Should I refile if I was denied an i 601 waiver for immigration? 7 Answers as of July 19, 2011

My wife and I should had our I-601 denied. We would like to refile the process. I have been living as a legal resident in Brazil for the past 2 years. Could that have been the reason for the denial? we haven't received the letter from the consulate yet. How do we prove extreme hardship if I live here?

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Yes, you may refile both immigrant visa interview and waiver. Not sure why the I-601 was denied. Maybe because you didn't know how to prove hardship. You will need an experience immigration attorney to help you with the waiver. Living in Brazil might have affected the waiver application as well.
Answer Applies to: Nevada
Replied: 7/19/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
Extreme hardship is a very difficult standard. You can try the petition again, but you need to retain a lawyer to help prepare the waiver application. As you can see, the chances of success are even smaller when you apply for a waiver on your own. There is no way to assess you chances of success on a waiver without speaking to you at length.
Answer Applies to: New Jersey
Replied: 7/19/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
yes you can re-file the I-601 waiver. But you need to retain an Attorney to draft a strong memorandum of law.
Answer Applies to: Florida
Replied: 7/19/2011
Law Offices of Iman Abouelazm, P.A.
Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
We would need more information about your situation to determine how you could prove extreme hardship. Proving hardship is very case specific.
Answer Applies to: Florida
Replied: 7/18/2011
Fong & Associates
Fong & Associates | William D. Fong
You should certainly re-file the waiver if there is a change of circumstances or you feel that the officer did not adjudicate the case correctly. The extreme and unusual hardship is to the US citizen spouse, and it will be more difficult if you are already separated as this is evidence to show it is not such a hardship.
Answer Applies to: Texas
Replied: 7/18/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Without reviewing all your documents, no quality advice could be given. Because this is not about general law, rather it is about your specific facts, you'd be better off consulting an experienced immigration lawyer with all your paperwork. You are more than welcome to contact us for a phone consultation.
    Answer Applies to: Florida
    Replied: 7/18/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    I highly recommend that you work with a competent immigration attorney instead of filing on your own. It is very difficult to get these approved and they must be done using very detailed arguments and documentation. If you are the USC and have been living with her there, that will weaken your argument of EH because you are living abroad.
    Answer Applies to: California
    Replied: 7/18/2011
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