601 denials/appeal

[mogsy]

I haven't seen much on appeals posted yet. I know there were a few approved appeals when we started with this process (11/04) Does anyone remember names? I want to get assistance from fl senator again. (had his help trying to get interview date) Should I sent him copies of what I send with the appeal? I can only use my Mothers declining health. waiting on letters from the states to arrive.

[Pinkpig]

This is from Laurel Scott's memo. Have you read it yet?


http://www.visacentral.net/I601Memo.pdf

Can denials to Applications for Waiver of Grounds of Inadmissibility be appealed?
An appeal following an administrative denial to an Application for Waiver of Grounds of Inadmissibility must be made to the Administrative Appeals Office (AAO). It must be filed within 30 days of the date of the denial. Note that it is possible to fee-in-amend-alter with the appeal. In such a case it is necessary to submit the I-290B and filing fee within 30 days of the denial (33 if mailed), but on the form there’s a box that can be checked indicating that the representing attorney will send the brief directly to the Administrative Appeals Office within 30 days. As the waiver decision is discretionary, it is very difficult to win an appeal. AAO does not like to overturn the discretionary decision on I-601 waivers. AAO discourages new arguments being presented on appeal that were not in the original I-601 packet, but new or ‘updated’ evidence is generally acceptable.
Once an appeal is filed, and forwarded to the AAO in Washington, DC, it is out of the hands of the CIS office that denied the case. The OIC does not have more access to information about the appeal than the attorney. Direct inquiries to the AAO, not the office that denied the case.
Due to the lengthy processing time for appeals (can be 18 months or more) and low chance of success, consider refilling a de novo I-601 packet instead, especially if the
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client attempted the first I-601 pro se and it is clear that a better packet can be compiled. The law is unclear on whether it is possible to file a de novo I-601 based on the same immigrant visa or K visa case. Some consulates will allow simply re-filing, but most will require starting over with a new visa petition. Most of the consulates within the jurisdictional area of the Vienna USCIS office will allow a re-filing of the I-601 without a new petition. Always inquire to be sure. Even starting over with a new immigrant visa petition may get a decision faster than an appeal. Also, having to start over with a new visa petition allows time to put together a better waiver packet. The process will allow for several months, rather than the 30-60 days given for preparing an appeal.
For an in-country I-601 denial, the appeal will probably not stop the client from being placed into proceedings as the I-485 would also be denied. There is nothing to lose by attempting to get Deferred Action following the I-601 denial. Other tactics for how to handle immigration proceedings following I-601 denial are beyond the scope of this advisory.
The I-290B is normally filed with the consulate, but in a few parts of the world it is filed with the CIS office. Be sure to review the instructions on the denial notice.
Any Motion to Reconsider will be automatically converted into an appeal if the CIS office denies the Motion. Normally no notice of the decision on the Motion to Reconsider is given if it is denied. It is only possible to know it has been converted into an appeal by making inquiries. Consider carefully filing a Motion to Reconsider before the OIC if claiming Abuse of Discretion before the AAO. It’s hard to fashion an Abuse of Discretion argument that is not a bit insulting to the OIC who made the decision. This person is going to read the Motion and may remember Counsel’s name the next time one of Counsel’s waivers crosses his/her desk.
If you think you may be able to win a Motion to Reconsider with new evidence, you must explain why the new evidence was not submitted in the first place. OICs will not entertain a de novo I-601 filed as an MTR. Even if you have a good reason for not submitting the new evidence prior to the denial, the new evidence should still be limited. The more it looks like a de novo I-601, the less likely the OIC will be to vacate his original decision.

[mogsy]

I have, and that's whats scary...

[Cynthia]

Member Ginger is one. Trying to recall other names...

[Cynthia]

Taken from the I-601 Spreadsheet list -> Appeals with Approval

BillChris--> Lima, Peru
Momof2--> Manila
VAMIR-->Rome, Morocco

[billchris]

Hello mogsy!!!
My appeal got approved a year after my denial. I did not use the assistance of my senator. We used our senator at the begining to expedite our case, due to my baby health condition, but after that we did not use her.
We got our lawyer working all this time, by the way we changed lawyers too.
What are your questions? maybe I can help you, do not know.
God Bless you

[Shrek]

In my case, the waiver was not denied, it was returned without action because Lima decided she wasn't eligible for a waiver even though Rio said she was. Lima said no waiver was availale due to 9C. The consulate in Rio is under the Department of State, the office in Lima is CIS. So we have two branches of the government who have different interpretaions of the law.

She had an overstay of over a year, returned to Brazil, came back to the US, was admitted at POE, visa stamped admitted. We applied for an extension of stay and it was granted. She left before it expired. When she attempted to re-enter again, she was turned away and went home. So Lima is considering her second admission to be unlawfully present even though she entered with inspection and was granted an extension. So they invoked 9C, saying she was unlawfully present after a prior violation and no waiver is available. It appears that it is an interpretation of law. Anyone here ever heard of this one? No action taken, can it be appealed?

[mogsy]

Thank you Cynthia for your help.
Billchris. How did you get so much work out of your lawyer? and charged them? Thanks for your answer. it gives hope to appeals. Now I'm trying to decide if I sould appeal or re send 601.
Hello mogsy!!!
My appeal got approved a year after my denial. I did not use the assistance of my senator. We used our senator at the begining to expedite our case, due to my baby health condition, but after that we did not use her.
We got our lawyer working all this time, by the way we changed lawyers too.
What are your questions? maybe I can help you, do not know.
God Bless you

[billchris]

Hello Mogsy!!!
I changed my lawyer after my waiver was denied and the appeal was sent. My lawyer did not send any documents regarding our hardships, meaning a brief or something written by his office. My waiver packaged contained only my husband hardship letter, and my letter.
If you are planning to appeal, I think you should consider the hardships you stated in your waiver and make sure that your denial did not have support. If you have any new harship such health contidition of your parents, kids or spouse you should consider including it in your appeal. As I know, once you send the appeal the AAO office can take it as a Motion to Re-open or a Motion to reconsider.
God bless you

[crzyinluv]

WEl its been awhile since I have been on, I was told that we would have an answer by the month of May this year, well when it came time, it got changed now it Nov 29th of this year, its sitting in appeals AAO. I am pretty sure i could of got the waiver but due to my lack of knowledge and the lady in the embassy in buenos aires telling me that my hardship letter was ok (it was wrote on the back of another paper 1 sheet!) she said she knew the guy in peru and it would be ok, I will never believe another person again. Well so far we still sit, 3 years later..........

[Shrek]

Just out of curiosity, why did you appeal rather than re-filing the waiver? The appeal process was taking around 18 months, resubmitting a new waiver package would be much less than that.

[Elpea]

she said she knew the guy in peru and it would be ok, I will never believe another person again. Well so far we still sit, 3 years later..........
Lady in Brazil said the same thing to me, and we also have our hardship letter on 1 page. Either the letter really has little to do with it and they denied you for some other reason or the embassy staff is misinformed.

[Shrek]

Lady in Brazil said the same thing to me, and we also have our hardship letter on 1 page. Either the letter really has little to do with it and they denied you for some other reason or the embassy staff is misinformed.

The embassy staff is misinformed or doesn't really care. The letter is important, but more important is the supporting evidence to go along with the letter. The shortest letter that I recall being submitted and approved on this site is 3 pages, and it was with very strong hardships which were documented. One page probably isn't enough to effectively explain or argue your case. But again, the supporting evidence weighs heavily on your chances of sucess.

[Elpea]

The embassy staff is misinformed or doesn't really care.
It was the ambassador though, as far as I'm aware. Our letter was drafted with the help of a family member who went through the same process and was approved. Hopefully I'll be the first to show a 1-page letter approval? :p

[ARodrigues]

Elpea, Have you considered sending more info and evidence in now?

[christytorres]

I filed an appeal back in Nov. 2006. That's before they changed it, you were not able to get a new appt. So I requested a new appt. Sept. 2007, and got it. Dec 2007 and wavier appt. Jan 08. I had to at the time withdraw my appeal, and I did right before we left to CDJ..would you know it, 2 weeks after being Approved. I got my notice to say that my appeal had been withdraw..its a process. hope it helps..

[ARodrigues]

I didn't even know you could refile through Lima..

[Shrek]

It was the ambassador though, as far as I'm aware. Our letter was drafted with the help of a family member who went through the same process and was approved. Hopefully I'll be the first to show a 1-page letter approval? :p

If you filed in Brazil, you went thru Rio, which is a consulate, no ambassador. The ambassador is at the embassy in Brasilia. You were dealing with the Immigrant Visa unit in Rio.

How strong are your hardships? Did you submit the evidence to support them? This is the key to approval.

[Pinkpig]

If you filed in Brazil, you went thru Rio, which is a consulate, no ambassador. The ambassador is at the embassy in Brasilia. You were dealing with the Immigrant Visa unit in Rio.

How strong are your hardships? Did you submit the evidence to support them? This is the key to approval.

Hi Shrek,

Shrek knows what he is talking about. You will need a strong waiver package with documentation to get an approval in Lima. He has been through it there.

[Elpea]

How strong are your hardships? Did you submit the evidence to support them? This is the key to approval.
Ah okay, I guess we were misinformed about that.

The process is through my step dad who married my mother 4 years ago and applied 2 years ago. He can't leave the country (because of child support to his ex-wife/children) so he wouldn't be able to come here and live with us, therefore requiring us to move there.

I don't think he stated that on his letter, hopefully they'll have that information anyway?

Thanks for the help =].

Elpea, Have you considered sending more info and evidence in now?
I'll certainly be doing that now.

[Pinkpig]

Ah okay, I guess we were misinformed about that.

The process is through my step dad who married my mother 4 years ago and applied 2 years ago. He can't leave the country (because of child support to his ex-wife/children) so he wouldn't be able to come here and live with us, therefore requiring us to move there.

I don't think he stated that on his letter, hopefully they'll have that information anyway?

Thanks for the help =].


I'll certainly be doing that now.

Take a look at the stickies of approved waivers to get some good ideas of how it needs to be done. Good Luck!

[Shrek]

Ah okay, I guess we were misinformed about that.

The process is through my step dad who married my mother 4 years ago and applied 2 years ago. He can't leave the country (because of child support to his ex-wife/children) so he wouldn't be able to come here and live with us, therefore requiring us to move there.

I don't think he stated that on his letter, hopefully they'll have that information anyway?

Thanks for the help =].


I'll certainly be doing that now.

The child support is good argument but it needs to be well documented. It probably isn't enough on its own. Pinkpig gives excellent advice, follow the info she has given and start reading. There are many excellent examples of hardship letters posted here. It takes a lot of time and effort to put a good wavier package together, many many hours of research and writing. I myself have spent hundreds of hours reading, researching and learning. It took 30 months and a small fortune, but my Princess is here and we married at last. :cheerful::cheerful:

Out of curiousity, what was written in your step father's hardship letter?
Edit:
Hi Shrek,

Shrek knows what he is talking about. You will need a strong waiver package with documentation to get an approval in Lima. He has been through it there.


Hi Pinkpig. I am doing well. We are married now and just filed for AOS. The journey continues......My Princess has a social security card and a drivers license and we await employment authorization, positive progress for sure! She is planning on taking a few English courses in the fall and hopefully work toward a career as an interpretor or translator of some type.

[crzyinluv]

I didnt refile becuase I was just trying to do the best thing, I thought at the time, I rewrote a hardship letter, its now taking 24 months for appeals, I was suppose to know by may, when the girl from the senators office called thats what they told her and so now i must wait till november. That was stated on the waiver of why we didnt get approved because of the hardship letter. Instead of scribbled on the back of a paper its now 4 or 5 pages long, typed. I hope it works, I guess we will see..... Its very depressing

[Shrek]

I hope you get a positive result soon. Try and hang in there, I know it's not easy.

[adeildo]

I didnt refile becuase I was just trying to do the best thing, I thought at the time, I rewrote a hardship letter, its now taking 24 months for appeals, I was suppose to know by may, when the girl from the senators office called thats what they told her and so now i must wait till november. That was stated on the waiver of why we didnt get approved because of the hardship letter. Instead of scribbled on the back of a paper its now 4 or 5 pages long, typed. I hope it works, I guess we will see..... Its very depressing* I'm sorry to hear about your denied,best of luck on your appeal!