NYC Criminal Defense & Immigration Attorneys
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What Can I Do If My I-601A Waiver Application is Denied?

What Can I Do If My I-601A Waiver Application is Denied?

At Musa-Obregón we file provisional waivers of inadmissibility for our clients almost daily with proven success rates. The three most common reasons we file for waivers include the following situations:

  • Issues with criminal records.

  • Misrepresentations to the U.S. government in previous immigration applications.

  • The person has previously committed immigration violations.

Many times we receive clients who have previously filed applications for a 601A waiver with other attorneys or notarios and were later denied. A granting of a waiver is never guaranteed since it is at the discretion of the USCIS official whom shall overview the case. Therefore, it’s important to present a strong reasons as to why the person should be granted a waiver.

The top common five reasons I-601A Waivers are denied include

  • Unprepared or poorly written statements of the applicant and their family.

  • Insufficient supporting evidence of the hardship discussed in the statement.

  • Applicant fails to continue their medical history even after submitting their application.

  • Missing legal arguments that highlight you and your case.

  • Inexperienced legal advice from attorneys or notarios.

The I-601A is an important legal tool that helps families stay together during a Permanent Residency application process. However, if your case fails to include the sufficient paperwork it will most likely be denied. What should you do if this happens to you? There are a couple of options we can help you with:

File an I-290B appeal

The first option is to file an appeal by sending an I-290B Notice of Appeal or Motion. If you think the USCIS officer has made a mistake upon the evidence included in your case, we will help you fill out a Notice of Appeal. Your case will then be sent to the Administrative Appeals Office (AAO) where it’ll be further reviewed by a specialized team.

In the appeal we help you address the mistaken reasons of why your case was denied by preparing a legal statement explaining why we think they were erroneous. We reiterate the importance of using the help of an experienced attorney when filing an appeal because you generally must file within 30 days from the date of the denial, so you will have act quickly.

Refile the case with new evidence

A second option is to refile the case including new evidence that has appeared. For example, if your spouse is a United States citizen and you have a new United States citizen child with your spouse. Specially, for instance, if you are the mother in the family or if the child has a special need that requires your presence in the United States. The entire case can be re-filed including the evidence of the newly born child and base it on the hardship that your absence would create in the their life.

Every case is unique, so it would require a detailed reviewing of the reasons for your denial. Ultimately, it is up to an experienced attorney to evaluate the evidence in your case. We definitely recommend discussing any new situations that have surfaced since your case was denied with us. We’ll do our best yo help you find a strategy that can help you maintain your family together and continue your path to Permanent Residency!

Please remember, if you need assistance with an immigration or criminal case, please do not hesitate to reach out to our team. We welcome you to schedule a free initial consultation by calling 888.502.8461 or contacting us online.


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