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  • #16
    Circuit court is. Not the Immigration court/Eoir court.
    IF INs denied the case then alien has right to appeal ( if not waived by both parties) in BIA and if BIA thinks the base of appeal is true then they remand the case back.
    IF BIA denied then alien can file for reconsider, and if still denied then ,Appeal can be filed with circuit court. All the cases IF decision goes to alien's favour then, case will be remanded back.

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    • #17
      Mohan


      This waiver can be produced in the Court Or in the ins depends upon who have the jurisdiction of your case.
      Thats the difference between two.

      Please Mohan explain...
      isn't the court the last step to every file coming fron the INS ... isn't anyone allowed
      to NTA if the INS keep denying your ASO or waivers ??
      tHANK YOU

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      • #18
        Explained above.

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        • #19
          What my question is that could you shed some light on this favour specifically? Is it an appeal written to the court or is it a form presented with hardship documents to the court?

          If it is the form. What is it called? and where can it be downloaded from?

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          • #20
            Here how it goes.;
            Lets say you are in AOS, you filed AOS package, but you broke cetrain immigration Law in the past. It can be Fake document, wrong presentation, Got voluntary departure and don't leave etc. You are allowed to Adjust your status but, The immigration offence you committed in the past, you have to get pardoned. To get this , you need a waiver. Even if your I-485 is aprovable you are not allowed to Adjust unless you get waiver. this waiver is Form I-601. Go to INS.gov . Click on form and look for I-601 download and read the instructions.
            INS and Court are two different things, Once your case is forwarded to the court For any reason. INS loses the jurisdiction over the case. Now court has to do whatever can be done.
            IF you are Adjusting under INS Then you have to file a waiver with INS. IF your case is in court then court will decide the what to do. court can send you back to INS for adjustment, Court can adjust your case, with the other facts. Court can deny the case and deport you.IF court deport you they will handed over to INS and you are gone.
            In both condition you need to produce the waiver for adjustment.

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            • #21
              SIR, may I respond to confirm that your attorney's recommendation is on target. The time it takes to appeal is quite long, could be more than two years as the immigration courts are incredibly backlogged.
              Follow the advice of your attorney. He/She is commuted and earns ever cent you may pay for , time, experience, knowledge and ability.
              GBI

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              • #22
                Ask your lawyer but I would say you need a good psychological report from a mental health professional fully documenting all the hardship to your son and any other qualifying relatives you may have. I write reports like this all the time - there is always some hardship to find because you cannot uproot people with its causing severe trauma, it's just a question of describing the trauma very well. I have a nationwide practice writing psychological reports in such cases. If your lawyer thinks a report would help you, feel free to contact me at ohilly@hotmail.com My website is www.phyllisgould.com Thank you and good luck! Phyllis Gould (P.S. I have done many reports where the person was initially denied and then won with a good report)

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                • #23
                  Sodium Hypochlorite Price

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