Appeal denied. What's next?

[california_luv]

Hello everyone, we just found out the AAO has denied our appeal (601). I am wondering what we should do next if anything? I've read the other thread in which billchris was able to appeal the appeal of the appeal of the appeal :thumbup: and finally was allowed back in the US.
Hopefully billchris will be able to share more of his story with us.
Other "appeal denied" folks, come here to vent and share your experience. Tough times for all of us, let's stay strong and positive!

[madrika]

I am sorry to hear about this happening. I think everyone would suggest that you ask Laurel in her chat tomorrow!

Do stay strong!!

[Ms.Valencia]

Stay STrong!!

You live in Paris?
(I have family there)

[Pinkpig]

Laurel will not be having her chat tomorrow. It is her birthday. Go to her website at visacentral.net and read her memo on I-601 waivers. She discusses appeal somewhat on there. I don't remember the particulars. Why was your appeal denied? Was it because you did not prove hardship? Was it because of a point of law? Where did you file your waivers? What are you trying to overcome? What did the consulate charge you with? Did you use a lawyer?

I will be gone all day but the answers to these questions will help others help you.

[california_luv]

Thaks all for your kind words, my wife and I are trying to keep our heads up although we didn't place much hope into this appeal thing. We felt this was another $700+ down the drain but hey, we tried anyways.
I don't have the denial notice yet in my hands, my wife had just informed me that she had received the notice, I'll have more details soon.
I did overstay my VWP, married my wife, got deported a few years after that. Craziest thing is that she became a USC by taking the oath 3 days after I got arrested, while I was in detention. Isn't that ironic?
Anyways, I have no criminal records, nada niet, neither in the US or in my home country. I am just a regular joe.

We did use a lawyer for filing the 601 and 212 and to help prove hardship, but that person turned out to be a crook (and I am fully aware of the weight of this word), our case (if we ever had any case to start with, but i guess $$$ won over honesty) was badly presented IMHO, our lawyer obviously didn't give it much of her attention ... You know when your name is mispelled or birthdates are MM/DD/2005, or that your "package" is FedEx'ed to you the day before your consulate interview .... So we got denied, unable to prove extreme hardship.
When the lawyer asked for again more money without a second thought or even feeling sorry for us to file the appeal we decided to do it ourselves. We submitted a brief and that was it, at the time we really didn't think this appeal would work and well, we were right.

Wow this feels good to talk about it a little, it's a subject i hate to talk about though ...

I will read thru this generous ressource that is Laurel's website, thanks everyone again for your support.

Ron

[coronaf]

Thaks all for your kind words, my wife and I are trying to keep our heads up although we didn't place much hope into this appeal thing. We felt this was another $700+ down the drain but hey, we tried anyways.
I don't have the denial notice yet in my hands, my wife had just informed me that she had received the notice, I'll have more details soon.
I did overstay my VWP, married my wife, got deported a few years after that. Craziest thing is that she became a USC by taking the oath 3 days after I got arrested, while I was in detention. Isn't that ironic?
Anyways, I have no criminal records, nada niet, neither in the US or in my home country. I am just a regular joe.

We did use a lawyer for filing the 601 and 212 and to help prove hardship, but that person turned out to be a crook (and I am fully aware of the weight of this word), our case (if we ever had any case to start with, but i guess $$$ won over honesty) was badly presented IMHO, our lawyer obviously didn't give it much of her attention ... You know when your name is mispelled or birthdates are MM/DD/2005, or that your "package" is FedEx'ed to you the day before your consulate interview .... So we got denied, unable to prove extreme hardship.
When the lawyer asked for again more money without a second thought or even feeling sorry for us to file the appeal we decided to do it ourselves. We submitted a brief and that was it, at the time we really didn't think this appeal would work and well, we were right.

Wow this feels good to talk about it a little, it's a subject i hate to talk about though ...

I will read thru this generous ressource that is Laurel's website, thanks everyone again for your support.

Ron

hi california_luv
im sorry about ur appeal /.... can u pls tell us how long was ur appeal was there til it gor denied??
what are u gonna do next???

[california_luv]

My I601 was denied by Rome, Italy and the appeal was processed by the AAO in Washington DC. It took exactly 12 months betweenb filing the appeal and receiving the notice.

[california_luv]

Stay STrong!!

You live in Paris?
(I have family there)

Yes near Paris. I don't stand that city, too much traffic, pollution and unhappy stressed out people :innocent:

[Dorothea]

Ron, I'm so sorry to see your appeal was denied. I hope someone more knowledgable than me can come around and help you more, but what about filing a whole new package? Or a motion to reconsider with lots of new evidence...
If you don't feel that your original I-601 was very strong it would be in your greatest interest to re-work the whole thing.
Of course your wife is suffering extreme hardship, even if she has a decent job, etc, etc. She is living without her husband! Little things can add up to enough hardship to bring you back to the US if you've got no criminal history besides a deportation!
I'd suggest talking to Laurel Scott, she can be a huge help!
Good luck with everything! Stay positive :)

[california_luv]

Dorothea thanks for your message.
Yes, we will probably re-file the whole thing, we just need a bit of time off this grueling procedure, too much stress, involved. We'll probably consult with Laurel as soon as we "regroup".
Still hoping for the best.

Ron

[thernand]

Ron,
Don't give up hope. My husbands waiver was denied the first time around also. We went the MTR route and that was denied also. We used a lawyer with both of those. From there we filed a whole new waiver without using a lawyer. I put in everything I could find including the kitchen sink in that waiver and we were approved this time around. Keep after it.
Thernand

[palinurus]

Dorothea thanks for your message.
Yes, we will probably re-file the whole thing, we just need a bit of time off this grueling procedure, too much stress, involved. We'll probably consult with Laurel as soon as we "regroup".
Still hoping for the best.

Ron

The only other thing I can think of is to file a Motion to Re-Open, but i'm not sure if you can do that after an appeal denial? The motion to re-open calls for new evidence which is a chance for you to add new information to your case. The appeal was simply to argue that the reasons for your denial did not comply with the law, or with current practice which is a whole different thing.

good luck!!

P

[Pinkpig]

Yes near Paris. I don't stand that city, too much traffic, pollution and unhappy stressed out people :innocent:

Well, that makes 3 of us who cannot stand Paris...We do love some places in France but Paris is the bottom of the barrel for us.

Take a look at our lawyer's website with the link in my signature. She has tons of good information there.

I wish you well with your next step. I know that it can be done. Good Luck.

[palinurus]

Ron,
Don't give up hope. My husbands waiver was denied the first time around also. We went the MTR route and that was denied also. We used a lawyer with both of those. From there we filed a whole new waiver without using a lawyer. I put in everything I could find including the kitchen sink in that waiver and we were approved this time around. Keep after it.
Thernand

Hi Thernand,

I have been keeping your case in mind as we to through our 2nd waiver process :).

P