Please Need Help!! Just send Appeal forms.

[Pinkbutter]

Hi, everybody I am new here, but I've read posts and specially the HSL. This is my situation; I had my appointment in CDJ on Jan 07, since then I've been staying in Mexico with my 2 little kids, all by our selves, have no family here. Well in Dec 07 we've receivedthe denied letter, "Extremme Hardship" dilemma. I have to admitt that the HSL wasn't well done, at thatime we didn't know a lot about it, we were paying somebody(not a lawyer) to help us with the forms and all.
The hardship letter wasn't good, I know that, now we know, I've reaad all the examples, the stickys.The thing is, a lot of people say I should just make another appointment, and I've been reading it too.
I've just send the forms for the appeal, can I still make another appointment? Something else, we have no medical problems or things like that. Do you think we can still make a convincent HSL?
My case it's simple, I've entered the US in 1998 ilegally and stood for 9 years until i had to voluntary exit to CDJ for my appointment. I have no bad records, no deportations, nothing. I've been married for 6 years and we have 2 kids. It's been a year now here in Mexico and it's soo hard. I wouldnt like to stay a lot longer here. Do you recomend me to make another appointment? and is it ok to do it, because I am appealing, I don't know how that works, please help!. My husband just hired a Lawyer for the appeal, but I don't think she is that good, anyways we are going to have to pay her the money she has asked for. How much would it cost me if I make another appointment?

PLEASE ADVISE ME!! anything will help.

[gaby]

Hi well I was denial too, last september 2007 after been waiting for a year . My first appointment was on ags 2006.
there are few people here who have been denied, yes and they ask for a second appointment, so since you do not have a criminal record, you do not need to file an appeal, look at Cristy and mmartinez time line they already had a second appointment.
So but also there is Nepthy justo who was denied too, and she fiel a MTR, I am not sure about this or who it works.
Most people fax the consulate to get a new appointment
here are the numbers.
Consulate number 011526566113000

fax number 01152656 6 169027
011526566115347

officer in charge cdj/cis
American Consulate General
Ciudad Juarez
p.o. box 10545
El Paso TX 79995-0545
So if is anything I can help you with email me. So I have the example of the letter I send to them
Good luck

[Pinkbutter]

Thanks gaby, what I understand is that you "have" to appeal, otherwise you can't be able to apply for residency anymore, and that it had to be appealed before 33 days, right?if there is something else I need to know about this, feel free to tell me. The forms we send for the appeal were, the I-290B and the I-601. I am going to save the number you just gave me, but I still have more questions,......omg,:shy: Some people here are having their appointments on Jan. and Feb. the ones I saw. but yes, I have to ask what happen; some of them were denied their second appointment; why? If anyone else have anymore info. please share it with me.

I apreciate your help...:blush:

[Pinkbutter]

gaby I am sorry for your denial, I know how it feel, and it feels terrible.

Soo you already know ha, because of what I've been reading, it seems that it's better to try to make another appointment(is it hard), but I don't know how does that work. You just call and say what?(just need another appointment?) or like I said on my first post, do you think I can make a convincing HSL, because eventhought we have financial and all those problems that comes with this separation, we don't have medical problems, or our family. Soo I don't know if I can still make a good one, of course it will be a lot better than the first one, because the first one was bad, and I am embarrased for that.
Thanks a lot! :)

[gaby]

Pink butter here is the info about requesting a new consular interview .
Note that Laurel said that in order to attend your new interview, you have to drop your appeal. ok.

MO: a friend of mine have been 2 years without his wihe and kids they are in mexico,they had an i 601 waiver denial before the pilot program(very weak letter))and filed i290b and have been waiting for a year after that,would it be possible for them to call cdj-cis and make another appointment and take advantage of info pass or they are just gonna have to wait for an ansewr from aau
Laurel: They should ask for a new appointment with CDJ, but it has to be done by mail. Currently you can ask for a new CONSULAR interview by phone. When the time comes close for their new interview, if the appeal is still pending (likely), then they should withdraw the appeal so they can re-file the waiver under the PIlot Program. Don't withdraw the appeal until closer to the consular interview.

Laurel: Note: appealing an I-601 denial is rarely the best option. However, you would want to appeal if: (a) you have a legal dispute that really needs to be addressed by an appellate body, or (b) you absolutely did the best job you possibly could on the waiver the first time around, AND a newly filed waiver would just go back to the exact same CIS office, AND you think it should've been approved in the first place.

MO: also i vead their denial letter and at some parts of it says the following:"as children are not qualifying family members,possible hardships to the children are off point" is that true?
Laurel: This is one of those grey areas. Children are not qualifying relatives for prior unlawful presence or misrep (they are for criminal history), but hardship to the kids can be hardship to the qualifying relative. If my children suffer, I suffer. An example of when you just can't consider hardship to the kids: if its a child by a prior relationship and the qualifying relative really has no relationship with the child.

MO: i just got my k 3 visa and as soon as i got here sent my i 765with required documentation how long is it taking for an approval in texas
Laurel: Usually the EAD happens within a few weeks of the biometrics appointment.

mike: How long is it taking CDJ to schedule interviews?, just called 202 # today and was told "it seems your waiting for an interview to be scheduled"
Laurel: Like 3-6 months for IV or K3. They are speeding up.

ojos: is it wise to appeal a denied i-601 with a criminal past if you feel that B applies to you? or is it better to just give it time? to show rehabilitation?
Laurel: As long as you don't mind legal fees, you can sort of do both. The appeal will take 18-20 months. You can get it filed and then update it after a year and a half.

george: hello!!!!! my parents were deported in 1994 on the same month that this happend they re-entered and have been here since is there anything we can do for them to get them legal im a us citizen (son)
Laurel: Well, you get out of 9C since it was before 1997. Has anyone ever filed an I-130, I-140 or Labor Certification on their behalf in the past?

ojos: omg 3-6 months! thats really fast!
Laurel: They are supposed to be done with their backlog for the IV by summer. And the K3 is taking like 3 months or so for the interview.

ojos: Laurel, since most backlogged cases are getting answers about their waivers sooner and sooner; is Warren still telling ppl to wait atleast 12 months before inquiring about a pending i 601?
Laurel: Ooo. Good question. I would inquire after 6-7 months at this point.

Laurel: Holy Cow. No pending questions.

MO: so much time are we talking about since i sent i-765,would i have to make appointment for biometrics or are they gonna call me i am confused now
Laurel: They will send you a biometrics appointment notice shortly. They make the appointment for you.

Laurel: Guys. I'm going to ask that my clients not ask about the status of their case during the chat. Thanks.

MO: about my friens case how long is it takin to make another interview for another infopass and which number he has to call
Laurel: Following I-601 denial, you must ask for a new CONSULAR interview, not just a new appointment to file the waiver. You have to wait until a new consular interview has been scheduled before you can call to schedule a new waiver appointment. To request a new consular interview, you must mail your request. You cannot call. It should take 3-5 months for the new consular interview. That's a long time to be away from your spouse, but it beats the heck out of the 18-20 months processing time for an appeal.

ojos: ok... do you know how i can inquire? would i call 202 or 900 numbers maybe?
Laurel: Don't call those numbers. They don't know anything. Mail in an inquiry.

MO: about my friends case again he is gonna have to withdraw the appeal once he gets his new appointment?
Laurel: yea, because he can't file the new waiver if there's an appeal pending.

[Pinkbutter]

I got you gaby, I sent you an e-mail....:)
Thanks!

[gaby]

this morning I wake up like 4 in the morning and I was checking the info for both of us.
I have trouble with my email, I couldn`t access to

[Pinkbutter]

Wow 4 in the morning! great that it's workiing now, we'll be in contact ok