What can I do to appeal a denied status change?

My husband and I have been married for 6 years. I am a US citizen and he is a resident. We were just denied his status change due to an incident that occurred in 2001. There was no conviction and it was a PTI. Besides a waiver, is there something that I as a US citizen can use for an appeal?

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Answered By: Law Offices of Kenneth Wincorn P.C.

If he is a permanent resident, what status was he applying for? A waiver is not an appeal. If timely, an appeal to the Board of Immigration Appeals is the answer.

Answer Applies to: Texas
Replied: 11/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office Kevin L.Dixler

It is a challenge for the layperson to realize the legal and discretionary definition of "extreme hardship." As a result, many applicant prepared waiver petitions are routinely denied. I strongly recommend an appointment with a competent and experienced immigration attorney. Perhaps, another waiver petition should be filed or the reason why he was disqualified carefully reviewed for legal accuracy.

Answer Applies to: Illinois
Replied: 11/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: LAW OFFICES OF ALAN R. DIAMATNE APLC

Need more details to fully answer this question. If he is a resident, he does just lose residency unless he is a conditional resident. More information is needed to determine if it is worth filing an appeal.

Answer Applies to: California
Replied: 11/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Ricky Malik

Your question may need clarification. If he is a resident, why would his change of status have been denied? He wouldn't have applied for a change of status. If he was denied US citizenship, you want to file an appeal on form N-336 within 30 days. More importantly, talk to a lawyer about how serious this 2001 issue was.

Answer Applies to: Virginia
Replied: 11/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Marks, Calderon, Derwin & Racine PLC

It depends on the "conviction". There is nothing you can do as a citizen', but you can try to fight the determination. Otherwise, you simply need to do the waiver.

Answer Applies to: Virginia
Replied: 11/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.