bring your husband home but it is still possible. The denial is terrible but at least your husband doesn't have life time ban like some people have.
Be strong and don't ever loose hope. I am writing "don't loose hope" because I was the person who was loosing hope when my waiver was in Frankfurt and everything turn great at the end.

I am VERY SORRY and I wish you the best!!!.

Ses thank you so much for your kind words.... I wish things were easier for us.... I hope we get approved and I hope everybody does.... I pray every night... I miss my hubby I am going to see him next month so i am very happy about it :)

[olie2oo6]

Hi everyone, I have a question I know some people in here filed their I 601 and then send their hardship. I am re applying to Vienna through Albania and my paralegal says that we have to file both together does anyone know if there is a difference?

[cindy101]

Hi Olie, seems to be at the embassy discretion. My husband was asked to submit both in Albania at the same time... However, as I kept digging and adding, I kept adding to my hardship via email direct to Vienna.

Might be better to wait and have the best re-file you can possibly muster, but if you're just waiting for a few documents, go ahead and file and send the additional info. direct into Vienna.

There is a LOT of information on why Albania is not a suitable place for ANYONE to live if they have medical conditions. I pulled a lot of reports and data from the World Health Organization WHO, National Institute of Health NIH and the United Nations... They really can't politically disprespect data from government funded agencies, and those agencies have said some very BAD things about the medical care, and pharmaceutical integridy, etc. in reports.

God bless and praying for you to get approved the second time around...

[olie2oo6]

Hi Olie, seems to be at the embassy discretion. My husband was asked to submit both in Albania at the same time... However, as I kept digging and adding, I kept adding to my hardship via email direct to Vienna.

Might be better to wait and have the best re-file you can possibly muster, but if you're just waiting for a few documents, go ahead and file and send the additional info. direct into Vienna.

There is a LOT of information on why Albania is not a suitable place for ANYONE to live if they have medical conditions. I pulled a lot of reports and data from the World Health Organization WHO, National Institute of Health NIH and the United Nations... They really can't politically disprespect data from government funded agencies, and those agencies have said some very BAD things about the medical care, and pharmaceutical integridy, etc. in reports.

God bless and praying for you to get approved the second time around...

Oh Cindy Thank you so much for your information.... I know those sites will really help me.... I have an attorney but i feel like the paralegal is not doing any research into it. I read your hsl and i thought it was great and then I read the one my paralegal wrote (one that did not get approved) and wasnt that good all because she didnt do a good research....
I am so scared

[cindy101]

Don't be scared...

Vienna is just very data driven. There is plenty of data to be found on why that place is such a bad place to live. I had to muscle my own research... the law firm just told me what areas I had deficits, and edited... so I made sure to beef them up.

[aprilstorm]

I'm sorry. Reapply and be strong.

[sandra191406]

Don't give up!

[Dana]

Olie, I will pray for you, I know that will be fine. God bless you!

[olie2oo6]

thank you all. we are reapplying in april. i also am going to stay with my hubby until we get our answer... im leaving april 13th
happy to see my hubby :)

[Ginger]

I am sorry that your waiver was denied.

This is what I would suggest:
- one of the reasons why you were denied – is because letter of your doctor was not on the letterhead. So, give them a letter from your doctor printed on the letterhead. Go to your doc and ask to write a letter and put in the letter: how long he/she have been practicing, how many years you are her/his patient, your diseases, their consequences ( worst case in area) and that it would be progressing if you are not reunited with your spouse. Also ask your doc to attach to his/hers letter copies of your medical results.
- You mentioned of medical tests that are very expensive. OK, so attach a printout from the laboratory ( ask them for one) where it would state how much each test costs. If you are employed and have an insurance throw your job, state that if you loose it you will have to pay $X out of pocket.
- Go to the psychiatrist and have an evaluation done ( I am sure that you lawyer can recommend you a doctor). Yes it would be a cost involved, however, it would be a letter from the second doctor stating that you are depressed and that it is not good for you…….
- If you had psychiatrist’s evaluation done before- do another one. This time ask doctor to compare between previous and current with the emphasis that you mental condition got worse due to the dealing with the separation stress.
- If you are working – ask your HR to write a letter stating that you performance have decreased, that you have been seen crying at work, unable to concentrate,…..

Remember, as many papers you would have- as stronger your case will be.

Good luck.

[olie2oo6]

I am sorry that your waiver was denied.

This is what I would suggest:
- one of the reasons why you were denied – is because letter of your doctor was not on the letterhead. So, give them a letter from your doctor printed on the letterhead. Go to your doc and ask to write a letter and put in the letter: how long he/she have been practicing, how many years you are her/his patient, your diseases, their consequences ( worst case in area) and that it would be progressing if you are not reunited with your spouse. Also ask your doc to attach to his/hers letter copies of your medical results.
- You mentioned of medical tests that are very expensive. OK, so attach a printout from the laboratory ( ask them for one) where it would state how much each test costs. If you are employed and have an insurance throw your job, state that if you loose it you will have to pay $X out of pocket.
- Go to the psychiatrist and have an evaluation done ( I am sure that you lawyer can recommend you a doctor). Yes it would be a cost involved, however, it would be a letter from the second doctor stating that you are depressed and that it is not good for you…….
- If you had psychiatrist’s evaluation done before- do another one. This time ask doctor to compare between previous and current with the emphasis that you mental condition got worse due to the dealing with the separation stress.
- If you are working – ask your HR to write a letter stating that you performance have decreased, that you have been seen crying at work, unable to concentrate,…..

Remember, as many papers you would have- as stronger your case will be.

Good luck.


thank you so much for the info...I am trying to do everything better this time.
I feel like I am week and time pressured.
I never thought it would be so hard. :(

[Ginger]

I know that it is difficult and it is an emotional time for you right now. This is what one of attorneys told to us: they (immigration) want to see you give up. They can deny you once – you would re-apply, They can deny your twice – you would not give up and re-apply. They would not deny you forever. Somewhere among that line they would see that you are a determent to be with your spouse and would grant a wavier.

It might be not too encouraging, but for us it was a sign that eventually it will be a light at the end of the tunnel.
All you have to do – is keep hoping and keep trying.

Good luck.