Quote:
Originally Posted by Phanu9000
Thank you! This is very helpful! For the longest time, I've always I thought there would be no hope for me. I've been so surprised of all the options that one has once an immediate relative has a greencard.
Thank you for sharing your experiences in the law office you worked in. In all of the experience you had, did anyone have their i-601/i-601a denied?
|
None that I know of, we did have quite a few RFEs but at that point you do two things: You give them what they want, and you can re-argue the case to add some other details, or clarify something that they're questioning by adding another statement to the pile of evidence.
At the time I quit most of these were either approved or still pending. We didn't have a single denial.
The CIMT waiver for the I-526 guy I think was pending for close to two years and I think that's really the only one that might be denied just because his offense was pretty severe (bribing a judge) and there wasn't anything too compelling with his family, wife and daughter were both healthy, these are investors so they definitely have enough money. We argued quite a lot of things:
1. His offense would've qualified under the petty offense exemption if he received a speedy trial (he spend like 200 days in jail waiting for his trial and was sentenced to time served, literally walked free out of the courtroom once he actually appeared before one)
2. Giving gifts to judges in China is basically seen as customary and the government started cracking down on it ex post facto
3. Risk to his safety and possibly safety of the entire family should they return due to anti-capitalist sentiments still present in China
4. Need for family unity - mutual emotional support, daughter in need of a father figure
5. Desirability of an additional source of income here in US
Probably some other minor points. Like this is the only waiver that I did that I have no idea about the likely outcome. USCIS would likely issue an RFE rather than an outright denial so it's likely his case just kinda sat around. Like the problem wasn't exactly the hardship itself we argued, it was what the guy did. If we had this argumentation (except point 1 for obvious reasons) for an I-601A for unlawful presence then yeah it'd definitely be approved.
All others I am pretty confident would get approved.