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Thread: Need help and advice for a freind

  1. #1
    Guest
    Hi, a freind receives the decision letter from I.N.S. for Form I-601 its denied they are in the process of filing an appeal.

    A very Brief background:
    -He entered using a different name(misrepresentation) Tourist status.
    -Got married with live-in partner for more than 10 years at there country of origin been supporting them all that time financially and morally.
    -Wife pettioned him and filed I-485 and I-601
    -got 2 sons both over 21 but still very much dependant and going to school
    -Both the wife and 2 sons are citizens
    -hired an immigration attorney

    Few question here but please ad all the advice you can give thank you.

    1. Chances?
    2. How long is the decision process of each step?
    3. Please add more suggestions

  2. #2
    Guest
    Hi, a freind receives the decision letter from I.N.S. for Form I-601 its denied they are in the process of filing an appeal.

    A very Brief background:
    -He entered using a different name(misrepresentation) Tourist status.
    -Got married with live-in partner for more than 10 years at there country of origin been supporting them all that time financially and morally.
    -Wife pettioned him and filed I-485 and I-601
    -got 2 sons both over 21 but still very much dependant and going to school
    -Both the wife and 2 sons are citizens
    -hired an immigration attorney

    Few question here but please ad all the advice you can give thank you.

    1. Chances?
    2. How long is the decision process of each step?
    3. Please add more suggestions

  3. #3
    Guest
    hello hawaii,

    This waiver is usually very hard to be approved.
    you said that the sons are USC and over 21 years.
    do all of this family live in the states ?
    why was the waiver denied in the first place ???
    I think that the sons can sponsor their dad if I am not mistaken.
    how was the waiver I-601 filed ? On which basis ?
    Is a lawyer involved ???
    I am myself working on a same waiver...so may be if you give more details I will try to help.

    good luck

  4. #4
    Guest
    Yes, I seems that its an uphill battle but I believe with all my heart that there is hope.

    - Yes the family currently lives together on same house.
    - The waiver of inadmissability was denied because:
    a. Fraud or false misrepresentation(Use a different name to gain entry to US)
    b. Relatives(spouse) reasoning did not reach "extreme hardship" level.
    - Sponsor how?
    - Yes at the time of filing time only not the interview or others.
    - He also was able to aquire a workin permit during that interview. (been renewing it for 3years)

    Please give more advice thank you.

  5. #5

  6. #6
    Guest
    there is somthing which I do not understand here hawaii...
    if the kids are over 21 years old, does it mean that the dad was living in the states for more than 21 years ? are the kids born in the states or did their mom file for them ???

  7. #7
    Guest
    www, he had been here for almost 8 years(workin and supporting family).
    - he's kids and he's wife we're petitioned by there grandmother.
    - reason for the fraud is eagerness and all good intentions to be with his family. (while his family was still at their homeland he was already overseas working maybe 5-6 years away plus 4-5 years till he was able to finally join them)

    Thanks you.

  8. #8
    Guest
    There almost 5 years US citizens.

  9. #9
    Guest
    Does anyone know if congressman or other states representative can help in this matter? Please add more advice.

    Thank you.

  10. #10
    Guest
    hello Hawaii,

    Thank you for the information...
    this waiver is really hard and yr friend needs to explain the extreme hardship I mean the hardship that his usc wife will experience...the kids are old enough so I do not know if they can be of any help regarding the hardship.
    is he the only provider in his household ? hOW much does his usc wife rely on him to live I mean materially...how is her health ?they can prove the hardship emotionally too if they could get a statement from a psychitric but as they had a lawyer before i am sure he told them about all these things.
    he is been here for 8 years, in the worst cases if the waiver get denied again, yr friend can still apply for removal of cancellation after he is here for 10 years.
    I had a consultation with a lawyer once and he said that if I have a kid who is at least 21 years and is usc he can sponsor me but I do not know how true is this...
    I am just giving you some information here based on my experience as a person who is filing for the same waiver.
    how good is his lawyer ? tHIS WAIVER IS HARD FOR SURE but it is not impossible to be approved...yr friend needs to do a lot of researchs and make sure that his lawyer is really doing a good job...my waiver was denied 2 times so I fired my lawyer and I am working on a new waiver right now.
    I hope Mohan will read your message and give you some coments. He is a nice guy very knowledgeable about the immigration and waivers.
    there were also a lot of discussions about this waiver on this board..try to look back in November 2002 on this board.
    Good luck

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