denied in vienna

[gazi lu]

anyone filed a second waiver?I just got denied,and i am preparing to do another one.Anyone knows if a second waiver can be approved with more documents?
march 2001 married,I130 aproveed
november 2002 got the deportation order,lawer did not tell me
2 years later try to reopen me case,denied .Went to federal court
2006, denied
novembre 2006 went back to albania
decembre 2007 vienna
june 2008 denied in vienna


my hole family are usa citizen, my sister ,my parent are permanent residents, my wife family too.My mom died in us,barried there.I have a daughter she is 4,

anyone can tell me what else can i do, i tried almost everything.

[samantha]

I'm really sorry for you. Can you tell us little bit more about your hardships, did you had good letter, what was your main hardship,any medical,did you used a lawyer?
You should definetlly refile, and yes you can get approval second time.
Good luck.

[REDaja05]

gazi lu, I'm so sorry to hear your news. I know how it feels my husband who is Albanian has been denied two times already. Don't give up It is posible to get approved on a second waiver.

[Marina]

Sorry to hear this. We filed in Moscow and got denied. We decided to file an appeal and got an approval. May be you should find out what would be better thing to do refile or appeal. Are you using an attorney?

[gazi lu]

i had an attorney,and he did not tell my wife anything,what a waiver needs, like her medical situation,financial problems ect.He just got my money,that is it.my waiver was only 2 pages and 2 paragraf harship letter that my wife wrote.some bills ,coppy of her passport,some pics of us that"s it.My wife is so mad now, cause he made it so easy for her,we thought that was it.we have a different attorney and he was surprised when he so the coppy of the waiver.I had bad luck with attorneys,dont know what to think anymore.this attorney promised me that will do the best job he ever did on waivers.so i just have to wait. thanks for your comments everybody.

[samantha]

Sorry to hear this. We filed in Moscow and got denied. We decided to file an appeal and got an approval. May be you should find out what would be better thing to do refile or appeal. Are you using an attorney?

Definetly refile, do not appel because it takes forever.!

[olie2oo6]

I am so sorry you got denied. we got denied as well and now we are filling again with more documents. I am glad you got a different lawyer.

[lmichellebelle]

Just wanted to say that I empathize! We also got denied through Vienna and are re-filing. We are going to submit our waiver packet for the second time when I travel to see my husband at the end of the month.

Definitely stress any medical hardships that you/significant other may have, as these are considered more pressing than financial hardships. Also, they care way more about the hardship to the U.S. Citizen than hardship to the U.S. Citizen's sig. other, so stress emotional and medical/psychological hardships your wife will endure due to your separation and provide back-up documentation. Also to your daughter/other children if this applies.

Also, check the forum labeled "Vienna" to see othe info.

Hope this helps! Good luck to you and your family. :cheerful:

[klaudialaw]

gazi lu, why where you deported? If you applied for assylum in USA and were denied this would make a big difference in your case.

Anyway, the fact that you have a lot of family in the US helps in the waiver. In cervantes-gonzales(precedent) this is one of the elements the board used to determine hardship. Make sure to include this in your hardship letter. The fact that your mother died in US also shows that you have a special attachment to this land.
Dont let this other lawyer ruin you life. Spend time in this forum as much as you can and post your questions or even your HSL so memebers can make suggestions. We are all here to help each other.

Klaudia

[Marina Street]

sorry about your deniel don't give up, make a better waiver you can find alot of good examples on this site or better lawer. Good luck!

[LucynSergio]

I'm sorry..

[gazi lu]

my first attoney he got his license taken away in 2003.for almost 1 and half years i could"t find him in his office.i called him so many times,went there but nothing.finally i filed an agrivance for him.They send me a letter stated that my attorney can not practice law anymore,he didt have a licence anymore. In the mean time i was waiting fom my appeal decission.I got laid off from the
factori i was working in july 2003.I hired another attorney in january 2004.we learned that the appeal denied me in november 2002.I never got anything at home nor from immigration or my attorney.the second attorney he told me to wait till my wife get her citizenship.she did in 2004 december.so it was almost 2 years that i had to leave the us acording to the appeal.Than my attorney filed for my case to reopen because i didt know about the appeal.we filed at detroit immigration first ,denied than federal coutr.In july 2006 immigration law enforcment came to my house,i was at work.Came home called them .They told me i had to leave.i showed up at immigration with my passport and ticket,they were nice and said to me i could stay 3to4 months to take care my things my bills ect.my question is that if knew that the appeal denied me in 2002 i would have donne something,so how can i prove them wrong?i have only the leter from my first attorney signed by him saying that he did not tell me about the appeal nor that he recived anything from immigration at his office.this is the reason that federal court denied me . For the same reason vienna told me i disregarded the immigration law.They sad it does"t matter that my attorney did not tell me ,it is my fault i was neglecting and beeing indiferente.all i did was trusting the attorney.and because i did not leave on time i have a 10 year bar cause i stayed for almost 2 years not doing anything.Anyone have any suggestion?

[klaudialaw]

Gazi Lu, are they letting you apply for a waiver? if yes then you go ahead and do that with a lot of supporting evidence. It is important for you to show all the evidence as to why you did not receive any papers from lawyer etc.

[Diana0828]

My husband and I were denied our waiver application too last week from Vienna. Does anyone know what the process is to reapply for the second time??? It's my understanding that we need to schedule an appointment at the same embassy where the 1st interview took place to resubmit the waiver applications. My husband doesn't have to go through the finger prints again cause those are valid for 15 months.

Can we use the same letters from our friends and family in this waiver packet too?? even though they were including in the 1st one....We were told that I didn't show enough "extreme" hardship, so I know how to rewrite my letter and make sure it's correct. We used a lawyer, but now I think I'm going to try it myself, I have no more money for legal fees.

Your answers are appreciated.

[mosaic]

I am so sorry for all of you that were denied... I wish you all best of luck... I hope you get approved the second time...

[gazi lu]

I hired a attorney in michigan her name is Marisa Petrella.My friend told me she is good,he filed in vienna to, with this attorney and got approved 6 months ago.Does anyone from michigan used her service?Is she a good attorney?