Can I get some advice?

[chaental]

My husband's interview is Scheduled for 09/09/08 in Guayaquil, Ecuador. We are expecting a denial based on his illegal presence in the U.S. for 5 yrs and his deportation at government expense.

My questions:
1. Can we apply for the waiver at this interview? Or do we need to schedule a second appointment?

2. There are no actual crimes on his record, just his illegal presence. Are they more lenient in approving HSL's and the waiver? I have a few arguments, but they are about level 3 and 4.

3. Will the waiver be sent to Panama? Or does it stay in Ecuador?

Thank you! :wink:

[Laura]

Hi there,

The waiver will be sent to Panama for adjudication. I don't believe you need to schedule a second appt. I believe they will tell you if you can submit the waiver the same day or if you need to come back, but it's not like Mexico where you need a special waiver appt.

Just make sure whatever arguments you use you back up with lots of evidence. Panama is not lenient, but not super strict either. Hopefully some people who filed through there will comment.

[jessfs8]

Also he will need 2 waivers, one for the illegal presence and the other one for the deportation so be prepared to pay for those.

[latacunga]

Hi,
My husband had his interview following approval of our I-130 in June 2007. He had an overstay of more than one year so we had prepared the waiver in advance and were prepared to submit it. They spoke with him and gave him his letter that he was banned for 10 years along with information on how to file a waiver. We (I was at the consulate with him with our 1 year old son) tried to submit the waiver the same day, but they told us he needed a separate appointment, they only accept waivers on a specific day of the week because they need someone particular there that day. I was upset because that mean calling the 800 number and getting an arbitrary new date and I told the consular officer I was only there for 2 weeks and she went back and got us an appointment for that Friday (I think we went on a Tuesday). So, we had to wait for Friday and go back and present the waiver.

Yes, your file will go from Guayaquil to Panama City. The response will come from Panama City.

Please make sure your papers are well written, we thought we had everything in place, we worked with a lawyer, and we still got a denial from Panama. It took 8 months to get the denial. I'm currently trying to find out if we can re-file. We filed an appeal, but I recently learned the appeal decision will take two years to get a response.

Good Luck!

[chaental]

that is not good news! I can't imagine waiting 2 more years!!! I am so sorry for u!!

[latacunga]

My arguments were also only 3 and 4, but I didn't provide an exhibit related to the item called out in the denial letter. The issue for me might be as simple as needing evidence for that issue, but I can't be sure.

I have therefore re-written the entire thing and detailed several additional hardships.

You can see my original letter and denial letter posted on the I-601 Panama section under - waiver denied husband Ecuadorian. It is killing me to wonder if the simple act of including an exhibit related to medical care I have received for that condition might have changed the decision.

My lawyer was furious at the decision, she felt the denial was written so poorly she decided the appeal was the way to go. She didn't tell me there might be different options. I'm not sure my lawyer is all that great. I do know she hasn't done an appeal before. She told me her I-601s have all been approved.

[russ2169]

If you didn't have supporting documents, that could be all there is to the denial.
Every statement you make needs to be backed up to the best of your ability with documentation. Just for your knowledge, it is easier to file again with a better hardship package than it is to win an appeal, quicker too.
Best of luck in your case.

[latacunga]

thanks for your comment on re-filing. I called the consulate to ask about the process to refile and was told to call the 800 for interview appointments. I called that and the person did not know the answer (and didn't speak English well making it difficult to communicate). She said she would contact the consulate and ask the question, so I am still waiting to find out if they will allow my husband to re-file.