Waiver Denied (Montreal) and a big WTF

[kitkat1 5]

http://www.visacentral.net/I601Memo.pdf

Due to the lengthy processing time for appeals (can be 18 months or more) and low chance of success, consider refilling a de novo I-601 packet instead, especially if the client attempted the first I-601 pro se and it is clear that a better packet can be compiled.

The law is unclear on whether it is possible to file a de novo I-601 based on the same immigrant visa or K visa case. Some consulates will allow simply re-filing, but most will require starting over with a new visa petition. Even starting over with a new immigrant visa petition may get a decision faster than an appeal. Also, having to start over with a new visa petition allows time to put together a better waiver packet. The process will allow for several months, rather than the 30-60 days given for preparing an appeal

[emt103c 10]

But she REALLY needs to get an attorney just for the fact that the waiver is available to her and the denial specifically misrepresents the law. If that was the ONLY reason it was turned down, then this is just ridiculous (a common theme in the process!)