Is there hope after a denial? Part 2

IN a previous article, I discussed some situations where there could still be hope (or a chance) even if the case was denied.  Here are more examples:

Petitioner died

Ordinarily, if the petitioner dies, the petition dies with him.  However, in certain circumstances, the beneficiary may be eligible to apply for humanitarian revalidation or reinstatement of his petition.  Or if the beneficiary was in the U.S. when the petitioner died and has continued to live here after the death of the petitioner, it could be possible to process the case without even needing to seek humanitarian revalidation.

Case is denied because of fraud 

If a person commits fraud in connection with seeking or obtaining an immigration benefit (such as assumed name entry, fake or altered documents, etc.) their case could be denied.  However, if they have a spouse or parent who is a U.S. citizen or immigrant, and can demonstrate “extreme hardship” on that relative, it could be possible to have a fraud waiver granted and the case approved.

Fraud waiver was denied

Sometimes, a person files a fraud waiver, but it is denied because the officer was not satisfied with the documents or evidence submitted and was not convinced the qualifying relative will suffer extreme hardship.  Sometimes it’s possible to seek reconsideration and submit new, additional, and stronger evidence.  The person could also consider filing a new fraud waiver with a better presentation.  Finally, they could appeal the denial to the Administrative Appeals Office (AAO) in Washington DC.

Person was ordered deported/removed

Even if a person was ordered deported or removed, there could still be hope.  For example, were there any procedural defects or irregularities in connection with their hearing?  Are there any forms of relief available that were not asserted or not in existence at the time (such as just married a U.S. citizen for love, U.S. citizen child just turned 21, etc.)? Perhaps the trial attorney will agree to reopen the case to allow the person to apply for relief.  The case can also be appealed to the Board of Immigration Appeals (BIA) if meritorious grounds exist and the appeal is timely filed.

These are only a few examples of where there could still be hope after a denial.  Although there cannot be any “guarantees” of success, if your case was denied, you should consider consulting with an attorney, who can evaluate your situation, and determine if there is hope in overcoming that denial and assisting in helping you reverse the denial and your case approved.

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Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different and results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories”, endorsements and re-enactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.


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