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My husband was denied an I-601A by USCIS 2/32014. Their response was we were allowed no appeal. Many reasons.

Fairfax, VA |

Illegal alien born in El Salvador, entered US in 12/2002. I am a US citizen, married to him for almost 8 years. Medical hardship main issue. Need to do something. time is of essence I am guessing

Attorney Answers 5

Posted

Unfortunately you cannot appeal the denial of a I-601A provisional waiver. You should consult with an immigration attorney to consider the options available to you and your family.

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While you can not appeal the denial of an I-601A waiver, you can re-file a new petition, presenting any new evidence and particularly any evidence that was found deficient in your first denial. Consult an experienced immigration attorney to assist you with the new filing.

This answer is for informational purposes and does not take the place of a consultation with an experienced immigration attorney. This answer does not create an attorney-client relationship.

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To properly advise you an attorney will need to see a copy of what was submitted and the response from the government. Even though you cannot appeal you do have the right to re-file or if the government made an error there may be an option for a motion to reopen or motion to reconsider.

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You cannot appeal but you may be able to re-file. You should really have an immigration attorney take a look at all of this and analyze if and how to re-file. Good luck.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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Posted

While you cannot appeal he denial of a Provisional Waiver application (I-601A), the denial is without prejudice to filing a new application. Consult with an experienced immigration attorney who can review the denial and determine the best way for you and your husband to proceed.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.

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