30 Mar 2023 Is There Hope After a Denial? (Part 2)
Many people believe that once their case is denied, that is the end of the line. No more hope or chances. There is nothing more they can do, and the case is now dead. However, depending on the reasons for the denial, it could still be possible to salvage the case and get it approved.
In an earlier article I discussed that there could be hope even if a person’s case is denied, where it could be possible to still get the case approved. Here are more reasons for hope despite a denial:
Case is denied because of fraud. If a person commits fraud in connection with seeking or obtaining an immigration benefit (such as an assumed name entry, fake or altered documents, etc.), their case could be denied. However, if they have a spouse or parent who is a U.S. citizen or immigrant and can show “extreme hardship” on that relative, it could be possible to have a fraud waiver granted and the case approved.
Fraud waiver was denied. Sometimes, a person files a fraud waiver, but it is denied because the officer was not satisfied with the documents or evidence submitted and was not convinced the qualifying relative will suffer extreme hardship. Sometimes it’s possible to seek reconsideration and submit new, additional, and stronger evidence. The person could also consider filing a new fraud waiver with a better presentation. Finally, they could appeal the denial to the Administrative Appeals Office (AAO) in Washington, DC.
Person was ordered deported/removed. Even if a person was ordered deported or removed, there could still be hope. For example, were there any procedural defects or irregularities in connection with their hearing? Are there any forms of relief available that were not asserted or not in existence at the time (such as someone who just married a U.S. citizen out of love, a U.S. citizen child who just turned 21, etc.)? Perhaps the trial attorney will agree to reopen the case to let the person apply for relief. The case can also be appealed to the Board of Immigration Appeals (BIA) if meritorious grounds exist and the appeal is timely filed.
These are only a few examples of where there could still be hope after a denial. Although there cannot be any “guarantees” of success, if your case was denied, you should consider consulting with an attorney who can evaluate your situation and determine if there is hope in overcoming that denial and assisting in helping you reverse it.
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