I-601 denied

[Boiler 43,476]

Go back and re-read kitcat's posts, you do not seem to understand the process.

I can not work out if your lawyer knows what they are doing, if you are going to follow through on a second opinion make sue you understand what has happened and why.

[kitkat1 5]

Again, an MTR is not necessary in order to submit a waiver - it doesn't sound like there was any reason for it in the first place since you should have been told you were eligible to file a waiver. Personally I would not trust your lawyer's advice on this - going to federal court - or anything. He should have dealt with this the moment your AOS was denied and you were not told to submit a waiver. There is no good reason to have to go to federal court when under the law, you were eligible to file a waiver. If I were in your shoes, I would consult someone else - I can't imagine staying with such an inept lawyer.

Edited June 18, 2007 by kitkat1

[john_and_marlene 162]

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

It appears to me that they are taking a hard line on the misrepresentation and it does narrow your chances considerably.

I see 3 possible courses of action -- each has issues.

1. Pursue the matter before an immigration judge. If you lose, you will be immediately deported.

2. Resubmit a new AOS application. You will have both the original arrest and now the misrepresentation to overcome. If denied again, you are still subject to deportation.

3. Start planning a transition to life outside the U.S.

[nanagingham 0]

Thank you all so much for the inputs. i guess I'll consult with a few other lawyers before i make any decison.

[nanagingham 0]

Please if you're not willing to help, don't. Yes, i don't really understand all these and I have a lawyer and I trust him, but i just need a second opinions like everyone else as other people have different experiences and opinions or solutuons which I'll bring it up to my lawyer.. 2 heads is better than one. And please don't judge me and lecture me on what I should do. I'm here to seek advice and opinions.

[kitkat1 5]

Please if you're not willing to help, don't. Yes, i don't really understand all these and I have a lawyer and I trust him, but i just need a second opinions like everyone else as other people have different experiences and opinions or solutuons which I'll bring it up to my lawyer.. 2 heads is better than one. And please don't judge me and lecture me on what I should do. I'm here to seek advice and opinions.

nanagingham, don't be offended. Everyone IS trying to help. But the order of events in your case is somewhat backwards and confusing. Based on what you have written, it really appears that your lawyer has not acted accordingly (because an MTR is not necessary to file a waiver and it makes no sense to try to fight this in court).

Best of luck.