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I FILED A I-601 AND I-212, WHICH I RECIEVED A LETTER YESTERDAY THAT THEY WERE DENIED.

Warrenton, VA |

IF I WANT TO RE-FILE INSTEAD OF APPEAL, DO I HAVE TO RE-FILE BOTH THE I-601 AND THE I-212?

is it better to re-file both I-601 & I-212 rahter than appeal? I do not understand whether I should file an appeal, a motion or re-file the waiver's together? What is the difference between an appeal and a motion and how do I know which one to file?

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Attorney answers 4

Best Answer
Posted

Yes, you'll need to refile both forms.

This general advice does not create an attorney-client relationship.

Asker

Posted

is it better to re-file than appeal? I do not understand whether I should file an appeal, a motion or re-file all together. what is the difference between an appeal and a motion and how do I know which one to file?

Tracie Lynn Klinke

Tracie Lynn Klinke

Posted

Right now, an appeal is taking over 20 months to decide. Refiling should take a fraction of that amount. I wouldn't recommend a motion with waiver cases because it's hard to argue a clear legal or service error when you have discretionary factors at play. It would really be worth it to talk with an experienced attorney to help you strategize your plan.

Asker

Posted

Thank you so much for taking your time to respond to me. So you are saying that an appeal or motion is me arguing legal factors?

Asker

Posted

they denied me stating that "After all the evidence you have presented, USCIS acknowleges that denial of your addmission to the US would have an adverse effect on your family. Having weighed all the evidence, however, USCIS finds that this adverse effect is no greater than one would expect from a prolonged absence of a loved one due to inadmissibility and thus does not rise to the level of extreme hardship."

Asker

Posted

I spoke with attorney's before who said my case was hopeless becasue of lack of extreme hardships but is there a website or any law offices that would help with JUST putting together the 1-212&i-601 packet?

Tracie Lynn Klinke

Tracie Lynn Klinke

Posted

It's too complex to get into here in AVVO, but take your denial letter to an attorney and together you can decide what the best plan is for you. All things being equal, however, refiling the forms will likely get you a faster response than an appeal.

Asker

Posted

ok thank you so much! sorry :/ i figured it was a little too much to ask of on an internet forum and without paying for the advice. Thanks so much!

Tracie Lynn Klinke

Tracie Lynn Klinke

Posted

No worries! Best of luck!

Posted

Of course. Only one approved would not obtain the desired result.

Asker

Posted

is it better to re-file than appeal? I do not understand whether I should file an appeal, a motion or re-file all together. what is the difference between an appeal and a motion and how do I know which one to file?

Posted

Yes, you need two waivers.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

Thank you for your help. Is there anyhitng that can help me put together my waiver packet without having to hire an attorney to handle my entire case? For example, I pay to retain them for the help with the waiver packet only?

Carl Michael Shusterman

Carl Michael Shusterman

Posted

Yes, you can retain an attorney to prepare your waiver application only if you wish.

Posted

Consult with an experienced attorney. It is almost always better to re-file, so as to do a more thorough job documenting the hardship than in the applications which were denied.

This general information does not establish any attorney-client relationship. There may well be factors not mentioned in the question which could and should be addressed in an attorney consultation.

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