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Filed: K-1 Visa Country: Mexico
Timeline
Posted

Does anyone have any experience with appeals or re-opening a case once an incorrect immigration decision has been made? Do you have to have a lawyer, and if so, who would be recommended?
My husband's case (he is from Mexico) is a little complicated. He entered the country without inspection and left voluntarily. He had attempted to enter the U.S. without papers once before and was detained, photographed, etc.
We started to file for the I-129F visa back in 2009. It was approved but the visa was denied because of illegal presence (the asked about his previous attempted entry but didn't seem to think it was a big deal - we thought that it was a throw back because of this). We were given the chance to file a I-601 waiver of hardship. During this time we became discouraged and tired of waiting and got married. A few weeks later our waiver was approved but we couldn't use the visa since we were now in a different classification as a married couple. We saved up more money and filed for the I-130. That was approved and he went to his interview in June of last year. At that interview the consular officer said that he had a permanent bar against him for claiming to be a U.S. citizen and using a U.S. passport to try and enter (this is false info. since he didn't ever say that and had never seen a U.S. passport until he saw mine - he had used a green card). We were told that there was no waiver and that our case was closed.
We filed a FOIA request with CBP to see what is actually in his file and to appeal this motion to get the correct punishment for false representation (for using a green card that wasn't his) and to remove the permanent ban.
We still haven't received the FOIA (still waiting) but we need to know what to do with the info once we get it. We shouldn't have been given the option of a waiver - and it shouldn't have been approved if he really had a lifetime ban.
Any good lawyers or ideas of what to do next?
Any and all ideas would be very helpful. :)

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

Lizz Cannon is pretty well known with waivers and ineligibilities her no. is 617-806-6450, google her also, her website says first consult is free. also at the immigrate2us page there is a list of attorneys that do waivers, bans, appeals, etc. good luck.




 


 

Posted

An officer gave an incorrect decision about my case and gave me a life time ban and I have contacted many lawyers for along time and they did not even know about my denial code. Then by chance I found lawyer Kenneth White and he got the decision changed so I highly recommend him. Here is his contact details:

Kenneth White

White& Associates

www.bridgewest.com

Email: white@bridgewest.com

Tel: 818-730-3540

I hope this helps.

Elif

Filed: K-1 Visa Country: Wales
Timeline
Posted

They could have got the files mixed up, has been known.

So he is certain that the first entry was a throwback?

Definitely need a Lawyer, not DIY.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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