601 waiver denied cdj from backlog

[China]

my friends dad got denied at cdj. he had first interview on aug.2006 and they just received the denied letter with an explanation why it was denied for not enough extreme hardship, in this case what could they do? should they appeal or what? they send him the appeal form or should they submit more evidence they have 33 days to submit the appeal or else it will be close"the case"any advise will help

[sdeb]

I'm sorry for your friends dad.

my husband was denied for lack of hardship evidence. I was told to request a new interview. Some one else can probably give you the email body to send and the address.

[M&M]

Soory about your friends denial...

China, there's a ton of inromation and probably an example email about requesting a new email on the Juarez forum. Look under the Laurel Scott/Infopass section and I believe it's one of the 2 stickies. Read through that.

[Laura]

China - recently, there has been discussion about what's the best path after a denial. Appeals and MTRs tend to take longer than requesting a new interview, and requesting a new interview is usually more successful. Unless they turned in a really great HSL and were denied, it's probably better for them to start emailing CDJ and asking for a new interview, and preparing a really strong HSL. They'll get to use the pilot program when they get their new interview. Members Christytorres and morena are currently going through this.

[China]

thanks for the response. I already tried emailing CDJ but the auto reply tells me to send any information to the office in El Paso so I am going to do that on Monday. I like helping others. Christytorres told me about requesting an another interview.

[Nepthys]

Read my timeline. My attorney filed a MTR claiming new evidence. As I was waiting I did start sending emails to request a second interview but I always got a auto reply from CDJ. My MTR has been approved. I had my Senators office to help with speeding it up but it just two months from my denial letter until Nov. 6th to be approved. I would have never done this on my own and I would never say that I know what is best. I was told that I should drop my MTR but thank God I didn't because I would now be sitting here waiting for a new interview.

Tell them to get to work and start getting evidence. What ever step they are going to take they will need new evidence more evidence. Get letters from everyone and anyone they can think of. I got letters from my childrens teachers, my employers past and present, coworkers, counselor, my college instructors, our family doctor talking about childrens heart murmor and on, all in all I had 20 letter. I did not have medical hardship so I used my childrens special education IEP's from school. I used possible family disease. We have diabetes, and heart disease. I used death certificates that had these causes of death. I had all these because I had done a family history book a few years ago. I turned every thing in to my attorney and he went through and put it in order and then sent a brief.

Write to Senators and Congressmen. They are more willing to help once there is a denial. Once they send a letter don't just wait call them as well. I wrote weekly letters and made weekly phone calls. I sent pictures of my my family as well. I also sent my denial letter for the to read. For your state find out all the Senators and Congressman and write to them all.

[Laura]

Hmm.. that auto reply must be frustrating. It seems that people used to get actual human responses there, but lately, yeah, all automatic replies. I hope you can help them get this turned around!

[aprilstorm]

China..I'm sorry to hear about your friend's dad's denial!!!

[christytorres]

Hey China, I am glad you asked the question, see I told you they will help out. keep us posted...

[Pinkpig]

China,

I am sorry for your Friend's Dad's denial as well.

It really depends on the facts of your Friend's Dad's case.

If he was denied for not enough hardship evidence then you can either (1) request a new appt and submit a new much stronger waiver package as Catiana did or Christy Torres and Kareninna are about to do or (2) do a motion to appeal or re-open as Nepthys has done.

If you do a motion to appeal/reopen then your case is going to be sent back to the same adjudicator who denied it the first time so unless (1) that adjudicator has made a mistake in the application of the law or (2) you have some NEW compelling evidence that you did not include in the first hardship waiver package that you are sure will convince that same adjudicator that you do have strong evidence of extreme hardship or (3) you have an elected official who is willing to take up your case and be an advocate for you or (4) your lawyer has some plan that they wll be able to convince the adjudicator that he has made a mistake and will take another look at your case and turn the denial into an appeal......then your motion to appeal/reopen will be denied in CDJ and it will then be sent on to Washington DC for it to be re-adjudicated there. This will take somewhere around 1 to 2 years......and your chances of getting an approval after all that time are not good.....

So at least for CDJ if you do not have a stong point of one or even two of the things that I mentioned earlier than your best chance of an approval the fastest way is to get a new appt in CDJ. While you are waiting for the new appt....you have time to redo your waiver package based upon all the information that is shared in this forum.

I know that several members have asked for a new appt and with the infopass to file the new waiver this is the quickest way. We do have a couple of members who have done the motion to reopen/appeal and they are still waiting where other members who have asked for a new appt are already approved through the new pilot program/infopass and their spouses are home......

I would have to do a search on this site for new appointment in the CDJ ppstings to find out how you go about getting this new appt. I know that others on here have done it and they will advise you on how to do it. My best thinking it to keep emailing the address and eventually they will reply. I would need to confirm the email address.

I know that this is a ton of information but this is what you need to consider.

If you can afford an attorney for this then Laurel Scott is definitely the person you want.

If not you can do this yourself through this site and the information here.....but you will have to do a lot of reading to make sure your hardship waiver is well documented and strong enough to get approved. Good Luck to your friend.

[China]

Thanks I will keep you'll updated on whatever they want to do.