Need help and advice for a freind

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

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

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

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.

we will help:

http://members.lycos.co.uk/usimmigration

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 ???

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.

There almost 5 years US citizens.

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

Thank you.

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

Hey www,

They are just getting those advice from there current lawyer the former lawyer just helped with the filing i believe. Do add more if you can think of others all suggestions is very much appreciated.

About the lawyer he's been recommended by 2 persons they talked to (another lawyer and a local immigrition guy i think, not sure about hes profession) They said he seems competent enuff in the field. (fee was like $2500 + $195 for that appeal stage)

You mentioned yours was denied twice, How long was did their response take(months? years?)on each one? Please tell me more about it.

Thanks alot for your response, if any new news comes up please do keep me inform. And I will keep you posted also on the developments, maybe we can help each other in along way.

Thank you.

Hi. I rarely drop by this board any more - there is so much junk on it. Anyway, I answered your question at least partially at:

http://members.lycos.co.uk/usimmigration

I hope you find it helpful!

Hello Hawaii,

well when my waivers were denied it use to take like 6 months before you get a reply from the INS. now they are a lot of changes in the immigration so I do not know how much it takes...
yr friend has to work closely with his lawyer and think of everything that should be considered as hardship extreme hardship to his wife. Did they Have a statement from a psychitrist ? IT helps to show the emotional hardship.
Could his wife go back with him ? IF no he should say why...
try to look to some old posts on this board..go back to november I think and you will find a lot of useful infomation.
good luck and do not loose hope..miracles happen...

The waiver is to filed at the point in time when an immigration officer asks for it -- you just do go right from the beginning and file an I-601 together with an I-485.

An American wife can sponsor her husband even if he had entered the country illegally (via Mexico or Canada for instance.)

To www,
I'm starting to read about mohans post quite alot of information but will not stop until I have done all I could to help. How would they present themselves to the psychiatrist?( what questions to ask,how to ask for her statement) I ask this because some doctors dont want to get involve and stuff.

Thanks


To why waiver,
Sir/maam can you please elaborate or point me to right links.

Thanks