Deniel from Hondoras

[laguera185]

I have a customer who called me yesterday and said that she recieved a deniel letter and that they gave him a 3 year punishment. She is freaking out and thinks that there is nothing for her to do? Is this true? If not what can you recommend for her to do???? They have 2 children and she is barely making it now???? I want to help her if I can! Please advice!

[y14gemini]

Sorry to hear about the denial....What is his history? What is the 3 year punishment for? I think that that she can do a MTR (motion to reopen or reconsider). What did her HSL entail?

[laguera185]

He doesnt really have a history. He entered illegally like 7 years ago has had no leagal problems, obtained his high school diploma here in the US, I read her HSL...it was pretty close to mine execpt that she really focused alot on the financial because they have 2 kids together. If there a form she needs to fill out for that or does she just send a letter?

[y14gemini]

I think there is a form. Go to the I-601 forum and there is a member therand...she had a denial from Honduras and then did a MTR and was approved...see if you can ask her because I am unfamiliar with the steps to go about it. Tell your friend to stay positive! :)

[Cynthia]

Sorry to hear about the denial.. While the links were taken from www.uscis.gov, others may chime in with further infos.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6bf66552f2a9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=aab807b03d92b010VgnVCM10000045f3d6a1 RCRD

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=58e2b9e54cf0e010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

And the form: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=621e2c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

[y14gemini]

Sorry the I 601 Honduras forum!

[Cynthia]

Also, bear in mind of this:

Appeal or Motion must be filed within 30 calendar days (33 days if the decision was mailed in to her)

[y14gemini]

Do you know if her waiver was in country or out of country.

[laguera185]

I think it was out of country. The fee to do that appeal is like $600

[laguera185]

It is a single mother with 2 children....how is she going to pay for that fee?????

[Cynthia]

It is a single mother with 2 children....how is she going to pay for that fee?????

It was a shocker to me too when I saw the appeal/motion fee.. $585? :(

[Klame1983]

OMG... so sorry to hear about the denial. Do you know why they gave him the 3yr ban? My husband is from honduras too so I'm really curious.

[laguera185]

They did not give her a reason. They just said that they were sorry they could not approve her waiver letter and they have decided on a 3 year ban as punishment. No reason why or what she can do now...nothing

[wanaads]

OMG, so sad!! Tell her not to give up hope!!

Actually, I think thernand's MTR was not approved. I think it was lost or ??? and they refiled their I-601 at the suggestion of someone at the consulate. I could be wrong on the details, but I'm pretty sure that's how it happened. They were separated for more than two years though - so it wasn't exactly a quick resolution.

I don't get why they gave him a 3-year bar if he was in the US illegally for more than a year. Are you sure this was a denial of her I-601 and not just a confirmation of his visa denial from the first appointment?

[lgatica06]

Something is off here, there has to be a reason as to why a 3 year ban and not the standard 10 year ban. If he was in the U.S. for 7 years and they were denied just because she did not prove hardship then he would have the 10 year ban and not 3 year. 3 year ban is for illegal presence less than a year but more than 6 months and recent drug use.

[lgatica06]

edit to above

the 3 year/10 year ban is law and discretionary as to what the ajudicator decides.

[lgatica06]

should say is not discretionary, man i miss that edit button

[y14gemini]

Yes, I am sure you are right about therand. I don't know what to say other than to tell her not to give up! Is there a way that you can type the denial on here (take out the names, etc). So that we get a better understanding of the denial! Thanks!