VisaJourney.com > Filing Form I-290B Appeal or Motion

Scottishwifey

Aug 16 2007, 07:02 AM

Hi Everyone, Now that I have calmed down...could anyone out there who has had a Denial of I-601 and is either in the appeal process or has had their appeal decided on please email me at: georgienightengale@hotmail.com. Please just write something in the subject line ie: Friend of VisaJourney, so I know to open it. My inquiries would include: Has anyone been given a positive appealed decision and has had their loved one immigrate? Anyone out there who is in the process and how long have you been waiting etc. If you do not have time to email me, that's fine too....any little bit of help, suggestions, etc. would be greatly appreciated. Thank you so much for listening and taking the time to reply, we truly appreciate it~! Georgie & Allan XxX

TracyTN

Aug 16 2007, 07:12 AM

I don't know all the particulars of your case and why you were denied, but it may be in your best interest to seek help from a qualified immigration attorney.

People on a message board can really only do so much for you.

Good luck to you.

kitkat1

Aug 16 2007, 08:58 AM

I agree -- definitely consult an attorney and start by reading attorney Laurel Scott's 601 memo - it includes information on appeals:
http://www.visacentral.net/I601Memo.pdf

Also go to www.immigrate2us.net and post there - many more people filing waivers/appeals there.

blueblue

Aug 17 2007, 02:31 PM

QUOTE(Scottishwifey @ Aug 16 2007, 07:02 AM)

Has anyone been given a positive appealed decision and has had their loved one immigrate? Anyone out there who is in the process and how long have you been waiting etc.

Yes, there are people who have had a positive outcome in an appeal. But, not sure what the success rate is as a percentage. Urban legend has it that they usually rubberstamp whatever the local office said, but I have seen that they do actually look at the facts of the case with greater clarity.

Appeal should be based on a mistake in application of the law, mistake of fact or abuse of discretion. That your waiver proved hardship but wasn't properly handled. You can add other information to the appeal, but would basically be clarifying or enhancing what was in the original waiver, not a whole new waiver.

The other downside is that the AAO is taking about 18 months on average to decide a 601 appeal. If your local office is faster, it is probably better to file a new 601 with better evidence and better written hardship letter.

There are a lot more people doing waivers on immigrate2us.net. Unfortunately, most of the history from years has been lost there due to a database crash. There used to be quite a bit of appeal history but it is lost now. But if you post there, you will get more input.

Scottishwifey

Aug 17 2007, 10:36 PM

QUOTE(blueblue @ Aug 17 2007, 02:31 PM)

QUOTE(Scottishwifey @ Aug 16 2007, 07:02 AM)

Has anyone been given a positive appealed decision and has had their loved one immigrate? Anyone out there who is in the process and how long have you been waiting etc.

Yes, there are people who have had a positive outcome in an appeal. But, not sure what the success rate is as a percentage. Urban legend has it that they usually rubberstamp whatever the local office said, but I have seen that they do actually look at the facts of the case with greater clarity.

Appeal should be based on a mistake in application of the law, mistake of fact or abuse of discretion. That your waiver proved hardship but wasn't properly handled. You can add other information to the appeal, but would basically be clarifying or enhancing what was in the original waiver, not a whole new waiver.

The other downside is that the AAO is taking about 18 months on average to decide a 601 appeal. If your local office is faster, it is probably better to file a new 601 with better evidence and better written hardship letter.

There are a lot more people doing waivers on immigrate2us.net. Unfortunately, most of the history from years has been lost there due to a database crash. There used to be quite a bit of appeal history but it is lost now. But if you post there, you will get more input.

OKAY, SO THIS IS HOW IGNORANT WE ARE ABOUT THESE THINGS. SO WHAT YOU ARE SAYING IS THAT I CAN FILE A WHOLE NEW I-601 WAIVER WITH THE LEVEL 2-4 ARGUMENTS THAT WE HAVE AND A NEW HARDSHIP LETTER? AND NOT TO DO THE APPEAL, WHY DO THEY SAY THAT IF YOU DO NOT APPEAL WITHIN 30 DAYS THAT THEIR DECISION IS FINAL THEN? PLEASE HELP!