What is the visa appeal timeline like? 2 Answers as of December 07, 2010

My husband was denied a visa because we failed to show extreme hardship he has been in Mexico since October 2009. We filed an appeal. How long will the process take before they review our case once more since we sent in more evidence to support our hardship?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am sorry to hear of the denial of your husband's visa. The fact that you raised the issue of extreme hardship and the relatively recent date he returned to Mexico just over a year indicates that he had been here illegally, and that you attempted to gain waiver of inadmissibility or cancellation of removal. An appeal of such a denial, given that you filed one, is one of the application to reapply for admission, or an appeal with the Board of Immigration Appeals. The first can last for about a year, the second can last for upwards of 1-2 years. I would need to know more of your case to advise you further, or aid you if you have no lawyer (which is a very bad thing to do in battling the immigration courts and people at ICE). If you wish to contact me, feel free to call or e-mail.
Answer Applies to: California
Replied: 12/7/2010
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
You may be able to check the status of your appeal online either at the website of the U.S. State Department or USCIS.
Answer Applies to: Virginia
Replied: 11/15/2010
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