If your I-601A Provisional Waiver is denied, applicants may resubmit a new waiver application showing new or additional evidence. Although there is no appeal to an I-601A waiver, it is absolutely permissible to re-file a new waiver.
Applicants should contact a competent immigration attorney to determine the reason that USCIS denied the waiver. For example, if the I-601A waiver was denied because USCIS did not find enough proof of extreme hardship, then a new application should include additional evidence to show how the qualifying relative would suffer. The attorney should evaluate what the initial waiver was missing or if there is a more evidence or new circumstances to prove extreme hardship. In some cases, the waiver may be denied simply because it was not well organized or not well-prepared in the first place. Because I-601A waiver applications generally include a great deal of supporting documents and evidence, it is important that they be properly assembled in a way that lets the USCIS officer easily evaluate the arguments.
As of September 11, 2018, USCIS has the authority to deny any application that is incomplete or lacks sufficient evidence without first issuing a request for evidence (RFE) or notice of intent to deny (NOID). The new guidelines are a reversal of the current policy, which requires that an RFE be issued unless there is “no possibility” that the deficiency can be remedied. That is why it is more important than ever to make every possible effort to put together the strongest possible waiver in the first place.
Garza & Associates has successfully helped many clients re-file waivers that were prepared by someone else and initially denied. If you have a denied I-601A waiver that you believe was not properly assembled, our office has the knowledge and expertise to assist in putting together a more persuasive and thorough application. Contact us at (713) 664-6200 for a consultation.