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K-1 Visa denied - need an I-601 Waiver :(

K-1 Visa denied - need an I-601 Waiver :(

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Old Oct 11th 2003, 12:18 am
  #91  
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Default OT - A Smile on a Hard Day

Originally posted by Folinskyinla
Second -- beware of "guarantees" of success.

Third -- both Howard and I, with over 55 years of immigration experience between the two of us, do not hesitate to pick up the Act or regulations in front of the client to double check on our advice.

Fourth -- this may be counter-intuitive -- but it is a good sign when an attorney says "I don't know, but I do know how to find out."
An early mentor once gently lectured me, after watching my sweaty 2nd year associate mouth in my first administrative hearing speculate for the ALJ rather than just admit "Your Honor, I Don't Know The Answer", that the real test of a top-notch litigator was one who would readily admit in front of a $1,000,000 client that (a) even a case with perfect facts, perfect law, and perfect attorney representation can still be blown away in court, such that no responsible attorney ever promises a successful outcome, and (b) no lawyer can ever say with certainty from day to day that they know everything there is to know about a given problem or the law that applies to it, so that there is no shame in saying "I Don't Know". Indeed, he said it was the mark of pride in workmanship.

This post reminded me of that. Needless to say I agree with you, and him. As a result I've probably lost clients because I have practiced this wisdom throughout my career, because they wanted a guarantee or unqualified predictions I refused to give (gently) or needed to feel like their lawyer was perfect before they would trust (and pay a large retainer fee). Would that clients knew the truth, when choosing the lawyer they want to work with.
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Old Oct 11th 2003, 1:13 am
  #92  
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Thankyou Mr. F and Dekka,
I know better than to believe anyone who guarantees winning anything, so at least I knew that much. I appreciate your frankness and honesty regarding the "just filing the letter of hardship". I figure if I don't ask then I'll never know. The application itself really IS filling out a form though, it's the letter and back-up documentation etc. that I need a lawyer for!
As for the "if I don't know but I'll find out"...I work that way myself and have awesome credibility in what I do. It lets the client know that we value their business, no matter what they need, even if it is not my specific job.
Thanks again,
Clare

PS: I've been wanting to thank all of the people who have stopped in here to wish us well. It's so nice to hear a "you can do it!" when you feel so defeated
PPS: and that troll post? Nah, I won't even respond to that...

Originally posted by Folinskyinla
Hi:

I had lunch today with my good buddy Howard Hom and we knocked around the question of what makes for a good immigration lawyer and how a potential client might tell.

First -- AILA membership is no quarantee of excellence, but the annual dues are kind of pricey for professional organizations -- so membership is an indica of more than a passing interest.

Second -- beware of "guarantees" of success.

Third -- both Howard and I, with over 55 years of immigration experience between the two of us, do not hesitate to pick up the Act or regulations in front of the client to double check on our advice.

Fourth -- this may be counter-intuitive -- but it is a good sign when an attorney says "I don't know, but I do know how to find out."

Finally -- it is something more than just filing a letter of hardship. You are no longer in the realm of "filling out the forms" which many people often think immigration law is. A good hardship waiver application will marshal the facts, state the law and then apply the law to the facts in such a way as to compel that DAO to approve your case.

Take a look at the strings posted by Laura our "beachbunny" from Long Beach down the road from me. In a private message, I had asked her who her lawyer was -- although that attorney is local for me, I did NOT know her, but she is a member of AILA and did a fine job for Laura.
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Old Oct 11th 2003, 5:13 am
  #93  
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Trolls tend to give up after 2 or 3 posts.

Good luck you two.
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Old Oct 11th 2003, 9:11 am
  #94  
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Default Re: K-1 Visa denied - need an I-601 Waiver :(

Clare & Steven <member@british_expats.com> wrote in message news:<[email protected]>...
    > Folinskyinla or anyone who may know this,
    >
    > I'm in search of a lawyer to help me with the wording on the extreme
    > hardship letter. Steven is going to an immigration attorney on Tuesday,
    > one recommended by his family lawyer.
    >
    > I've only used a lawyer for my divorce and real estate and I don't
    > personally know any immigration lawyers. I've heard of so many shady
    > lawyers in our area by many people I've talked to. I received a list of
    > a few that were ILA certified, does this make them trustworty?
    >
    > So, how do you know the lawyer is experienced in waivers? How do you
    > get his win/lose history? Do they just give out this info if you ask
    > for it? Is it possible to pay a lawyer to just help you write a
    > letter because he/she is not needed to fill out the I-601 and mail it
    > in for us?
    >
    > I just don't know how the hiring of a lawyer would be handled in this
    > situation. Any ideas?
    >
    > Thanks,
    >
    > Clare

Hi Clare,
No, my husband isnt in the US yet. We have to go for an I-601 as well
for an I-130 petition. The problem is we are living in Sweden and
both are umemployed. My husband was downsized (I hate that word) this
past June. We are struggling big time. We havent paid our rent in 2
months and are on the verge of getting evicted. I dont suppose that
is enough hardship though now is it? We also have 3 kids. I wish you
guys all the luck in the world!! There should be more of us with
waivers getting approved! What really makes me angry is when someone
is self righteous and says, No you arent allowed..uh excuse me, but
who made you GOD?...I dont like the fact that my life is in someone
else's hands.
 
Old Oct 11th 2003, 1:03 pm
  #95  
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Default Re: K-1 Visa denied - need an I-601 Waiver :(

Originally posted by DCmarc
------------------------------------------------------------------------
These people are trolls ( sick persons who get joy from posting nonesense). Please disregard any postings from them.
It is obvious that this is a manufactured soap opera to waste the time of the members here.

DCMark
DCmarc is a made up name in attempt to libel me. It is a fake screen name from a known troll poster named BillWilson and Okiedokie. If you search on my real name you will know why.

DCMark
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Old Oct 11th 2003, 2:39 pm
  #96  
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Default Re: K-1 Visa denied - need an I-601 Waiver :(

No worries, DCMark...I noticed the small "m" in their nic and they only had 4 posts to their name at the time. I knew it wasn't you

Originally posted by DCMark
DCmarc is a made up name in attempt to libel me. It is a fake screen name from a known troll poster named BillWilson and Okiedokie. If you search on my real name you will know why.

DCMark
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Old Oct 11th 2003, 2:46 pm
  #97  
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Default Re: K-1 Visa denied - need an I-601 Waiver :(

Geeze! That sounds like hardship to me!
Are you going to file it on your own without a lawyer?
I know these laws are beefed up for our country's security, but c'mon....give us a break! I just hope the person that will review our file will take EVERYTHING into consideration and be fair. That's all we can hope for.
Best of luck to you two as well
Clare

Hi Clare,
No, my husband isnt in the US yet. We have to go for an I-601 as well
for an I-130 petition. The problem is we are living in Sweden and
both are umemployed. My husband was downsized (I hate that word) this
past June. We are struggling big time. We havent paid our rent in 2
months and are on the verge of getting evicted. I dont suppose that
is enough hardship though now is it? We also have 3 kids. I wish you
guys all the luck in the world!! There should be more of us with
waivers getting approved! What really makes me angry is when someone
is self righteous and says, No you arent allowed..uh excuse me, but
who made you GOD?...I dont like the fact that my life is in someone
else's hands.
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Old Oct 11th 2003, 4:49 pm
  #98  
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Default Re: K-1 Visa denied - need an I-601 Waiver :(

Clare & Steven wrote:

    > Geeze! That sounds like hardship to me!
    >

But not to USCIS....... Financial hardship is not normally a hardship.
 
Old Oct 11th 2003, 7:19 pm
  #99  
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Default Re: K-1 Visa denied - need an I-601 Waiver :(

Originally posted by Clare & Steven
Thanks! You took the words right out of my mouth
Is your husband in the US now? How did you get him here, if I may ask?

British in Ohio------------ I have been keeping an eye on this thread
and you know what? You're a complete moron!!!! Keep your racist
discriminating opinions to your stupid self. No one asked YOU for you
YOUR sucky advice. Yes, my husband was convicted of theft on 2
counts. No, he isnt perfect, but he's paid his dues and hasnt done
wrong since. You dont know what you're talking about.
[/QUOTE]

Where is the racism in my post? I just don't want convicted criminals to be allowed to move here to the US tha is all, no matter what race they are. I'm sorry you don't like my opinions but YOU did ask for them by posting on this forum.
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Old Oct 11th 2003, 7:48 pm
  #100  
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Default Re: K-1 Visa denied - need an I-601 Waiver :(

Originally posted by BritishInOhio
Where is the racism in my post? I just don't want convicted criminals to be allowed to move here to the US tha is all, no matter what race they are. I'm sorry you don't like my opinions but YOU did ask for them by posting on this forum. [/QUOTE]

I don't know why you are giving BIO such a hard time. I don't think it is unreasonable to not not want conviced fellons into the country to live. I would surly be upset if they were letting them into the UK, we have enough car theft as it is here without bringing in car theives form other countries.
When you are commited of a crime you are not allowed to do certain things, and I don't belive losing the right to move to another country to live is unacceptable.
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Old Oct 11th 2003, 9:22 pm
  #101  
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Default Re: K-1 Visa denied - need an I-601 Waiver :(

Originally posted by BritishInOhio
Where is the racism in my post? I just don't want convicted criminals to be allowed to move here to the US tha is all, no matter what race they are. I'm sorry you don't like my opinions but YOU did ask for them by posting on this forum. [/QUOTE]


British is a rascist term according to the Race Relations types.

I for one consider myself to be Englsh by birth Wessex by grace of God
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Old Oct 11th 2003, 10:12 pm
  #102  
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Default Re: K-1 Visa denied - need an I-601 Waiver :(

Originally posted by Clare & Steven
Geeze! That sounds like hardship to me!
Are you going to file it on your own without a lawyer?
I know these laws are beefed up for our country's security, but c'mon....give us a break! I just hope the person that will review our file will take EVERYTHING into consideration and be fair. That's all we can hope for.
Best of luck to you two as well
Clare

Hi:

It sounds like harship to you? Putting myself in the shoes of a BCIS examiner, I can easily put in the boilerplate about "mere economic harship." "Mere economic hardship" is usually present in almost all cases -- and it will NOT get to first plate, much less score a run.
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Old Oct 11th 2003, 10:58 pm
  #103  
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Default Re: K-1 Visa denied - need an I-601 Waiver :(

Mr. F.
Yes, it DOES sound like hardship to me. If you lost your job and home and couldn't pay your rent, you wouldn't feel like her? I didn't say it qualified as a hardship case, I just said that it sounds like hardship, not as a BCIS examiner...as a fellow NG member.
Hopefully they have a lawyer who will submit more than just their financial hardship...have faith and smile once in a while


Originally posted by Folinskyinla
Hi:

It sounds like harship to you? Putting myself in the shoes of a BCIS examiner, I can easily put in the boilerplate about "mere economic harship." "Mere economic hardship" is usually present in almost all cases -- and it will NOT get to first plate, much less score a run.
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Old Oct 12th 2003, 7:41 am
  #104  
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Default Re: K-1 Visa denied - need an I-601 Waiver :(

Folinskyinla <member@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Clare & Steven
    >
    > > Geeze! That sounds like hardship to me!
    >
    > > Are you going to file it on your own without a lawyer?
    >
    > > I know these laws are beefed up for our country's security, but
    > > c'mon....give us a break! I just hope the person that will review our
    > > file will take EVERYTHING into consideration and be fair. That's all
    > > we can hope for.
    >
    > > Best of luck to you two as well
    >
    > > Clare
    >

Hi again,
No, we arent filing without a lawyer. Most definitely not. That's
the problem therein. We cant afford one and right now would be
optimim for doing it. Economic hardship is just one factor in our
case. There are many more. But we arent talking about me. :-)
    >
    >
    >
    >
    > Hi:
    >
    >
    >
    > It sounds like harship to you? Putting myself in the shoes of a BCIS
    > examiner, I can easily put in the boilerplate about "mere economic
    > harship." "Mere economic hardship" is usually present in almost all
    > cases -- and it will NOT get to first plate, much less score a run.
 
Old Oct 12th 2003, 4:03 pm
  #105  
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Hey Clare,

This post is running neck in neck with with "Posting Guidelines" and not too far behind Rete's "FAQ" for # of views.

Did you ever dream you'd start such a pot boiler??!!



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