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Results 1 to 9 of 9

Thread: I-601 Appeal

  1. #1
    will get right to the point, I have been working on my brother-in-law's case and helping him since 3/08/02. That is the day he was picked up and deported at the Government Expense. He has been married to my "SICK" sister for 5 years.
    They did have an attorney that of course has screwed everything up it seems. He is Egyptian and she is a United States Citizen. They have a I-130 approved, I-129 approved, he had to file a I-212 in California and of course more money for another one in Cairo, Egypt and one I-601. Well it took about 2 months and they found out yesterday that the I-601 has been denied. I guess we should have figured that out, I guess Arab people are not being treated very fair right now, I have read that all the Mexican I-601's and all appeal's are getting approved and they aren't so nasy down there. She hasn't worked in 10 years, her husband is the only person that supported her, he of course overstayed about 8 years, here on a B1-B2 Visa, and then applied for Asylum and it was denied and then in between he married my sister. Now they say that she isn't sick enough, (she has a Social Security Case Pending, she is 52 years old) and he overstayed. Da!!! we know that, but of course they say that is the only thing wrong, he has no criminal record ever, he is a model husband and a good person. Has anyone heard if they are going to let anyone back with an overstay or are they just not going to be together ever again? Doesn't any of those Consular Officer's or Judge's have a heart, so they thought that by paying an attorney $ 4000.00 would cure all, well that didn't happen and here they are apart and my sister is really sruggling financially and very very sick. Also they said he didn't have a work permit and he was given two when he was awaiting his Asylum case, he has a Social Security Number and a Driver's License. He paid taxes with my sister since 1998, 1999, 2000, 2001, 2002. He even received the $ 600.00 Tax Rebate from the President of the United States. Also they said that he FLED the state of California and moved to Nevada, my folks live there and he transferred to same company in Nevada. Also they said he didn't appear in court for 2 hearings and he never received any paperwork from them, then after 136 days the attorney received something and they were already married and he said he would take care of it. Does anyone have anything good to say that could help us file this appeal and help him? We have even contacted the Senator but they can only check on your case that is it, they don't care if you are dying.

  2. #2
    will get right to the point, I have been working on my brother-in-law's case and helping him since 3/08/02. That is the day he was picked up and deported at the Government Expense. He has been married to my "SICK" sister for 5 years.
    They did have an attorney that of course has screwed everything up it seems. He is Egyptian and she is a United States Citizen. They have a I-130 approved, I-129 approved, he had to file a I-212 in California and of course more money for another one in Cairo, Egypt and one I-601. Well it took about 2 months and they found out yesterday that the I-601 has been denied. I guess we should have figured that out, I guess Arab people are not being treated very fair right now, I have read that all the Mexican I-601's and all appeal's are getting approved and they aren't so nasy down there. She hasn't worked in 10 years, her husband is the only person that supported her, he of course overstayed about 8 years, here on a B1-B2 Visa, and then applied for Asylum and it was denied and then in between he married my sister. Now they say that she isn't sick enough, (she has a Social Security Case Pending, she is 52 years old) and he overstayed. Da!!! we know that, but of course they say that is the only thing wrong, he has no criminal record ever, he is a model husband and a good person. Has anyone heard if they are going to let anyone back with an overstay or are they just not going to be together ever again? Doesn't any of those Consular Officer's or Judge's have a heart, so they thought that by paying an attorney $ 4000.00 would cure all, well that didn't happen and here they are apart and my sister is really sruggling financially and very very sick. Also they said he didn't have a work permit and he was given two when he was awaiting his Asylum case, he has a Social Security Number and a Driver's License. He paid taxes with my sister since 1998, 1999, 2000, 2001, 2002. He even received the $ 600.00 Tax Rebate from the President of the United States. Also they said that he FLED the state of California and moved to Nevada, my folks live there and he transferred to same company in Nevada. Also they said he didn't appear in court for 2 hearings and he never received any paperwork from them, then after 136 days the attorney received something and they were already married and he said he would take care of it. Does anyone have anything good to say that could help us file this appeal and help him? We have even contacted the Senator but they can only check on your case that is it, they don't care if you are dying.

  3. #3
    Hi. I am not as good with appeals, as I managed to avoid having to do one (barely!!) However, from what I know all of that information about him "fleeing CA, not appearing for court hearings etc." even if true should not matter at all in the approval or denial of an I-601, and if you have documentation that it was denied on that basis you have a very serious opportunity for appeal.

    Otherwise, you still do, but as far as I know there are two ways to go about it. First, if you think that all of your materials are in the best possible shape for showing your case then try to re-submit for the appeal (they give you 90 days to do so right?)

    Otherwise, you may want to consider re-doing the entire file and then re-submitting it.

    I recommend that you double check this info, as I have not actually been through the appeal process myself.

    However, they do care if you are dying, or at least they should? Did the hardship letter make it sounds like a matter of life and death? It is not a time to underexaggerate, but rather to overexaggerate.

    And you have to keep in mind, that they simply do not care about him for this waiver. This waiver is all about your sister... with maybe a tiny section at the end that address his good character and admissability.

    For the purposes of an appeal, I would recommend that you, if possible, do as much as possible and use a lawyer for consulation purposes. In this way you will be able to save a little bit of money (which by the way 4000.00 is relatively cheap for this type of waiver!!) and you can determine for yourself exactly how good you think the final product is.

    If you really think it was denied because he was an Arab, you might be able to argue discrimination, and win, as that is completely illegal - but of course you would have to be able to document it.

    Finally, as I recommend to everyone and anyone dealing with the I-601, take a look at www.immigrate2us.net. It has pretty accessible information on the waiver and a lot of people going through the process... plus we are all really nice people

    Hang in there and tell your sister to hang in there. The government hasn't won yet!!

  4. #4
    I reaaly wish you luck in your appeal. And I'm sure you will be able to get your visa in the long run. The question is how long it will real take.
    What was the official reason for the denial? Who wrote the Waiver, your sister or their attorney? What was the reason for him to appear in court? Was he finally charged with something?
    I am going the I-601 route as well, that's why I'm asking these questions.
    Good luck!!!!

  5. #5
    Just to reply, when INS, FBI arrived at his home, they took him to detention and he never got to see a attorney or a Judge, (that is call due process which anyone in the United States gets, he did not) he was picked up for overstaying that was it, he has never had any criminal record even his FBI fingerprints came back in 2 days perfect. They didn't even care that he had a sick wife sitting on the bed, he was gone.

  6. #6
    As Katya said, what was the reason for the denial of the waiver? Not only will this help other people going through the I-601 process, but it will also help you to decide what you nede to do.

  7. #7
    whats your email address? I may have some suggestion for you.
    Its a discussion, not a legal advise..

  8. #8
    Dear Mohan,
    Here is my e-mail address: jeafra7@aol.com, please state subject so I will open it. Also I will type what the denial states: my brother-in-law is a I-212(a)(9)(B)(ii)Unlawful presence of more than one year. Applicant seeking a waiver I-601 in order to return to the United States and reside with his United States citzen spouse.The court held in Garcia-Lopez vs INS, 923F2d 72 (7thCir.1991) that less weight is given to equities acquired after a deportation order has been entered. I assume that is because he was order to appear on Dec. 3, 1998 and then married on Dec. 17, 1998. The attorney in question said he didn't received that notice for approximately 136 days later and then it was to late to appear, also after that the attorney filled out the marriage papers and said not to worry. They stated he fled the state, no he moved to another state and transferred his job and moved with his in-laws. They state that he had "after - acquired family ties, are generally accorded less weight by the courts in considering these cases. Of course the attorney could help and state he never received a notification either but that is not going to happen. Also stating that he worked without a work permit in the United States, that is not true because he was given two work permits while he was awaiting his Asylum case to be heard or be denied, or of course appealed. (the INS took work permits out of his wallet so there is no record I guess)
    Now to review sister's claim for equities to balance her husband's violations of immigration, as required. She has submitted numerous medical papers that show she has suffered from medical conditions from at least 1992, well before her marriage to the subject. She also claims that she was solely dependant on her husband for financial support, yet supplies no documentation. These are indeed serious concerns. (sorry but we sent income tax returns for about 4 years, she is stated as a housewife, they have there bank account information, Social Security Statement of her work since she has been sick, 3 letters from her doctor and of course we do have a letter from the Senator that checked on his paper work) However, the marriage took place after the sujcet denial of his asylum appeal. More importantly, the record is clear that when faced with a deportation order, the applicant and his wife "fled" the state. (sorry, but the President of the United States sent my brother-in-law the $600.00 rebate at his new address so they knew where he was, he was not in hiding.) The applicant's equities do not outweigh his numerous violations of the immigration laws, nor do the discritionary factors pertaining to the wife's hardship outweight the seriousness of the applicant lack of respect for the law.
    My sister knew her husband for about 4 years before they even married, so that was timing, I guess wrong but he didn't receive the paper work and why did the I-130 get approved so quick and also her I-129 LIFE ACT. Why does the President wants more family ties and not separation but this doesn't seem to happen for anyone with these problems.

  9. #9
    I read all you wrote but there are many things which are not the burden of Proof of asuming. Also there are not much of the mistake BY BCIS but the aliens part.

    $600 was sent to Your brother in LAw does not mean that BCIS Know his address( not to be presumed, Unless BCIS informed systematically).
    Work permit expires when the case is denied(YES, even if EAD has valid date after the master clender hearing date).
    BCIS send the letter by certified Mail to either Attorney or alien OR both, due to that reason you attorney cannot say that he didnot received letter. He might have but he forget to inform your brother-in LAW.
    Marriage after the clender hearing date set, can be looked at different angle, to precure the GC, that what happend by reading the story above. changing residence Or moving from the state to another state ,contributed to the case and put him at flight risk.

    Above we discussed was in the past. what can be done next, thats the question.
    I need more information. Like how he entered, Did his I130 transfered to Msr, Did he was asked for waiver etc. look the email.
    Its a discussion, not a legal advise..

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