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Removal (Deportation) Defense & Appeals Immigration & Citizenship Appeals |
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immigration & citizenship appeals
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Appeals for Denied Inadmissibility WaiversI represent clients in cases where USCIS has denied an I-212, I-601, I-602 or where it has notified the applicant that it intends to deny the application. Each of these applications seek a favorable exercise of discretion. Form I-212 requests permission to reapply for admission to the U.S. after removal or deportation. Form I-601 is a request by an immigrant for waiver of certain grounds of inadmissibility--most commonly for misrepresentation or criminal conduct or convictions. Form I-602 is similar to I-602, except that it is for refugee and asylee applicants for permanent residence. Typically, an applicant will file an I-212 before applying for a visa, while he or she is outside of the United States. (The courts disagree, however, over whether an applicant may file an I-212 inside the U.S. in conjunction with an application to adjust status filed before reinstatement of a removal order.) On the other hand, a request for an I-601 often comes after an unsuccessful immigrant visa interview at a consulate or an unsuccessful adjustment of status interview at USCIS in the U.S. If USCIS denies an I-212, I-601, or I-602, then the applicant has the right to appeal that decision to the Administrative Appeals Office (AAO) in Washington, D.C. An appeal may be appropriate if the USCIS officer made a legal error, ignored important evidence, relied upon the wrong standard of proof, or simply reached the wrong conclusion. I offer representation on appeal after USCIS has denied or revoked your application. I also represent applicants earlier in the process when they first receive a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) from USCIS. If you hire me at that stage, I can help you gather additional evidence to bolster your case and perhaps avoid the lengthy delay caused by appeal. To learn more about appeals in general, visit Appeal FAQ's. |
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Scott Mossman's practice is limited to federal immigration law, with an emphasis on removal (deportation) defense, appeals, and federal court litigation. In removal cases, he only represents persons within the Ninth Circuit (Alaska, Arizona, California, Guam, Hawaii, Idaho, the Mariana Islands, Montana, Nevada, Oregon, and Washington) and usually only if the hearing will occur, or has occurred, in the San Francisco Immigration Court. That Court has jurisdiction over San Francisco, Oakland, San Jose, Sacramento, and the rest of Northern California from Redding to Bakersfield. Scott Mossman represents persons on appeal to the BIA and Administrative Appeals Office (AAO) in USCIS petition and waiver cases arising throughout the world. Scott Mossman is a licensed attorney and active member of the State Bar of California. 2007, 2006, 2005, 2004 © Scott A. Mossman | Web Site Use Agreement |