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?
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.
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.
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.
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.
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.
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