Refile or appeal

[bmars2008]

Hello.
I was denied in Ghana, they said that our haredship letter was not strong enough and they told me to appeal but it tooks a long time.do you know how can i refile and how long it tooks to get an appointment with us consulate in dakar ?

[emt103c]

We don't have that many people taking "new" appointments in Ghana, but hopefully someone will come along who can comment.

As for making the new appointment you will need to either email, fax, or mail a letter requesting the new date. It is up to them whether they do it or not.

At that interview, it is possible they will make you file a new DS-230, but they should tell you what to bring when you go to the interview. The interview will probably work the same way that your original one did in terms of how/when they allowed you to file the I-601.

[Bebeau]

Ghana will not let you refile a new waiver but will let you do an appeal in 33 days if you received your denial letter by mail. I do not know which consulate took in your original waiver. If it is Dakar, you do not need to make an appointment. They accept waivers on Tuesdays and Thursdays. You have to be there before 11a.m. I dont know what you mean by your hardship letter not being strong enough. what points did she highlight as weak?

[bmars2008]

Hello Goderich.
I past 33 days my loyer is preparing a new lettre but he did not call them .do you nean i can not do refile or appeal then i lost everything.

[emt103c]

Goderich, why would Ghana have a special rule that no other consulate has? Where did you find that they will not allow you to re-file?

[Bebeau]

Hello Goderich.
I past 33 days my loyer is preparing a new lettre but he did not call them .do you nean i can not do refile or appeal then i lost everything.

Ask your lawyer to call Ghana to find out if he/she can file a new 601, but I know for a fact that Ghana only accepts appeals and must be done 33 days from the date the denial letter was mailed to you. I f you dont have a timely appeal then the CIS decision stands. Call Ghana, maybe the officer will explain things better to you.

[Pinkpig]

This is puzzling as other consulates allow you to interview for a visa based upon an approved I-130 a second time after the original I-601 has been denied.

Members have done it successfully in CDJ, Lima, Brazil, London and in Vienna the same member just applied for the third time.

[Bebeau]

I am not saying that if you want to start over with a new ralative petition, certainly you can file an I-601 anew, but if you have been denied and you do not want to appeal the case, but just want to file a new I-601, Ghana will not accept the new waiver.

[Pinkpig]

I am not saying that if you want to start over with a new ralative petition, certainly you can file an I-601 anew, but if you have been denied and you do not want to appeal the case, but just want to file a new I-601, Ghana will not accept the new waiver.

No, you are right. I think there is a misunderstanding. I am sorry.

If the I-601 has been denied, you are correct that the only recourse you have is to appeal.

If your I-601 has been denied, you have to start the visa process over from the point of a new visa interview at the consulate based on the approved I-130. You do not need to refile the I-130 again.

So you can ask for a new visa interview at the consulate and then do the I-601 waiver filing process all over again, with a new, much stronger waiver package.

[emt103c]

What we are confused about is that an I-130 is valid as long as the relationship exists.

Some consulates require a new Visa application (DS-230) and sometimes a new interview. . .but they cannot require that a whole new I-130 gets filed since the original one is still valid.

[emt103c]

I posted same time as you :-) we're saying the same thing.

[Pinkpig]

I posted same time as you :-) we're saying the same thing.

Yes, we are saying the same thing. :)

[bmars2008]

What is the DS 230?

[emt103c]

The visa application that you probably filed through NVC which was sent to the US Consulate. http://www.state.gov/documents/organization/81807.pdf

[kilimanjaro]

emt103c,

Just want you to weigh in on this 9(c) finding by USCIS.

A week after my waiver denial, I want to make sure anything is possibly doable.

Laura advised me to send her more detailed informations (letter of denial) before she conclude.

What you make of this denial when I did not intentionally lied to re-enter.

I did call the embassy from the U.S. back in 1999 for an F1 visa appointment.( can look for those phone records).

I believe they could well be suspicious of my intentions; Certainly not aware of the 10 years ban. I was trying to get back into the U.S. to study.

How can I found out of the reasons of my first wife petition withdrawal. Didn't she have to put in writting what her reasons were??

So entering after being inspected can not alone be considered as legal entry; then subject to a waiver as the US consulate here suggested.

[emt103c]

I think you need to do the consult with Laurel as she said and send her the documentation.

Based on the information you have posted here, the consulate is misinterpreting the 9C part of the law. . .Laurel has won these cases before.

I wish you luck, please get her help, it could save you years.

[loslagos]

B mars2008, i believe you have to do a MTR since u passed the 33 days given. They are particular about those days. But you cant file a new 601 thru Ghana. This is serious!!! while CDJ does a refiling instead of appeal.