Encinitas, CA Immigration Law Firms & Lawyers

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.

Good question. Your RFE should have listed the specific ways it has determined your I-601A has fallen short.   However, USCIS in general is focusing on financial hardship to the qualifying relative on the extreme hardship claim.  Your RFE though should provide specific guidance. USCIS is giving everyone a real hard time on I-601As. Many attorneys are convinced that USCIS is automatically issuing RFEs without even reading the application, since most of the RFEs look the same and don't cite specifically where the application is inadequate.  The feeling is USCIS doesn't like the provisional waiver policy and is being hostile to these I-601A applications. I hope that answers your question.  Good luck on your RFE response. Daniel Shanfield, Esq. - Immigration Defense PC      

Because he entered illegally the case is more complicated than normal but probably doable unless he has an extensive criminal record or has been previously removed, left the country after entering illegally and returned. Lots of questions to ask you both to best position the case and determine if he can process here or will need his final interview and waiver overseas. I would suggest a paid consultation to sort it all out - any consultation fees to us would be credited toward the fees for your case. Call or email me as indicated below to pursue further.