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#7
01-25-2019, 03:12 PM
Senior Member
Joined in Jan 2007
104 posts
Phanu9000
Quote:
Originally Posted by Demise View Post
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.
It' nice to be able to talk to someone who had first hand experience with working in a law firm. I'm deciding between two lawyers (the free one that my employer provides) or my personal attorney I've been speaking with (who would charge about $6000 but who I know is very good). Do you think the quality of an attorney matters? I've helped my family before with immigration filings before. For example, I did my sister's i-751 and helped her gather the evidence. I also helped my parent's RFEs when they filed for a greencard. And I already have many ideas on what evidence I can gather for this case. So I was just wondering if getting a lawyer who may not have as much experience filing an i-601a can be detrimental? Or does it not matter who I choose.
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