Denied. Reconsider or appeal?

Old May 29th 2001, 1:24 pm
  #1  
callie
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The waiver of inadmissibility has been denied by INS Copenhagen. The form I-290B has
been attached, with "you may file an appeal".

There is also an option called "motion to reconsider", but I don't know if that's
valid to file outside the US.

First impression: 2 years minimum, since the Admistrative Appeals Unit is backlogged,
will definitely need an attorney ($5K, easy), and no guarantee.

Second impression: I know enough to do this without an attorney, I can write a motion
to reconsider, and send it off, but there's still no guarantee.

Main problem is that the INS attache ignored one substantial fact, and incorrectly
stated one substantial fact - either one of which may have been good grounds for the
approval, taken together should be definite grounds for approval - and even the
Consul in Stockholm is astounded at the denial.

One attorney's comment: INS attache in Denmark is new, came from the enforcement
side, knows nothing now, but will be excellent in a couple of years.

Lucky me, I was his first case.

Any ideas? Anyone with experience? Any reason not to try to file a motion to
reconsider?

callie
 
Old May 29th 2001, 2:11 pm
  #2  
paulgani
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More information might be useful, such as, what was the grounds of inadmissibility?

Also, what did you put in your original waiver application? Did you use an attorney
to prepare this application?

Paulgani

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