I-601 denied

[nanagingham 0]

I'm married to a US citizen June last year and applied for I-485. Went to interview and green card was denied because of misrepresenting material fact. I filed for I-601 and submitted my disposition of arrest (theft, 10 years ago) and a phychology evaluation of hardship of my spouse ans affadavits. I have just received a letter from USCIS that they denied my motion to reopen the case. I have a lawyer and even he doesn't understand why it was denied. The letter sounds like the officer didn't even look at the evidence we provide because it said I provide no evidence indicate extreme hardship. It also said that I fail to provide the necessary material during the interview and I thought this is the whole reason why I apply for motion to reopen.

So my questions are, can I apply for motion to motion to reopen because I feel that the decision doesn't make sense? should I go to court and see a judge instead. My lawyer advised me to re file the whole adjustment for status (I-485)

all over again and start the whole process and thinks that going to immigration court is not a good idea. PLease help....I need a second opinion desperately.

[desert_fox 32]

I'm married to a US citizen June last year and applied for I-485. Went to interview and green card was denied because of misrepresenting material fact. I filed for I-601 and submitted my disposition of arrest (theft, 10 years ago) and a phychology evaluation of hardship of my spouse ans affadavits. I have just received a letter from USCIS that they denied my motion to reopen the case. I have a lawyer and even he doesn't understand why it was denied. The letter sounds like the officer didn't even look at the evidence we provide because it said I provide no evidence indicate extreme hardship. It also said that I fail to provide the necessary material during the interview and I thought this is the whole reason why I apply for motion to reopen.

So my questions are, can I apply for motion to motion to reopen because I feel that the decision doesn't make sense? should I go to court and see a judge instead. My lawyer advised me to re file the whole adjustment for status (I-485)

all over again and start the whole process and thinks that going to immigration court is not a good idea. PLease help....I need a second opinion desperately.

if you are paying good money to a lawyer that knows immigration law, I would certainly take his advice. Tha is what you are paying him for. Just re-file...was it denied without predujice??

[Dakine 26]

I'm married to a US citizen June last year and applied for I-485. Went to interview and green card was denied because of misrepresenting material fact. I filed for I-601 and submitted my disposition of arrest (theft, 10 years ago) and a phychology evaluation of hardship of my spouse ans affadavits. I have just received a letter from USCIS that they denied my motion to reopen the case. I have a lawyer and even he doesn't understand why it was denied. The letter sounds like the officer didn't even look at the evidence we provide because it said I provide no evidence indicate extreme hardship. It also said that I fail to provide the necessary material during the interview and I thought this is the whole reason why I apply for motion to reopen.

So my questions are, can I apply for motion to motion to reopen because I feel that the decision doesn't make sense? should I go to court and see a judge instead. My lawyer advised me to re file the whole adjustment for status (I-485)

all over again and start the whole process and thinks that going to immigration court is not a good idea. PLease help....I need a second opinion desperately.

It's VERY difficult to suggest anything as all cases are different!

Only thing I'd do is to get a second opinion from another lawyer that someone had success with or knows the lawyer is GOOD!

LOTS of immigration lawyers don't have their act together as you probably well know.

[nanagingham 0]

Thanks desert fox. I don't know if the dnial is made with/without prejudice, but does sound like they didn't read all the evidence and docs that i submitted. The thing is what are the chances that I'll get approve if I start applying again or is it risky to go in front of the IJ to fight the case.

[desert_fox 32]

Thanks desert fox. I don't know if the dnial is made with/without prejudice, but does sound like they didn't read all the evidence and docs that i submitted. The thing is what are the chances that I'll get approve if I start applying again or is it risky to go in front of the IJ to fight the case.

I dont understand your post really. I dont know how waivers work, but you re-open or do you try to waiver some admissibility. Also, I thought the hardship was to the USC spouse. That is the person that has to submit the hardship letter...the hardshipe to her...they dont care about you.

Job, family, children, language barriers, medical treatment, etc. are areas of hardship.

Also, you say you were denied because of mis-representation, not for some crime you committed 10 years ago. Lying on the application makes you inadmissible, and I dont think it can be waivered.

So get a lawyer that is board certified or a second opinion.

[kitkat1 5]

You said your AOS was denied for misrepresentation (this is waivable). What did your misrepresentation consist of? Why did you provide information about an old crime (normally this would have been addressed at your consulate interview). You said it was denied because you did not provide evidence to indicate extreme hardship. So the question is, what did you provide to prove extreme hardship to your USC spouse and do you have enough evidence to prove it.

Normally when a visa or AOS is denied and a waiver is needed, you submit the waiver application and hardship letter. There should not have been any reason to have to reopen the case. However, generally when a waiver is denied there are two options - motion to reopen or appeal. If your lawyer doesn't understand how these things work, look for another one. Also suggest you read attorney Laurel Scott's 601 waiver memo and consider a consult with her, since she is extremely experienced with waivers. www.visacentral.net.

[nanagingham 0]

Thank you so much KitKat for your advice. I guess I didn't explain it well. Basically, my green card was denied because I didn't provide my disposition of arrest at the interview and since it's been 10 years i didn't think it matter because it was a small amount. Anyway, my lawyer applied for a motion to reopen and a waiver with the prove of hardship to my USC spouse and it was denied. I mean, can they deny the motion to reopen/reconsider with all the evidence provided? What should I do?

[kitkat1 5]

Thank you so much KitKat for your advice. I guess I didn't explain it well. Basically, my green card was denied because I didn't provide my disposition of arrest at the interview and since it's been 10 years i didn't think it matter because it was a small amount. Anyway, my lawyer applied for a motion to reopen and a waiver with the prove of hardship to my USC spouse and it was denied. I mean, can they deny the motion to reopen/reconsider with all the evidence provided? What should I do?

Since the forms require to provide all of that information under penalty of perjury, etc. it seems you may be dealing with both misrepresentation and criminal charges from the past that could make you ineligible (see below) - both would have to be addressed by your waiver. In some cases MTR is better than appeal - it depends on the country. Seems you're filing in the US, your lawyer would have to be smart enough to know what the best option is for you in country. Yes, as far as I know, they can deny the MTR. I would consult with attorney Laurel Scott and have her guide you and review your hardship letter.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Class of aliens ineligible to receive visas:

2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(BMultiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

[nanagingham 0]

Thank you. thank you. I'll try to talk to Laurel scott before i decide.

[nanagingham 0]

Well, i guess I just want to know if I'm doomed. Do I stand any chance to reapply or am I inadmissable forever. I thought the whole reason to motion for reopen is so that i could resubmit all the necessary evidence that i missed during the interview. How can they deny the motion to repoen and the waiver. Please help

[kitkat1 5]

Well, i guess I just want to know if I'm doomed. Do I stand any chance to reapply or am I inadmissable forever. I thought the whole reason to motion for reopen is so that i could resubmit all the necessary evidence that i missed during the interview. How can they deny the motion to repoen and the waiver. Please help

This is the normal order of events:

1) Found to have a visa ineligibility at interview

2) Told if eligible to file waiver

3) Pay waiver fee/fingerprints and submit waiver and evidence

4) Wait for result

5) If denied, MTO with new, stronger evidence or appeal

I still don't understand why you needed a motion to reopen - if you didn't know that you needed a waiver, there is no way you would have the letter and evidence at the interview. Normally they give you 30 days to submit.

Start with a consult with Laurel Scott. Something sounds not quite right here and it appears your lawyer is worthless.

[nanagingham 0]

Ok, sorry for all this confusion, but here's the order ans i hope it'll make it easier:

1) Came to US 10 years ago to attend college, graduated in 2000 got OPT for a year and didn't leave the country.

2) Got marry to a USC in June 2006

3) Applied for AOS

4) Went to interview in Nov 2006. Didn't admit of being arrested because when i was caught stealing a shirt back in 1997 (i was 20 yrs old) the judge told me that since it was my 1st time, just pay a small fine and stay out of trouble and I'll be fine. I thought that means I don't have a record and have been a honest person since that incident.

5) My AOS was denied in Feb 2007 saying MISREPRENTATION OF MATERIAL FACTS. My lawyer advice me to reapply or file for a motion to reopen and a waiver and present all the evidence, affidavits from friends and employer and even an evaluation from a psychologist to prove extreme hardship on my USC spouse. We filed for motion to reopen.

6) MTR and waiver was denied saying that i didn't provide enough evidence. The letter didn't say anything about apealing or deportation. The reason of the denial was very vague and I think it was missing a page the last sentence on the 1st page is stop at mid sentence.

Now, i don't know what to do. Can I start the whole process in reaaplying the AOS or go to federal court to fight for it. Or there's nothing i can do about it. I regreted what i did and I'm very scared. Thank you so much for taking the time to help.

[nanagingham 0]

Ok, sorry for all this confusion, but here's the order ans i hope it'll make it easier:

1) Came to US 10 years ago to attend college, graduated in 2000 got OPT for a year and didn't leave the country.

2) Got marry to a USC in June 2006

3) Applied for AOS

4) Went to interview in Nov 2006. Didn't admit of being arrested because when i was caught stealing a shirt back in 1997 (i was 20 yrs old) the judge told me that since it was my 1st time, just pay a small fine and stay out of trouble and I'll be fine. I thought that means I don't have a record and have been a honest person since that incident.

5) My AOS was denied in Feb 2007 saying MISREPRENTATION OF MATERIAL FACTS. My lawyer advice me to reapply or file for a motion to reopen and a waiver and present all the evidence, affidavits from friends and employer and even an evaluation from a psychologist to prove extreme hardship on my USC spouse. We filed for motion to reopen.

6) MTR and waiver was denied saying that i didn't provide enough evidence. The letter didn't say anything about apealing or deportation. The reason of the denial was very vague and I think it was missing a page the last sentence on the 1st page is stop at mid sentence.

Now, i don't know what to do. Can I start the whole process in reaaplying the AOS or go to federal court to fight for it. Or there's nothing i can do about it. I regreted what i did and I'm very scared. Thank you so much for taking the time to help.

I think i trust my lawyer because I always ger result back from USCIS within 3-4 months after the filing process. I just want to get a second opinions of what I can do or what I should do. I don't want to spend any more money that I've already spent because I want to make the right decision before filing again.

[kitkat1 5]

Ok, sorry for all this confusion, but here's the order ans i hope it'll make it easier:

1) Came to US 10 years ago to attend college, graduated in 2000 got OPT for a year and didn't leave the country.

2) Got marry to a USC in June 2006

3) Applied for AOS

4) Went to interview in Nov 2006. Didn't admit of being arrested because when i was caught stealing a shirt back in 1997 (i was 20 yrs old) the judge told me that since it was my 1st time, just pay a small fine and stay out of trouble and I'll be fine. I thought that means I don't have a record and have been a honest person since that incident.

5) My AOS was denied in Feb 2007 saying MISREPRENTATION OF MATERIAL FACTS. My lawyer advice me to reapply or file for a motion to reopen and a waiver and present all the evidence, affidavits from friends and employer and even an evaluation from a psychologist to prove extreme hardship on my USC spouse. We filed for motion to reopen.

6) MTR and waiver was denied saying that i didn't provide enough evidence. The letter didn't say anything about apealing or deportation. The reason of the denial was very vague and I think it was missing a page the last sentence on the 1st page is stop at mid sentence.

Now, i don't know what to do. Can I start the whole process in reaaplying the AOS or go to federal court to fight for it. Or there's nothing i can do about it. I regreted what i did and I'm very scared. Thank you so much for taking the time to help.

I think i trust my lawyer because I always ger result back from USCIS within 3-4 months after the filing process. I just want to get a second opinions of what I can do or what I should do. I don't want to spend any more money that I've already spent because I want to make the right decision before filing again.

Your lawyer is not the reason why you get results back - that's because USCIS is simply doing their job.

Your lawyer should have immediately done something regarding the initial denial in February since misrepresentation is a "waivable" ineligibility. The correct procedure is to deny the AOS, and inform you that you are eligible to file a waiver. There should not have been any need for a MTR. I don't understand the denial of the MTR - did you not provide enough evidence of hardship? If this was the case, the waiver would have been denied - not the MTR. If the denial was vague and missing a page, why didn't your lawyer contact the AOS office for clarification? Again, sounds like your lawyer doesn't know what he is doing.

I would consult with Laurel Scott - 1/2 hour is about $125 and it sounds like you desperately need the assistance of a qualified, experienced attorney.

[nanagingham 0]

Yes, we did file for MTR within 30days afer my AOS was denied back in Feb. With the MTR, i guess my lawyer submit a waiver too with new evidence. I really think we have a good amount of evidence and documents when filing. And we did prove the hardship because we got a a letter and a report from a certified psychologist. This is what I don't understand why my MTR and Waiver were denied based on lack of evidende. The letter also said that "I commited misrepresentation of material fact during the interview, therefore my MTR is denied." How is it possible? Isn't this the whole purpose to have MTR so that they will reconsider my case with the new evidence? It seems like the USCIS people didn't look at the new facts at all. I really want to bring this to federal court for consideration but my lawyer said it's a 50/50 situation. I might be granted a green card or i might be order for deportation. Is it true? Is it safer to just reapply and present all the evidence? I'm so confused