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I-601 Denied...want to appeal

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  • #31
    Yes Faith. waiver I-601 is really hard to get approved but do not loose hope ..just work hard on it..do some research and keep asking questions...and if you go back and read some of the previous post you will learn a lot regarding this waiver...
    my lawyer asked $ 6000 for my case...but if you get a lawyer don't rely on him a 100% but get really involved....
    good luck

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    • #32
      see...i like to research thats how i got to this board....it's sad, because here i am trying to work this out so that my hubbie and i can be together but i know people who just marry to get papers done..it's frustrating.....thanks i am just hoping this will go through....

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      • #33
        You have to work towards waiver.

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        • #34
          read your email you are going to lyao...lol

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          • #35
            you are good to go if you do what I suggest. Good luck..

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            • #36
              Thanks Mohan...I'll submit everything tomorrow...wish me kuck everyone

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              • #37
                Hey...Mohan..we went and submit everything today...so wish us luck...Good luck to everyone else.....

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                • #38
                  Actually Mohan, I have too many student loans to even begin to pay 10,000 which is what the lawyer was asking. My parents and I decided to file the paperwork pro se (without an attorney) However, we did retain an attorney for her advice. She was with us every step of the wya and we have spent 1000-2000 dollars on her, but she has been invaluable. My parents alone put in over 60 hours each on the case plus the work that my husband and I did (i.e. all of the forms, etc.)

                  It was a huge task and my parents final verdict is that 10,000 is cheap for a well put together case... but that doesn't mean you can't do it alone... it just means you need to be ready to work.

                  I personally would recommend a lawyer if it is a possibility at all, and I would recommend a good lawyer. However, I think our final case was better than anything that any lawyer could have put together for us.

                  I would be happy to share my experiences and try to help anyone out that would like help.

                  However, as we haven't actually submitted our final product yet due to the fingerprinting process that we have to go through, I would really like to know some of the reasons that I-601 have been denied in the past so that I can double check and make sure we have covered all of our bases and thought of everything.

                  Anyway, good luck to all.

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                  • #39
                    and of course if there are any actual success stories that have emerged since the last time I checked....

                    and good luck faith!

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                    • #40
                      one last question (I know I know... I just won't go away...)

                      Faith, how long did it take before you heard that your case was denied? 6 months? 9 months? a year? two years?

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                      • #41
                        Spouse, good to hear from you again...I read your
                        other post regarding your fingerprints and all the rest...just keep being patient one little more and everything will be alright
                        Usually the waiver I-601 got denied because not enough hardship proven as per INS. Mine was denied 3 times for the same old reason not enough hardship...I will be submitting a new one anytime...
                        god luck and keep up the fight

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                        • #42
                          I am just so scared that what we have presented will be read as not enough hardship - I don't know how to document the borderline insanity that I feel everyday and the complete stress of having to decide between my life and my husband... because no matter what they think, it is extreme hardship that I am experiencing.

                          I wish there were clear guidelines about what is considered hardship vs. extreme hardship, so I would at least know for sure whether applying for residency in Canada would be in my best interest.



                          Oh well thanks for the support and best of luck to you!

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                          • #43
                            I will write to generic reasons for dinal of waiver in my next reply.GTG.

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                            • #44
                              i just can not understand an thing.
                              If he is your husband and has baby with you what INS ask more?
                              This is not enough for hardship?

                              You said he was overstayed but he was granted voluntary departure.
                              How they (ins) found him?
                              Many people come to US and overstay their visas and nothing s happen to them

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                              • #45
                                main reasons for denial of this waiver is;

                                1) Waiver is not written professionally, lot of lawyers they just fill the forms and write a generic supplement of brief which is not enough to pardon the INS offence.
                                2) there is not enough supporting evidence, what the alien claim of extreme hardship.
                                3) There are negative impect of the statement written on the waiver, which always have negative impect. After concluding the waiver INS just send the letter saying that alien prove hardship but its not qualify for extreme hardship.
                                4) Alien has to prove hardship to USC/LPR. but sometimes mentioning aliens own situations leads to denial.
                                5) prior record in United states (alien's stay in the US) and aliens direct or indirect support to the aliens also counted towards waiver. Example; if the alien was never worked while in US or didnot support his spouse/childern ( called knowlegde gained) in any way ,leads to hardship but not extreme hardship.
                                6) Sometimes AOS is not approvable and Alien is ineligible for waiver but alien still file for waiver.

                                These are the main points for waiver which can conver the extreme hardship to only hardship.

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