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latacunga
06-26-2008, 02:44 AM
This is my first attempt to post. I replied to a waiver approval but someone recommended I make this a new thread. Okay, here goes...

We married in 2005, our son was born same year, we were all in the US. Our I-130 was approved and we scheduled my husband's appt in Ecuador. My husband had an overstay of more than one year following a fiance visa to marry the mother of his first son. He has a strong relationship with that son and shares legal custody. We knew he would be denied at the interview and presented our I-601 in Ecuador in June 2007. I received a denial in February 2008. I don't have any level 1 or 2 arguments, only level 3 and 4. What can you tell me about the Panama office and whether they have given approval on level 3 and 4 evidence? I filed an appeal but I am heartsick at this point because the AAO just told my Senator that the process will take 2 more years! What did we do wrong? Anyone have experience with AAO?

adeildo
06-26-2008, 02:49 AM
I'm sorry!!! everything will be ok.

imisshimmuch
06-26-2008, 02:52 AM
have you asked if you can refile the waiver ? Some consulates have that option, and it should take less time then the appeal.

latacunga
06-26-2008, 03:06 AM
No, I worked with a lawyer and this was her recommendation. What does refiling mean?

gatita
06-26-2008, 03:32 AM
No, I worked with a lawyer and this was her recommendation. What does refiling mean?

It literally means doing a stronger waiver/hsl with stronger evidence, and trying it again. You would not need to re-do the I-130.

I thought that appeals were usually to point out an error that the consulate made in interpreting your case.

Maybe some more Panama people will jump in, but if not you should see if re-filing is a quicker, more efficient option for your consulate. People on this site re-file in Mexico sometimes, and almost every re-filer has done a better packet the second time around and got approved. Contact the Panama consulate and see what they say.

Good luck! I'm in MN too. :)

Another thought...did he even have to leave the country to adjust status? I thought that if someone came on a valid visa, even if the overstayed, they could adjust status here in the U.S., and no waiver would be needed??? Or, did he overstay, go home, get the fiance visa approved with a waiver, and then come to the U.S.?

MMGCA
06-26-2008, 03:33 AM
im sorry about this!....hope everything turns out ok!

latinlaw0315
06-26-2008, 04:27 AM
I am so sorry about this! But, keep your chin up! I will be praying for you and your family to be reunited. I think I read somewhere about someone else who was denied and did an appeal and it was granted. You may ask pinkpig I think she keeps a log of everyone who is granted and/or denied. I think a refile would be better. But if you have an attorney already then I guess you should follow their advice. Good luck and keep us posted.

latacunga
06-26-2008, 05:49 AM
Oh, I see what refile would mean. My lawyer appealed because she felt the cases they cited in the denial were wrong, they cited cases of criminal and felony level examples, and she also said these cases were old and in the her original brief she gave a case that was only 3 months old when we filed the I-601 in June 2008. I will investigate if refiling was a possibility for Panama.

Thanks for the other question about changing status in US. I believe our lawyer said because he did not marry the person intended in the fiance visa we could not adjust status through the US. We applied for and got the I-130 approved while he was here but he had to go back for the interview.

Pinkpig
06-27-2008, 01:45 AM
Latacunga,

I moved your post to a new thread. Hopefully you will get some help here.

Usually it is quicker to file for a new appointment and file a new stronger waiver at the consulate, than to file an appeal.

You can post your waiver letter on here and members will help you make it stronger. You also have your official denial letter so you can tell what they need to approve you.

Panama filers should be chiming in soon. Good luck to you and welcome to the forum.

latacunga
06-27-2008, 02:22 PM
My waiver letter is open to your comment. Pinkpig made the recommendation. Thank you. I will also post the denial letter. Accompanying this letter were letters from friends and family, my official job description from my employer showing travel, copy of husbands family court decision showing shared legal custody and schedule along with suspension of child support until the immigration issue is resolved, except husbands pays health insurance. Additional documents also supplied. Comments will be helpful if we decide to re-file.

May 3, 2007

Dear Consular Officer;

My name is_________. I’m writing to support the waiver application of my husband, ________. We have known each other since 2001 and have been married since August 2005. We have one son, __ and live in _ Minnesota.

A little background on myself: I was born and raised in Minnesota. I received my undergraduate degree in International Studies and French Area Studies from The American University in Washington, DC. I was a Peace Corps volunteer in Africa, worked for a Washington, DC consulting firm that managed USAID and World Bank development assistance projects. I earned my M.S. degree in Applied Economics at the University of Minnesota in 1992. After graduation, I moved to ____ and found a data analyst position in medical research for a small biotech company. Fifteen years later, I am still working in clinical research, currently for a medical device manufacturer in Minnesota. I manage projects that test implantable medical devices (neurostimulators and drug infusion systems) in humans. I work with doctors and hospitals across the US, Canada, or Europe to run research studies that support my company’s applications to the US Food and Drug Administration for approval to market our products. I travel to each location to meet the doctors and evaluate their ability to carry out the research. I return later to train them and their staff on specifics of how to conduct my company’s research, and I return at intervals to evaluate research progress, troubleshoot problems, or closeout the center after research is complete. I have worked for 4 different companies in this professional area. My current employer is _. I earn a salary of _.

My personal history: My father died of colon cancer in 1973, when I was 10. My mother died of gallbladder cancer in 1997. My deepest sorrow is that my mother did not get to meet my son or _. My mother was amazing. When my father died, she raised her three daughters by herself. I thought her experience was tremendously difficult, and I promised myself that I would never be a single parent. I believe there is no undertaking more difficult than single parenthood. I have two older sisters_ . _ is married with two children, _. _ is divorced without children. _ struggles with chronic pain – fibromyalgia, and severe depression. __ also battles depression.

I met __ through my favorite pastime – salsa dancing - in 2001. It was just before my first trip to South America. I was planning to visit Machu Pichu in Peru with a college girlfriend. When I learned _ was from neighboring Ecuador, we immediately had a million things to discuss beyond our mutual interest in dance. His quick smile covered a difficult struggle with his ex-fiancée, ___ – a US citizen. They met and had a son in Ecuador in 1999. Mom, dad, and baby moved together to the US in 2000 when their son was one year old. Their relationship ended after moving to the US. ____ maintained an tight relationship with his son and they shared daily childcare duties. When I met ___, he was renting a room in a house. He quickly introduced me to __ and little ____. I got to know them very well, as they were trying to establish a “friendly” breakup. Two years later, in late 2004, ____suddenly cut him off from their son. He has gone to court and established joint legal custody, and most recently had parenting time every Thursday and every other Friday through Sunday.

In 2005, ___ and I married, started a family, and are now sorting out his immigration issues. We understand that his previous non-compliance to his fiancé visa leaves open the possibility that he might be refused re-entry to the US for 10 years. However, he overstayed his visa in order to stay with his son and I can’t believe that I, my son, and my stepson should be penalized for a father’s dedication to his son.

It would put tremendous hardship on me if ___ is denied re-entry and I would like to ask that he be allowed to re-enter the US. I can’t manage without him. He is my partner and shares the child rearing responsibilities. As I mentioned earlier, I travel for my job, usually 2 or 3 days at a time and he takes care of Luca while I’m away. In 2005, I was sent for a month to Europe. I don’t know what I will do if I must make a trip and have no one to care for my son. I could lose my job. When I am home, my work hours often extend beyond what a daycare provider covers, and my husband is there to take care of Luca. Raising a child is not a one-person job, I can’t do it alone.

The stress of handling a job and child are difficult enough, but overwhelming if you are by yourself. When I am under great stress, I have a tendency to get low back pain. I can go long periods without a problem, but when I least expect it overwork, stress at work, or just a strange little movement starts a period of muscle spasms. I’ve had this for years, my mother also had it, and it usually hit her near holidays. I’ve tried muscle relaxants, but nothing really affects it. I guess my back is my weak spot. When it starts, I can’t lift anything; I can barely walk. I just have to wait it out. It can take a few days, to a few weeks to get back to normal. Gentle exercise, swimming, walking, and stretching help me regain function. Thank goodness _____ is there to take over for me. It was bad when I had no children, all I had to do is take care of myself. Now that I have a little guy that always needs something, it is critical that someone be around to help. Imagine having a muscle cramp that won’t go away no matter what you do. During this last episode, ___ did all the lifting of Luca in and out of the crib, the dressing, the bathing, all the daily activities that I couldn’t do.

My husband’s bond with our son is amazing. I can’t remember such joy with my own father. ____ plays with ____, he knows how to care for him, feed him, how to get him rolling on the floor with laughter, how to get him to growl like a monster. He can tell when ____ is bored and needs a change of scenery, or that he is hungry and needs to eat. He puts ____ to sleep by tapping on his thigh and whispering things in Spanish to him. My son has a father who adores him.

Without him, I don’t know how I would make it financially. Our monthly expenses include a mortgage ____, a car payment ____, car insurance ____, condo association fee ____, phone ____, gas and electric utilities ____, daycare ____, food ____, clothing ____, health club membership ____, internet service ____. To say nothing of property taxes, clothes, and day to day expenses.

If ___ can’t return to the US with me, what are our options? I won’t be able to retain my job without someone to care for ____ when I travel. Could I sell everything I have and move to Ecuador? Everything I have is in Minnesota. My family, my job, my home, everything is here. My health and dental insurance are through my job, and I can’t imagine the cost of maintaining good medical insurance while out of the country. ___ is a baby; he needs regular, high quality medical care. There are so many things to think about when traveling with a child, I would hate to be away from health care that I am familiar with. At the core of my fear to relocate to Ecuador is that I don’t speak Spanish. What kind of job could I get without Spanish? It is a daunting and frightening prospect. My current job skills in clinical research will not be transferable. I think we would completely lose our standard of living forever. A denial of re-entry would devastate my family. Please don’t ask me to uproot my entire life.

Moving to Ecuador would mean my son would lose the bond he has made with little ___. Little _____ has taken to the role of big brother like a pro, they adore each other and need to be near each other. I want ___ to enjoy the relationship with his half-brother and to foster that relationship, we need to be in Minnesota. This is the only brother ____ will have, as I don’t plan on having more children.

I have close family ties in Minnesota that I don’t want to leave. The only immediate family I have, beside my son and husband, are my 2 sisters who live in Minneapolis. They have both helped me out with ___. ___ picked ___ up every day and brought him to my sister’s after I started back to work following maternity leave. She did that for 6 months so I could get used to going back to work and wouldn’t have to contend with commuting time during the winter. For the first year, ____ provided daytime daycare for ___ once I returned to work when ____ was 3 months old. ____ would pick up ____ at 3 and everyone would be home when I got home in the evening. Where else can you get help like that, but from family members? Now that ____ older and more active, he goes to a daycare facilty at my work. His father and I share the drop-offs and pick-ups. If we were to move to Ecuador, we would not live close to his family in Latacunga, more likely we would live in Quito. I would be isolated, without family.

A wonderful side benefit of _____ providing care for ____ has been that my niece and nephew, ____, have developed the most wonderful relationships with ____. I want ____ in Minnesota where he will continue to enjoy those relationships with his cousins.

I have seen what separation from his father can do to a child. Little ____ was separated from his father for an extended period due to his mother’s actions. During that time we ran into little ____ once, accidentally. Little ____ burst into tears at the site of his father. He grabbed his father so tightly I thought he would never let go and just sobbed. We just stood there, both father and son crying and hanging onto each other for dear life. It broke my heart, it brings tears to my eyes right now to think how I would feel if ____ were separated from his father. All I could say to little ____ was to remember that his father loves him very, very much. I can’t say that to my son. I want ___’s father to be there every day to tell him how much he loves him.

I have personal reasons for wanting to stay near my sisters. They both struggle with depression. I would never forgive myself if one of them needed my help and I was too far away to help. ____, the oldest, also has to deal with a chronic pain syndrome and migraines. She has a wonderful husband who steps in to cover all sorts of household issues or childcare emergencies, but I also help where I can.

____ would suffer by not growing up in the US. He would miss out on important educational opportunities, like bilingual education, if we moved to Ecuador. We have a Spanish immersion school available to us through the public school system and I’ve very excited for ____ to experience that. ____ couldn’t get the foundation in English that he needs if we were in Ecuador. While I respect and value Ecuadorian culture, there are parts of the culture I don’t appreciate and I’d rather my son’s primary cultural influence be US-based.

____ has family ties in the US. He has several relatives living in the US as permanent residents or US citizens. __________________________ His relatives have given me a warm welcome into their family. We are often invited to his uncle’s home for holidays and special events and we have traveled to visit relatives in ____ several times, and they have traveled here, most recently to visit us for ____’s baptism.

Other issues that weigh into my reluctance to go live in Ecuador include that I don’t think right now is a good time to live overseas. I lived in France and Africa in the 1980s and 1990s and had a wonderful time and generally think overseas experience is something everyone should experience. However, with the current political climate and current events in mind, I am apprehensive to live with my son overseas. I also suspect I wouldn’t fit into Ecuadorian society. I have lived outside the US and I know there are always ups and downs when it comes to fitting in. I’m not at a place in my life where that struggle seems exciting. I’m happy with life in Minnesota and would rather continue to live in Minnesota where the norms and values are familiar to me. I also worry that we would become a burden to ____’s family. They don't have extra resources to help us out, although I believe they would try. I have always been a very independent person and have always paid my own way. It would be tremendously stressful on me if were to try to relocate to Ecuador, or if ___ were to return to Ecuador for an extended period.

If we don’t move to Ecuador, the other option is to live separately. I can’t do that to my son. He adores his father, and I want my son to grow up with his father at his side. I didn’t have the opportunity to know my father beyond the age of ten and it has marked my life in very profound ways. I don’t even want ____ separated from his father while this decision about re-entry is made. It seems cruel to keep a child from his parent. Since I’m an adult, I understand that decisions take time to process and so I understand when my lawyer tells me that it can take up to a year or so to decide this case. However, my son isn’t going to understand the separation, and I feel terrible about that. Please make your decision as quickly as possible. Living separately would be extremely difficult for us financially. We don’t know how we would maintain a separate living situation for an extended period of time.

Terrible options if you ask me: pack up and go to Ecuador, or break up the family and live separately. Either way, my family loses out.

Please allow my family to stay together in Minnesota.


Sincerely,

perez782
06-27-2008, 02:37 PM
I'm so sorry!! Don't give up! We are here if you need moral support. Best of Luck!!

latacunga
06-27-2008, 02:53 PM
NOTICE OF DECISION
Upon consideration, it is ordered that your Application for Waiver of Ground of Excludability (Form 1-601) be denied for the following reasons:
SEE ATTACHED DECISION

If you desire to appeal this decision, you may do so. Your notice of appeal must be filed with 30 days from the date of this notice (33 days ifthis notice was received by mail). If no appeal is filed within the time allowed this decision is final. Appeal in this case may be made to:
[x] Administrative Appeals Unit (AAU) in Washington, DC on the enclosed Form 1-290B.

(A fee if$585.00 is required).

If an appeal is desired, the Notice of Appeal must be executed and filed with this office together with the required fee, to the address in the heading of this notice. A brief or other written statement in support of your appeal may be submitted with the Notice of Appeal. Any questions which you may have can be answered by the local USCIS office nearest your
residence, or at the address shown in the heading of this letter.
Sincerely,
Joanna Ruppel
Acting District Director

You are a native and citizen of Ecuador. On Jun 12,2007, you were found by a Consular Officer to be subject to the exclusion provisions of Sections 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA), as amended. On Jun 15,2007, you filed an Application for Waiver of Ground of Excludability (Form 1-601). Section 212(a)(9)(B)(i) of the Immigration and Naturalization Act (INA), as amended. Scction 2l2(a)(9)(B)(i) of the Act states that an alien who is present in the United States without admission or parole, or who remains in the United States beyond the period of stay authorized by the Attorney General, accrues unlawful presence towards the 3- and 10-year
bars under section 212(a)(9)(B)(i)(I) and (II) of the Act. Section 212(a)(9)(B)(iv) of the Act is a tolling provision that covers certain non-immigrants.
With regard to waiver of inadmissibility, Section 212(a)(9)(B)(v) provides for the granting of waiver of inadmissibility.
Section 212(a)(9)(B)(v)of the Immigration and Nationality Aet (INA), as amended readsin pertinent part:
(v) Waiver.-The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court
shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause. For your waiver to be approved, you must show that you have a qualifying relative; that is a
parent or spouse who is United States Citizen or a Lawful Permanent Resident of the United States. Next, you must show that your qualifying relative, your USC spouse would experience extreme hardship on account of your ineligibility to immigrate whether she remained in the United States or joined you in Ecuador until you become eligible to immigrate. If such hardship is established, you also need to show that your waiver should be
granted as a matter of discretion, with favorable factors outweighing the unfavorable factors in your case.
Service records reveal the folIowing-infQrmation:
You admitted during the immigrant visa interview that you were living illegally in the United States from 2000 to May 29, 2007. You were refused an immigrant visa in Jun 12,2007 under Section 212(A)(9)(B)(I)(II) because you entered the US on a KI visa in 2000 and you subsequently did not marry your fiancee, who had filed the KI petition for him.
Subsequently, you married Unites States Citizen NAME REMOVED on Aug 5, 2005. You remained in the US until you returned to Ecuador on May 29, 2007 on your own volition. Because you accrued over one year of unlawful presence in the US, you are ineligible under 9B2 until May 29, 2017.

In support of your Application for Waiver of Grounds of Excludability you presented a hardship letter in which you stated that your spouse suffers from lower back pain which seems to occur during times of overwork or stress. Furthermore you stated that during that time, she can barely walk and muscle relaxants do not help. Lastly you stated, that your
spouse's back pain will occur ifshe is placed in the stressful situation of uprooting her family, selling their possessions and beginning a new life in Ecuador. You have established that you have a spouse who is a United States Citizen. Therefore, you have established that you have a qualifying relative. However, you have failed to establish that your qualifying relative would suffer extreme hardship if the waiver is not granted.

Law regarding extreme hardship
Congress did not intend that a waiver be granted merely due to the existence of a qualifying relationship. The key term in the provision is "extreme hardship" and thus only in cases of great actual or prospective injury to the United States citizen or lawful permanent resident'
alien relative will the bar be removed. Common results of the bar such as separation, financial difficulties, etc., in themselves are insufficient to warrant approval of an application unless combined with much more extreme impacts. Matter of W--, 9 I&N Dec. I (BIA 1960), Matter of Shaughnessy, 12 I&N Dec. 810 (BIA) 1968); Matter of NGAI, ID No 2989
(Commissioner 1984).
In other cases of extreme hardship, it has been found that the mere loss of employment, the inability to maintain one's present standard ofliving or to pursue a chosen profession, or separation of a family member or cultural readjustment do not constitute extreme hardship
Matter of Pilch, (BIA Interim Decision #3298); Marquez-Medina v INS, 765 F.2d 673 (th
Cir. 1985); Bueno-Carillo v. Landon, 682 F2d 143 (7lh Cir. 1982); Chokloikaew v INS, 601
F.2d 216 (5 th Cir. 1979), Banks v INS, 594 F.2d 760 (9th Cir. 1979; Matter of Kojoory, 12
I&N Dec. 215 (BIA 1967).
The question of whether "extreme hardship" exists depends upon the facts and circumstances
particular to each case. The burden of proof lies with the applicant, and while an analysis of
a given application includes a review of all claims put forth in light of the facts and
circumstances of a case, such analysis does not extend to discovery of undisclosed negative
impacts. (Shaughnessy, Supra: Ngai, Supra). Therefore, you have both the burden of
production and burden of persuasion that your absence from the United States will cause the
qualifying relative extreme hardship. Accordingly, the issue of whether extreme hardship, as
contemplated by the statute, has been established must be decided on the basis of an analysis
of the facts put forth by you in support of the application.
With regard to your extreme hardship claim, you failed to submitted sufficient evidence in
support of the application and thus have not met the burden of establishing that your
qualifying relative will suffer extreme hardship. Your claim that qualifying relative would
suffer financial and emotional hardship does not rise to the level of extreme hardship as
contemplated Congress as delineate by the INA and existing case law. You provided no
supporting evidence substantiating any claim of financial hardship or emotional hardship
based on your extended absence from the United States. The evidence you presented is no
Page 4
more than one would expect from a prolonged absence ofa loved one due to inadmissibility
and thus does not rises to level of extreme hardship. Therefore you have not met the burden
of establishing that your qualifying relative spouse will suffer any hardship greater that any
other person who would have to endue an extended absence of a loved one due to the loved
ones inadmissibility or removal from the United States.
For these reasons, your Application for Waiver of Grounds of Excludability (Inadmissibility)
is denied.
ORDER: IT IS ORDERED that the Application for Waivers of Grounds of
Excludability filed under section 212(a)(9)(B)(v) of the Immigration
and Nationality Act, as amended, be denied

Pinkpig
06-27-2008, 05:39 PM
1) you failed to submitted sufficient evidence in support of the application


2) You provided no supporting evidence substantiating any claim of financial hardship or emotional hardship based on your extended absence from the United States.

3) The evidence you presented is no more than one would expect from a prolonged absence of a loved one due to inadmissibility and thus does not rises to level of extreme hardship.

OK, this says that you did not supply evidence to prove the hardships that you claimed and you did not have sufficient hardships.

If you had a lawyer work with you on this, the lawyer has no experience with waivers.

I have not read your letter closely, but from the denial letter I can tell what you need to do.

Am appeal will not do you any good. An appeal is if you think they have made a mistake in their adjudication, or a legal mistake, or if new hardships have come to fuition since you filed the waiver.

In your case all you need to do is get a new appt. and file a much stronger letter with tons of evidence.

I think you can do that. You just need to do a little research. I think you have the hardships there, you just did not present them in the strongest light or with the required evidence. The CO has given you a roadmap to what you need to do to get an approval.

IF I were you this is what I would do:

Please read the posted approved hardship letters in the stickies.

I believe you said you have back problems, did you submit your medical records/dr letters to document that.

I believe you said that you have children from a previous marriage. Will the child's father allow them to leave the country? Did you document that with a letter from the spouse or a court order requiring them to remain in the states?

You do not want to say that you do not deserve to be penalized. The gov't is giving you an opportunity to deal with your husband's breaking of the law. Blame misplaced upon the gov't is not acceptable if you want to get an approval.

You can add many hardships with documentation to your letter without too much difficulty.

Start reading on this site and good luck. Also, take out the emotional aspects of your letter. You just need to present the facts to the adjudicator in a strong fashion so that they are able to see that you absolutely cannot live in his country with him and you cannot live in your country without him. You must prove both things. You can do it. I am sure the other filers from Panama will help you figure out how best to get a new appt. and also how to beef up your letter.

Start reading on this site. You can do this. Good luck!!!

latacunga
06-27-2008, 07:10 PM
We are looking into refiling, but I had many hardships listed in my original letter, the only one they cited is my back, which is my weakest argument. The other hardships that were included:
- we have a 2 year old son together
- I don't speak, read, or write Spanish
- My work skills are oriented toward US FDA regulations, very specific to US
- My only living family is in Minnesota
- I have no family ties in Ecuador
- If we lived there we would need to live in Quito for work purposes and his family lives 2 hours from Quito, I would be alone and isolated
- We own a home in Minnesota, purchased in 2000, and not able to sell (added that inappeal as I put it on the market and had only 2 inquiries)
- I would never accept to live separately from my husband, but can't move to Ecuador and make it economically (in appeal I added the salary my husband is earning working as a teacher)
- In the appeal I added more evidence: letter from pediatrician, letter from daycare, reference to Ecuador unemployment rates and underemployment rates.


I will work on re-organizing it.

Pinkpig
06-27-2008, 07:19 PM
We are looking into refiling, but I had many hardships listed in my original letter, the only one they cited is my back, which is my weakest argument. The other hardships that were included:
- we have a 2 year old son together
- I don't speak, read, or write Spanish
- My work skills are oriented toward US FDA regulations, very specific to US
- My only living family is in Minnesota
- I have no family ties in Ecuador
- If we lived there we would need to live in Quito for work purposes and his family lives 2 hours from Quito, I would be alone and isolated
- We own a home in Minnesota, purchased in 2000, and not able to sell (added that inappeal as I put it on the market and had only 2 inquiries)
- I would never accept to live separately from my husband, but can't move to Ecuador and make it economically (in appeal I added the salary my husband is earning working as a teacher)
- In the appeal I added more evidence: letter from pediatrician, letter from daycare, reference to Ecuador unemployment rates and underemployment rates.


I will work on re-organizing it.

Did you file something in addition to your HSL that you posted here? Did you have documentation for your back issues?

The general tone of your letter is not desperate enough.

You will not be able to leave the US. You will suffer. You do suffer. You will get worse. You are at risk for. You cannot live without him here because.....

You have to cover everything so that you do not give them an opportunity to deny you. I suggest that you read Adriane's HSL, that she wrote herself.

I hope others will give you some more advice. I think the thing that will help you the most is to read the other member's letters who have been approved. Good luck. Please don't take any offense from my comments. I am only trying to help you get an approval as quick as possible.

latacunga
06-28-2008, 02:48 AM
Thanks Pinkpig for your comments. No offense taken, I'm looking for blunt feedback. Obviously, since the adjudicator missed my points, they weren't clear enough. I provided supporting documents but I can make it all bigger, better, and more desperate. Afterall, as time passes I get more and more desperate. It is a complete nightmare.

Pinkpig
06-28-2008, 03:16 AM
Thanks Pinkpig for your comments. No offense taken, I'm looking for blunt feedback. Obviously, since the adjudicator missed my points, they weren't clear enough. I provided supporting documents but I can make it all bigger, better, and more desperate. Afterall, as time passes I get more and more desperate. It is a complete nightmare.

Yes, we all understand about bigger and more desperate. You cannot give them any opportunity to deny you. That is key. You have to prove to them that if they deny you blood will be on their hands. That may be an overstatement but not much. That is the mindset you have to get in.

They will of course have your entire file when you reapply, so they will see that things have gotten so much worse.


I know that there is a support thread on here for those going through Panama. Have you found it? I have hoping that some of the members there will give you somemore feedback.

Good Luck!

M&M
06-28-2008, 03:53 AM
I have my comments about the Hardship letter in blue below. Sorry if anything I said sounded harsh. I completely understand how you're feeling. My husband and I have son also. The seperation was horrible while my husband was stuck in Mexico for 14 months.

If you can refile that's what I'd really go for. Chances are you could get your husband back home alot faster going that route than apealing. Appealing I've heard takes about 18 months and is rarely approved.

My waiver letter is open to your comment. Pinkpig made the recommendation. Thank you. I will also post the denial letter. Accompanying this letter were letters from friends and family, my official job description from my employer showing travel, copy of husbands family court decision showing shared legal custody and schedule along with suspension of child support until the immigration issue is resolved, except husbands pays health insurance. Additional documents also supplied. Comments will be helpful if we decide to re-file.

May 3, 2007

Dear Consular Officer;

My name is_________. I’m writing to support the waiver application of my husband, ________. We have known each other since 2001 and have been married since August 2005. We have one son, __ and live in _ Minnesota.

A little background on myself: I was born and raised in Minnesota. I received my undergraduate degree in International Studies and French Area Studies from The American University in Washington, DC. I was a Peace Corps volunteer in Africa, worked for a Washington, DC consulting firm that managed USAID and World Bank development assistance projects. I earned my M.S. degree in Applied Economics at the University of Minnesota in 1992. After graduation, I moved to ____ and found a data analyst position in medical research for a small biotech company. Fifteen years later, I am still working in clinical research, currently for a medical device manufacturer in Minnesota. I manage projects that test implantable medical devices (neurostimulators and drug infusion systems) in humans. I work with doctors and hospitals across the US, Canada, or Europe to run research studies that support my company’s applications to the US Food and Drug Administration for approval to market our products. I travel to each location to meet the doctors and evaluate their ability to carry out the research. I return later to train them and their staff on specifics of how to conduct my company’s research, and I return at intervals to evaluate research progress, troubleshoot problems, or closeout the center after research is complete. I have worked for 4 different companies in this professional area. My current employer is _. I earn a salary of _. This job sounds great, but you want to make sure they are understanding that you have to be in the US in order to do this job you are trained for. With any supporting documents you can get.

My personal history: My father died of colon cancer in 1973, when I was 10. My mother died of gallbladder cancer in 1997. My deepest sorrow is that my mother did not get to meet my son or _. My mother was amazing. When my father died, she raised her three daughters by herself. I thought her experience was tremendously difficult, and I promised myself that I would never be a single parent. I believe there is no undertaking more difficult than single parenthood. I have two older sisters_ . _ is married with two children, _. _ is divorced without children. _ struggles with chronic pain – fibromyalgia, and severe depression. __ also battles depression. This is mostly just an emotional argument... I wouldn't cut it out completely, but try to find something to go along with it. Does the fact that both your parents died from cancer mean you may be more likely to get cancer also? Do you help take care of your older sister with the health problems?

I met __ through my favorite pastime – salsa dancing - in 2001. It was just before my first trip to South America. I was planning to visit Machu Pichu in Peru with a college girlfriend. When I learned _ was from neighboring Ecuador, we immediately had a million things to discuss beyond our mutual interest in dance. His quick smile covered a difficult struggle with his ex-fiancée, ___ – a US citizen. They met and had a son in Ecuador in 1999. Mom, dad, and baby moved together to the US in 2000 when their son was one year old. Their relationship ended after moving to the US. ____ maintained an tight relationship with his son and they shared daily childcare duties. When I met ___, he was renting a room in a house. He quickly introduced me to __ and little ____. I got to know them very well, as they were trying to establish a “friendly” breakup. Two years later, in late 2004, ____suddenly cut him off from their son. He has gone to court and established joint legal custody, and most recently had parenting time every Thursday and every other Friday through Sunday. Since this is mostly all about your husband and his son, it really doesn't have any argument as to the hardship you the US Citizen would suffer if husband remains outside the USA. Remember everything needs to be about you and your hardship.

In 2005, ___ and I married, started a family, and are now sorting out his immigration issues. We understand that his previous non-compliance to his fiancé visa leaves open the possibility that he might be refused re-entry to the US for 10 years. However, he overstayed his visa in order to stay with his son and I can’t believe that I, my son, and my stepson should be penalized for a father’s dedication to his son. Cut this out completely for the reasons that Pinkpig gave you.

It would put tremendous hardship on me if ___ is denied re-entry and I would like to ask that he be allowed to re-enter the US. I can’t manage without him. He is my partner and shares the child rearing responsibilities. As I mentioned earlier, I travel for my job, usually 2 or 3 days at a time and he takes care of Luca while I’m away. In 2005, I was sent for a month to Europe. I don’t know what I will do if I must make a trip and have no one to care for my son. I could lose my job. When I am home, my work hours often extend beyond what a daycare provider covers, and my husband is there to take care of Luca. Raising a child is not a one-person job, I can’t do it alone. This is good and can probably be made up to sound more desperate.

The stress of handling a job and child are difficult enough, but overwhelming if you are by yourself. When I am under great stress, I have a tendency to get low back pain. I can go long periods without a problem, but when I least expect it overwork, stress at work, or just a strange little movement starts a period of muscle spasms. I’ve had this for years, my mother also had it, and it usually hit her near holidays. I’ve tried muscle relaxants, but nothing really affects it. I guess my back is my weak spot. When it starts, I can’t lift anything; I can barely walk. I just have to wait it out. It can take a few days, to a few weeks to get back to normal. Gentle exercise, swimming, walking, and stretching help me regain function. Thank goodness _____ is there to take over for me. It was bad when I had no children, all I had to do is take care of myself. Now that I have a little guy that always needs something, it is critical that someone be around to help. Imagine having a muscle cramp that won’t go away no matter what you do. During this last episode, ___ did all the lifting of Luca in and out of the crib, the dressing, the bathing, all the daily activities that I couldn’t do. Any sort of medical hardships are always good. If you can get any medical records/doctors letter for this that would help alot.

My husband’s bond with our son is amazing. I can’t remember such joy with my own father. ____ plays with ____, he knows how to care for him, feed him, how to get him rolling on the floor with laughter, how to get him to growl like a monster. He can tell when ____ is bored and needs a change of scenery, or that he is hungry and needs to eat. He puts ____ to sleep by tapping on his thigh and whispering things in Spanish to him. My son has a father who adores him. This part is all emotional too.

Without him, I don’t know how I would make it financially. Our monthly expenses include a mortgage ____, a car payment ____, car insurance ____, condo association fee ____, phone ____, gas and electric utilities ____, daycare ____, food ____, clothing ____, health club membership ____, internet service ____. To say nothing of property taxes, clothes, and day to day expenses. This is good too, especially if you show that your income alone does not cover these costs. With evidence of course!
If ___ can’t return to the US with me, what are our options? I won’t be able to retain my job without someone to care for ____ when I travel. Could I sell everything I have and move to Ecuador? Everything I have is in Minnesota. My family, my job, my home, everything is here. My health and dental insurance are through my job, and I can’t imagine the cost of maintaining good medical insurance while out of the country. ___ is a baby; he needs regular, high quality medical care. There are so many things to think about when traveling with a child, I would hate to be away from health care that I am familiar with. At the core of my fear to relocate to Ecuador is that I don’t speak Spanish. What kind of job could I get without Spanish? It is a daunting and frightening prospect. My current job skills in clinical research will not be transferable. I think we would completely lose our standard of living forever. A denial of re-entry would devastate my family. Please don’t ask me to uproot my entire life. You really need to get into this part with evidence to back it up. Get info on medical care and insurance costs in Ecuador. Find statistics and information on the kind of money you and yoru husband would be making working down there. Chances are you would hardly make enough to live off of, let alone be able to afford health insurance. The whole language problem and fact that you wouldn't be able to continue your current field of work is another whole hardship itself.

Moving to Ecuador would mean my son would lose the bond he has made with little ___. Little _____ has taken to the role of big brother like a pro, they adore each other and need to be near each other. I want ___ to enjoy the relationship with his half-brother and to foster that relationship, we need to be in Minnesota. This is the only brother ____ will have, as I don’t plan on having more children. Any medical, educational, etc... hardships of your son that can also be shown as hardships to you can be used. Check out the educational system in Ecuador versus US... Can your step son leave the country to visit his father? If not, even though that's not a hardship for you, maybe you could use that somehow...

I have close family ties in Minnesota that I don’t want to leave. The only immediate family I have, beside my son and husband, are my 2 sisters who live in Minneapolis. They have both helped me out with ___. ___ picked ___ up every day and brought him to my sister’s after I started back to work following maternity leave. She did that for 6 months so I could get used to going back to work and wouldn’t have to contend with commuting time during the winter. For the first year, ____ provided daytime daycare for ___ once I returned to work when ____ was 3 months old. ____ would pick up ____ at 3 and everyone would be home when I got home in the evening. Where else can you get help like that, but from family members? Now that ____ older and more active, he goes to a daycare facilty at my work. His father and I share the drop-offs and pick-ups. If we were to move to Ecuador, we would not live close to his family in Latacunga, more likely we would live in Quito. I would be isolated, without family.

A wonderful side benefit of _____ providing care for ____ has been that my niece and nephew, ____, have developed the most wonderful relationships with ____. I want ____ in Minnesota where he will continue to enjoy those relationships with his cousins.

I have seen what separation from his father can do to a child. Little ____ was separated from his father for an extended period due to his mother’s actions. During that time we ran into little ____ once, accidentally. Little ____ burst into tears at the site of his father. He grabbed his father so tightly I thought he would never let go and just sobbed. We just stood there, both father and son crying and hanging onto each other for dear life. It broke my heart, it brings tears to my eyes right now to think how I would feel if ____ were separated from his father. All I could say to little ____ was to remember that his father loves him very, very much. I can’t say that to my son. I want ___’s father to be there every day to tell him how much he loves him.

I have personal reasons for wanting to stay near my sisters. They both struggle with depression. I would never forgive myself if one of them needed my help and I was too far away to help. ____, the oldest, also has to deal with a chronic pain syndrome and migraines. She has a wonderful husband who steps in to cover all sorts of household issues or childcare emergencies, but I also help where I can.

Lots of the above is all emotional and things that any mother/person would want.

____ would suffer by not growing up in the US. He would miss out on important educational opportunities, like bilingual education, if we moved to Ecuador. We have a Spanish immersion school available to us through the public school system and I’ve very excited for ____ to experience that. ____ couldn’t get the foundation in English that he needs if we were in Ecuador. While I respect and value Ecuadorian culture, there are parts of the culture I don’t appreciate and I’d rather my son’s primary cultural influence be US-based. Like I said above, this can be expanded and used more.

____ has family ties in the US. He has several relatives living in the US as permanent residents or US citizens. __________________________ His relatives have given me a warm welcome into their family. We are often invited to his uncle’s home for holidays and special events and we have traveled to visit relatives in ____ several times, and they have traveled here, most recently to visit us for ____’s baptism. They don't care about any of your husbands hardships, it's all about you.

Other issues that weigh into my reluctance to go live in Ecuador include that I don’t think right now is a good time to live overseas. I lived in France and Africa in the 1980s and 1990s and had a wonderful time and generally think overseas experience is something everyone should experience. However, with the current political climate and current events in mind, I am apprehensive to live with my son overseas. I also suspect I wouldn’t fit into Ecuadorian society. I have lived outside the US and I know there are always ups and downs when it comes to fitting in. I’m not at a place in my life where that struggle seems exciting. I’m happy with life in Minnesota and would rather continue to live in Minnesota where the norms and values are familiar to me. I also worry that we would become a burden to ____’s family. They don't have extra resources to help us out, although I believe they would try. I have always been a very independent person and have always paid my own way. It would be tremendously stressful on me if were to try to relocate to Ecuador, or if ___ were to return to Ecuador for an extended period.

All of this is just you don't WANT to live in Ecuador, not that you CAN NOT live in Ecuador.

If we don’t move to Ecuador, the other option is to live separately. I can’t do that to my son. He adores his father, and I want my son to grow up with his father at his side. I didn’t have the opportunity to know my father beyond the age of ten and it has marked my life in very profound ways. I don’t even want ____ separated from his father while this decision about re-entry is made. It seems cruel to keep a child from his parent. Since I’m an adult, I understand that decisions take time to process and so I understand when my lawyer tells me that it can take up to a year or so to decide this case. However, my son isn’t going to understand the separation, and I feel terrible about that. Please make your decision as quickly as possible. Living separately would be extremely difficult for us financially. We don’t know how we would maintain a separate living situation for an extended period of time.

Prove that either case senario is NOT an option.

Terrible options if you ask me: pack up and go to Ecuador, or break up the family and live separately. Either way, my family loses out.

Please allow my family to stay together in Minnesota.


Sincerely,

latacunga
06-30-2008, 12:30 AM
Pinkpig mentioned there is a support group for waivers and appeals. I haven't found that, can someone point me in the right direction?

Pinkpig
06-30-2008, 12:49 AM
Pinkpig mentioned there is a support group for waivers and appeals. I haven't found that, can someone point me in the right direction?


http://immigrate2us.net/forum/forumdisplay.php?f=74

all of the threads here pertain to filers thru Panama ;)

latinlaw0315
06-30-2008, 02:15 AM
Hi,

I was just reading you letter and the response that you received from them. Your letter needs to have lost of documentation and you should lists your strongest hardships first and list the weaker one last. You should look at the hardship letters that have been approved. I know it is hard to write this letter without putting your heart in it literally, but from what I have learned here they want to get directly to the meat and potatoes. You must get documentation for everything you say in the letter and try to express why you can not live here without him and why you cannot live in Ecuador with him. Did you find out if you can refile?

latacunga
07-17-2008, 04:33 AM
How do you find out if you can refile? Do you ask "Can I refile my I-601"? The denial tells you that you can appeal but it doesn't say anything about re-filing. Anyone who has done this, please let me know who you contacted and what you asked for when you made the appointment.

I can't wait 2 years for an appeal decision.

Thanks.

gatita
07-17-2008, 09:59 PM
How do you find out if you can refile? Do you ask "Can I refile my I-601"? The denial tells you that you can appeal but it doesn't say anything about re-filing. Anyone who has done this, please let me know who you contacted and what you asked for when you made the appointment.

I can't wait 2 years for an appeal decision.

Thanks.

If no Panama people know, why don´t you post this question in the space on this website for questions for Laurel´s chat next Wednesday? Then, you can check back next Wednesday afternoon and see if she was able to answer your question.

M&M
07-17-2008, 10:24 PM
Is there a way to contact the consulate and ask them if you can file a new I-601 Waiver if you redo the visa interview?

latacunga
07-18-2008, 11:56 PM
Thanks for comments. I will look into how to post a question for Laurel's chat. That's a great idea.

I can certainly call the consulate in Guayaquil where we filed.

imisshimmuch
07-19-2008, 12:02 AM
Good luck :)

latacunga
08-24-2008, 04:09 PM
We married in 2005 and had our son. Our I-130 was approved and we scheduled my husband's appt in Ecuador. My husband had an overstay of more than one year following a fiance visa to marry the mother of his first son. He has a strong relationship with that son and shares legal custody. We knew he would be denied at the interview and presented our I-601 in Ecuador in June 2007. I received a denial in February 2008. I don't have any level 1 or 2 arguments, only level 3 and 4. What can you tell me about the Panama office and whether they have given approval on level 3 and 4 evidence? I filed an appeal but I am heartsick at this point because the AAO just told my Senator that the process will take 2 more years! What did we do wrong? Anyone have experience with AAO?

momof1
08-25-2008, 03:45 PM
latacunga did you find out if you can refile yet??? i have a friend who was just denied in panama(husband from ecuador) and i'm trying to find out how to direct her. good luck to you.

latacunga
09-01-2008, 05:49 AM
The whole situation is comical...short answer is I don't know yet if I can re-file, or where I have to start. Long answer: I found out that Guayaquil, Ecuador hasn't received a copy of our February 2008 denial. (It's the end of August now so they should have gotten it) They said I should get Panama to send them a copy of the denial, because they can't answer my questions without the letter. They didn't want my copy. I called and emailed Panama and got various non-answers. Finally, I spoke to someone in Panama last Friday and that person explained there was a backlog and our case was sent to Mexico - that is why our letter is on Mexico letterhead. The Panama person won't be in the office until Sept. 9. I called Mexico hoping they might be able to send it but they turned me back to Panama. I will be glad to share more when I get more information.

momof1
09-04-2008, 06:23 AM
The whole situation is comical...short answer is I don't know yet if I can re-file, or where I have to start. Long answer: I found out that Guayaquil, Ecuador hasn't received a copy of our February 2008 denial. (It's the end of August now so they should have gotten it) They said I should get Panama to send them a copy of the denial, because they can't answer my questions without the letter. They didn't want my copy. I called and emailed Panama and got various non-answers. Finally, I spoke to someone in Panama last Friday and that person explained there was a backlog and our case was sent to Mexico - that is why our letter is on Mexico letterhead. The Panama person won't be in the office until Sept. 9. I called Mexico hoping they might be able to send it but they turned me back to Panama. I will be glad to share more when I get more information.

panama-ecuador seem to be having some communication issues and they really need to get their act together.

Adriane
09-04-2008, 06:09 PM
You're going to need to refile- ditto to Pinkpig, an appeal is not going to get you anywhere.

How much documentation did your attorney include with this packet? I would be very wary of this lawyer- this letter was nowhere near strong enough to be approved.

The good news is that if you were approved to file once, you are eligible to file again. You need to contact the consulate to request a new interview. If they have not yet received your denial, I believe (but I'm not sure how) that you can apply to have your current I-601 'abandoned.'

It's going to take some time, but I think if you refile and strengthen your hardship case, you can come out approved. Have you read through some of the approved HSLs that are posted on our site? Keep in mind that approvals through Ecuador are harder to come by than approvals through Cd. Juarez (CDJ) Mexico- but still do-able.

Good luck.

Pinkpig
09-04-2008, 07:09 PM
It sounds to me like you need to get a congress critter involved. If they have not received your denial letter and are telling you to get Panama to send it and it might be in Mexico, it is definitely time to get you elected official to help you. This is out of the normal. Something is wrong and it seems there is nothing you can do to fix it.

Get in touch with your US senators and your US rep. Directions are on their websites to tell you how to start the process for them to get involved with your case.

US senator here: http://www.senate.gov/general/contact_information/senators_cfm.cfm

US rep here: https://forms.house.gov/wyr/welcome.shtml

stephluvju
09-05-2008, 04:36 AM
:(

latacunga
09-16-2008, 04:45 AM
Pinkpig,
Thanks for the additional suggestions. I have not had much luck with Senator or Representative, despite having gotten so worked up I got myself elected State delegate to the Democrat's convention and cornered the representative at the District convention and managed to get a face to face appointment with his immigration person. I managed to get one Senator to put a cover letter on my appeal but it was a lot of arm twisting. You have a good point that the consulate not having a copy of the denial is another snag that could push my representatives to action. I will try that again.

I spoke with Guayaquil recently and got a nice guy that say I can re-file despite them not having a copy of the denial, so I am still polishing my re-filing letter and will investigate these other issues on the side. He also says I don't need to re-do police report, medical exams, biographic forms. I hope that information is reliable and won't lead to more delays down the line, but I have my hands full just getting this letter right. I have more hardships but they all seem level 3 and 4.

A lawyer recommended by my employer wants $5000 to improve the appeal, but I am not convinced lawyers are the solution at this point. I'm going to take the letter as far as I can and probably do the refiling without a lawyer.

Your encouragement is really helpful. Thanks everyone!

momof1
09-16-2008, 04:49 AM
Who was this? Betty McCollum? Keith Ellison? uggggh Norm Coleman

Personally, I'm going the route of Keith Ellison. We're going for sympathy points because of my son's heart condition and the fact that we're both muslim. At the firm that is handling our case, One of the immigration lawyers went to law school with Keith Ellison so that might help also.

Good luck and keep us updated. I have been thinking about you lately.

latacunga
09-16-2008, 05:00 AM
Hate to tell you this - especially during Ramadan - but it was Keith Ellison that I cornered at the convention. I'm very sympathetic toward him because I was a Peace Corps volunteer in Mauritania (Islamic Republic of), my first husband was muslim, and I voted for him. He made a bit of a show calling up his immigration guy in front of me and kind of chewing him out (I contacted the office through email and by phone and never got any response). I'm not a showy person so I wasn't impressed by that, but worse was that when I went to his office the immigration guy walked into the room and straight out accused me of lying about contacting the office by email! I told the guy there is something wrong with your system because it sent me an automated reply. I couldn't believe it!!! Then he listens to my story and then lectures me that I shouldn't contact Ellison ever again because it is his job and it takes time --- blah, blah. He NEVER contacted me again. I want the guy's job - I want the guy fired and I'll take his job!. I was so mad I went home and emailed him the reply I got from their own server. It may not be Ellison's fault, but he shouldn't have someone like that working for him.

Hope your experience is better.
Edit:
Also, I've had Democrat delegates tell me I should go to Coleman because he has been there longer and knows the ropes better. They also said that everyone is trying to win points during this election season so he would try hard. I went to Klobuchar and her person gave me the cover letter but it is really non-commital. I was an intern in a Senate office during college and I always thought legislative aide is a great job.

With your son's heart condition, you might also get them to expedite a decision. Best of luck!!!! How interesting that you are going through Panama, but you are both muslim? Where is your husband from? I didn't even realize there were many muslims in South America.

momof1
09-16-2008, 05:12 AM
thanks for the tip. naaaah we're not going through panama. going through rome bc my hub is algerian. just my co-worker went through panama and I felt bad for your denial. that's all.

emt103c
09-16-2008, 03:20 PM
lacatunga--

I agree with Adriane about the refile. . .if you're thinking of hiring an attorney, take a look at the recommended ones from the link in PinkPigs signature. There are very few attorneys who have experience with this and from the fact that your attorney chose the appeal and never mentioned a re-file. . . .

gatita
09-17-2008, 02:59 AM
Norm Coleman's rep. got accurate info. for us in one day. If you haven't contacted them, I would do it- Republican or no who cares if it works?

latacunga
09-17-2008, 03:04 AM
momof1-
best of luck to you! I was pretty sure I had a good lawyer, she used to work at Centro Legal, she teaches at Hamline. A friend who owns a translation service even recommended her to me, not knowing that I had already been in contact with her. She is really sincere, but I realize now that I didn't know what to ask about specific experience. I should have asked for number of I601s she had done and how many approved, and how many denied and how many of the denials were overturned by appeal or re-filing. I learned only after the denial that she hadn't had an I-601 denied and the ones she had done were for central America. I still don't know how many she has done.

I will either re-file myself or try Laurel Scott or Heather Poole. Is it too nosy to ask how you chose your attorney in the Twin cities?
Edit:
Gatita,
Thanks for your message. Did you call Coleman's office or contact by email? Did you contact the Washington or Minnesota office?

gatita
09-18-2008, 02:59 AM
My mom called his Washington office.

edwin221
09-20-2008, 04:45 AM
HI where is your husban's letter he needs one too. If he got any felonies he needed to sponge his case before.
Edit:
I did all the paper work by myself you dont need a lawyer.

H&Emom
09-23-2008, 03:47 AM
Latacunga-

My husband was interviewed in Guayaquil and submitted a I-601 waiver in July 2007. It was denied in August 2008. We are appealing and refiling the I-601.

I also live in the Minneapolis area.

I would like to connect with you to compare notes.

Oh and I am momof1's coworker...

Netter-Poo
09-23-2008, 05:15 AM
Sorry, hang in there, don't give up.

Luckysprite
09-23-2008, 10:29 PM
momof1-
best of luck to you! I was pretty sure I had a good lawyer, she used to work at Centro Legal, she teaches at Hamline. A friend who owns a translation service even recommended her to me, not knowing that I had already been in contact with her. She is really sincere, but I realize now that I didn't know what to ask about specific experience. I should have asked for number of I601s she had done and how many approved, and how many denied and how many of the denials were overturned by appeal or re-filing. I learned only after the denial that she hadn't had an I-601 denied and the ones she had done were for central America. I still don't know how many she has done.



Can I ask who was the lawyer you were working with that used to be from from Centro Legal? I only ask because we hired them as a firm - and were completely let down. Like you - before we hired them - I didnt know the 'right things to ask' and didnt learn what they were until I started researching this process myself.

Anyways -- before we ended up with our last attorney and legal assistant their turnover seemed to be high in the beginning and maybe we had your lawyer on our case as well ...

Don't get me wrong - they were punctual and efficient on all of the forms for us - pleasant, polite - whatever -- but did nothing for us in terms of our HSL ... and I re-did our packet myself before submitting it to Mexico this past summer.

latacunga
09-24-2008, 01:55 AM
Paula Duthoy
Edit:
What does NVC in your timeline mean?

Luckysprite
09-24-2008, 03:02 AM
Paula Duthoy Nope - she was not one of the many assigned to our case at some point .... :D
Edit:
What does NVC in your timeline mean?

NVC stands for the National Visa Center - Where your I130 petition goes after its approved for add'l processing on your case before the appts at the consulate ...

stephluvju
09-24-2008, 06:42 AM
:(