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Our I-601 waiver in Mexico was denied because of no extreme hardship, should we appeal or make the motion?

Euless, TX |

But I read online it is better to just file a new I-601 waiver instead of appeal or motion? Thank you sir

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Filed under: Immigration Appeals
Attorney answers 3

Posted

It depends on the facts of your case. I would advise consulting with an experienced immigration attorney, who would review your previous I-601 filing and determine whether the best case strategy is appealing the decision or re-filing a new I-601.

Asker

Posted

We used a notario and all she did was include a newspaper article about violence in MExico and a couple of letters from friends and family. So I think we will be better to re-file, but How much time do we have to re-file and do we have to ask for permission first?

Posted

It will depend on the quality of the materials you originally submitted, and the strength of the potential appellate arguments.

Because the appeal process itself is so long, it is often a better idea just to refile, but this time with a better prepared waiver packet.

But you should really consult with an immigration attorney and have her review all of your materials, and the agency decision, before decideing which strategy fits your situation best.

Asker

Posted

We used a notario and all she did was include a newspaper article about violence in MExico and a couple of letters from friends and family. So I think we will be better to re-file, but How much time do we have to re-file and do we have to ask for permission first?

Posted

The reason that many people state just to re-file the I-601 is because appeals can take a very long time. But, each case is different and you can't go by a generalized opinion.

I am not sure if you used an attorney for the initial filing, but I would strongly recommend that you consult one to handle your case. This attorney will review all your documentation and immigration history and will be able to determine what your best course of action.

Asker

Posted

How much time do we have to re-file and do we have to ask for permission first?

Asker

Posted

We used a notario and all she did was include a newspaper article about violence in MExico and a couple of letters from friends and family. So I think we will be better to re-file, but How much time do we have to re-file and do we have to ask for permission first?

Marc Damien Sean Taylor

Marc Damien Sean Taylor

Posted

That is why USCIS warns people about Notarios and other lay people filing immigration papers. My suggestion is the same find an attorney immediately. They will be able to tell you what steps you need to take. Good luck.