Can anyone please tell me if i can re file an I130 petition for my wife.
She currently has a ten year penalty for overstaying in the U.S.A for 4 years.
She had an interview in 2007 and was denied on grounds of overstaying.
we filed a Hardship waiver but was also denied (maybe because i was an LPR) since then i have become naturalized.
We have 3 children Two American born and one British born. 5,4,2.
If someone could lead me in the right direcion and tell me what to do ?.
Do i need to refile ? and do i need an Attorney to refile the 1130 ?.
Or should i refile the 1i30 myself ? and then if my wife gets denied again should i hire an Attorney for the Waiver ?.
Please advise me as soon as possible.
Wife has been away from me for a long time and is getting very impatient. I need to do something very fast as i have three beautiful chilren.
Rico
Full Version: Penalty and re filing
VisaJourney.com > General Family Based Immigration Topics > Waivers (I-601 and I-212) and Administrative Processes (221g)
QUOTE(blackrain76 @ Mar 30 2008, 11:02 AM) 
Can anyone please tell me if i can re file an I130 petition for my wife.
She currently has a ten year penalty for overstaying in the U.S.A for 4 years.
She had an interview in 2007 and was denied on grounds of overstaying.
we filed a Hardship waiver but was also denied (maybe because i was an LPR) since then i have become naturalized.
We have 3 children Two American born and one British born. 5,4,2.
If someone could lead me in the right direcion and tell me what to do ?.
Do i need to refile ? and do i need an Attorney to refile the 1130 ?.
Or should i refile the 1i30 myself ? and then if my wife gets denied again should i hire an Attorney for the Waiver ?.
Please advise me as soon as possible.
Wife has been away from me for a long time and is getting very impatient. I need to do something very fast as i have three beautiful chilren.
Rico
She currently has a ten year penalty for overstaying in the U.S.A for 4 years.
She had an interview in 2007 and was denied on grounds of overstaying.
we filed a Hardship waiver but was also denied (maybe because i was an LPR) since then i have become naturalized.
We have 3 children Two American born and one British born. 5,4,2.
If someone could lead me in the right direcion and tell me what to do ?.
Do i need to refile ? and do i need an Attorney to refile the 1130 ?.
Or should i refile the 1i30 myself ? and then if my wife gets denied again should i hire an Attorney for the Waiver ?.
Please advise me as soon as possible.
Wife has been away from me for a long time and is getting very impatient. I need to do something very fast as i have three beautiful chilren.
Rico
You do not need to refile the I-130, you need to either appeal the I-601(Not recommended) or refile the I-601 (recommended)
I would also recommend that you hire an experienced attorney to help with the refiling since it sounds like a difficult case, since it's already been denied once. Check out the immigrate2us.net website for more information on 601's. . .it will help you with you packet whether you decide to hire an attorney or not. You can look at visacentral.net for a good attorney. . .there are many others, but this one has an inexpensive consultation fee and a lot of experience.
Good luck!
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