Legal Question in Immigration Law in Florida

immigration

my husband had his interview in cuidad juarez 10/08. he was penalized for 10 years. he had his i601 waiver packet was refused. the official told him it was up to his descreption weather he wanted to accept it and he did not want to. we have a child together, own a home together and now i am going through a very financial hardhip not having my husband hre with me. is it legal for the official to refuse the i601 packet and can i appeal this. is has been known that the united states preserves that families be keep united and not split.


Asked on 2/03/09, 3:32 pm

1 Answer from Attorneys
David Nachman Nachman & Associates, P.C.

Re: immigration

There may be a few ways to proceed here. The determination on the I-601 should be made by the CIS. Was the adverse determination made by a CIS Officer or by a Department of State Officer? We are aware that Ciudad Juarez has a special process in place to manage these waiver applications. If the determination was by a Department of State "DOS") Officer then you can ask that the CIS review the case. If it was a DOS Officer then you may want to consider consider seeking an Advisory Opinion on the case. Either way however an analysis should be made about the quality of the substantive proofs in the case to prove "extreme and unusual hardship to a U.S. Citizen spouse or child". So, there is both a "procedural" and a "substantive" issue lurking here.

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Answered on 2/05/09, 10:16 am


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