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Posted
2 hours ago, Boiler said:

It is a few years since I followed waivers, but seemed to me that a well prepared waiver had an extremely high success rate, I did come across a few where the person obviously had no clue what was required. My impression is that you just need to hit the tick box issues.

 

I have come across a few lawyer prepared refusals, now how good they were, or just unlucky I do not know.

 

I do not remember coming across appeals, usually you would just refile a better waiver.

 

Now this particular situation seems more complicated than the norm, I do not know if they vary the hardship standards accordingly, I have not seen it mentioned. They are going for a Lawyer, quite a few who specialise in waivers.

 

Is there a specific keyword I can include in the search when looking for a specialty waiver lawyer, or is it pretty much type in any immigration lawyer and interview them one by one? 

Filed: K-1 Visa Country: Wales
Timeline
Posted

http://www.scottimmigration.net/content/i601memo

 

Here is one to start with.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
2 hours ago, Boiler said:

It is a few years since I followed waivers, but seemed to me that a well prepared waiver had an extremely high success rate, I did come across a few where the person obviously had no clue what was required. My impression is that you just need to hit the tick box issues.

 

I have come across a few lawyer prepared refusals, now how good they were, or just unlucky I do not know.

 

I do not remember coming across appeals, usually you would just refile a better waiver.

 

Now this particular situation seems more complicated than the norm, I do not know if they vary the hardship standards accordingly, I have not seen it mentioned. They are going for a Lawyer, quite a few who specialise in waivers.

Read the fraud/misreps on USCIS.gov.  Most appeals were prepared by lawyers, and most are rejected.  

Filed: K-1 Visa Country: Wales
Timeline
Posted
1 minute ago, Jorgedig said:

Read the fraud/misreps on USCIS.gov.  Most appeals were prepared by lawyers, and most are rejected.  

I do not doubt appeals were rejected, I think normally it is better to refile.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
1 hour ago, Boiler said:

I do not doubt appeals were rejected, I think normally it is better to refile.

Wouldn't those be motions to reopen/reconsider?  I have read many that refer to previously filed denials.  In general, refiling with the same evidence to support a hardship is not going to change the outcome.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Do not think so, you start again file a new waiver package, new fee etc.

 

Evidence is very subjective and shall we say malleable. For example let's say you have some sort of medical condition and use the UK as example as that is where I am from. Well UK has NHS free at the point of delivery,  if I was going to use a medical issue I would be using all sorts of stats to show relative recover rates, how long you need to wait for treatment etc, I would not be pointing out it was free at the point of delivery as opposed to costing an arm and a leg in the US.

 

There are very few situations you can not spin to suit your case, London for example has hit a new record for knife murders, probably much worse than anywhere in the US so you compare that, not shootings.

 

Now obviously this depends on individual circumstances, you just need to be creative.

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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