What can I do after I got denied of I-601? 11 Answers as of December 21, 2011

If you have new evidence not previously considered, yes. If the government made an error, you can file a motion to reconsider.

Yes. You can file again or appeal within 30 days.

The answer depends upon the reasons your I-601 and I0121 were denied. If they were denied, because you were not eligible, you would have to first see if you are statutorily eligible now. If they were denied, because you did not show sufficient level of hardship, you need to evaluate what you can do differently. You can file these applications again, but as you have been denied once, you would be encouraged to retain an attorney to help you.

It would depend on why the I-601 was denied. If it was simply for insufficient proof of the hardship, you can file again with better evidence. If it was denied because a waiver was not available, then it would serve no useful purpose to appeal because it will be denied again. I would suggest that you see a qualified immigration law attorney and take all the papers that you used in filing for the waiver, together with the denial decision and any other correspondence you had with Immigration. Good luck.

You can refile. But the outcome will likely be the same without better evidence or legal arguments.

The process is different if it was denied at the consular level, or in the U.S. If it was denied in a consulate, consulates have different procedures for review and varies from country to country before a possible appeal can be filed. For a more precise answer, as an attorney I need to know where it was denied (consular level, USCIS or before an immigration judge) and the reasons stated on the waiver. Waivers require extensive proof and details of the hardship.

You must refile everything.

Before you re-file I suggest consulting with an experienced immigration attorney to review with you why you were denied and help you determine if an appeal or re-file is best or if the reasons for denial are valid and there is no chance of success.

Yes but it depends on the denial. If it was denied due to discretion, you can beef up the next filing.

Your spouse is allowed to repetition for you with the I-130 and then to refile the waivers again. If you did not use an attorney consider it as there is often a much % approval with those, as long as done by competent immigration attorneys.