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FILE AN APPEAL?

Denial Adam Walsh Act IMBRA

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#1 Reddragon75

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Posted 10 January 2013 - 12:03 AM

I am thinking about filing some kind of appeal about our denial. I thought I had read somewhere that decisions related to the Adam Walsh Act are considered final by USCIS and cannot be appealed. But, it does not say as such on their website, so I am not sure. Also, I have been seeing many posts of AWA related denials filing appeals on other website forums, but have not seen what the results of those filings have been. If the decision is considered final and cannot be appealed, then I would be jut wasting time and money by doing so. Would you suggest I file an appeal? I have already written to my attorney inquiring about this matter, but I wanted to see what everyone here has to say about it. If I decide to do so, my attorney will assist me.

Also, there are 2 different forms for filing appeals. There is the I-290B and the EOIR-29. I think we would use the EOIR-29, but I am not sure. There is a basis for an appeal. The issue is the USCIS concern for my wife's safety. We have lived together in China for more than 1 year, and have evidence to show this as fact. Also, my wife can write a very heartfelt letter telling them that she is aware of my criminal history, that I have never hurt her, etc.

If I am going to file an appeal, we would need to move pretty quick because I only have 30 days from when the decision was mailed to me: January 4th.



#2 chilton747

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Posted 10 January 2013 - 12:23 AM

I think you need to file for an appeal.  Anything to show that you are not going away is the best shot you have.  And don't stop there, apply again to the USCIS and tell then you ain't going away because your case has been proven and that at some point they will have to give in.  Givem Hell!!



#3 Randy W

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Posted 10 January 2013 - 01:10 AM

Are you filing an appeal (Form I-290B) yourself, or are you appealing to the Board of Immigration Appeals (Form EOIR-29)? I believe the I-290B form would be used if you are filing in an outside court (or maybe immigrations court).

 

As to whether to filing would be a waste of time, it pretty much depends on the details of your case - much more than you would want to (or should) disclose here. Your attorney and/or Marc Ellis (or someone else who would be able to discuss all details) would be the best sources.



#4 david_dawei

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Posted 12 January 2013 - 12:07 AM

This is one of the few times which I would say you need political help, not just legal help.   You need to figure that part out.


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