Laura
03-26-2008, 05:12 PM
Laurel: Let's just go ahead and jump in to the questions.
laurafern11: For JL&CL - I was in the Bahamas with my fiance and when we were at preclearence in Nassau airport the officers canceled my visa saying that was the wrong visa because i was living with my fiancee with a tourist visa ... soo they canceled it and the officer told to my fiancee to marry me and get the right visa and they didn't fingerprint me, make me sign anything and i payed my flight back home ... i have never overstayed and I entered legal into the US ... so my question is: What happens at the interview?? Is it possible that I will need a waiver because my visa was canceled??
Laurel: It is possible that you will be charged with misrepresentation, but if you didn't work without authorization, I think its unlikely. You will probably be fine.
chalakita: I EWI in 2001(from Lima), we just sent our I-130 last month, my question is: I've been going to college here in CA (with a fake SSN) for the past 5 years, should I put that on my DS230? Is this gonna make my case worse? Thank you
Laurel: If you used the fake social to get government student loans, you will have a problem. But if not, you're ok. An education is not an immigration benefit. You will still need to file a waiver due to unlawful presence, but it doesn't sound like fraud.
MariaM: Laurel, My husband and I are waiting for his K3 interview in Mexico. Here is my concern...when filling out his employment forms when he was in the US, the I-9, they were marked UCS. Is this going to have any effect on him during our AOS interview here in the US? Is it true that the interview in the US is tougher than in CDJ? Is that grounds for a denial? It seems that is forgiven since working in the US you have to state that to work if you do not have an EAD, or Greencard.
Laurel: Employment is an immigration benefit. The I-9 is an immigration form. A false claim to citizenship on the I-9 is a false claim to citizenship for immigration purposes, subject to INA 212a6Cii, no waiver.
ForEmilyMartinez: I sent in my I-130 and only included our son since my husband is the biological father, however, right after I sent that I received word from our family law attorney that we can go ahead and file the appropriate paperwork to have my husband legally adopt my daughter (from a previous relationship). Because I did not include her due to the fact she's not biologically his I would like to update it once he does infact adopt her. It will be at least a couple months until all the legal stuff is over with, and by that time i'm afraid uscis may already start working my case. I am concerned that if she's not included they will ask about this in CDJ. What should I do?
Laurel: Are you the petitioner or the beneficiary? If you are the beneficiary, you should have included all of your children and you need to amend it sooner, rather than later. It is not unheard of for the consulate to send the case back to CIS for readjudication if they discover that the beneficiary/applicant has a child(ren) not listed on the I-130 or I-129F. If you are the petitioner, you probably should've listed the beneficiary's step-children - I usually do - but that's not something that's like to wind up in the case be sent back to CIS for readjudication.
Cruz_Polanco: Laurel: Did I need to fill out both I-212 & I-601 ?
Laurel: The I-212 is necessary only if there was a deportation.
laurafern11: phew.... two weeks worth!
Laurel: I know.
emt103c: I have a 212 pending with USCIS; the consulate just finished 7 months of AP for my husband during which an overstay ban expired. They are asking for a 601 AND 212. An email they sent me says for the Expedited Removal, the letter they sent the Senator says overstay. There were no secondary charges in the Expedited Removal or on the denial form they gave me at the interview. Is there anything an attorney can do if I get a negative response to my inquiries and requests for a review of the case?
Laurel: By "AP" you mean "Administrative Processing??" Usually "AP" means "Advanced Parole". You've left info out. What country are you from? You say it was an Expedited Removal. Was that at the port of entry (5 year bar) or was it an Expedited Removal for VWP (10 year bar).
laurafern11: I know this sounds like a crazy question but it's just a hypothetical for a relative of an I2US member who would like to remain anonymous. At what point does a criminal immigrant become un-waiverable? I know that there is no waiver for someone with drug-related charges other than one simple marijuana possession, but what about a violent criminal past? If you are in the U.S. illegally and, for example, have two convictions for First Degree Recklessly Endangering Safety (felony) and a charge but no conviction of 1st degree Intentional Homicide, I mean, if this person later married an American who has exceptional hardships, could they even theoretically get a waiver approved, or is there a clear place where the criminal history makes the person permanently inadmissible with no waiver in the same way drug charges do?
Laurel: Certain extremely unusual crimes - such as trying to kill the President - do not allow for a waiver. Sometime if an LPR commits an aggravated felony within a certain period of time after entry, the statute says there is no waiver, though there are some court decisions challengin that and sometimes carving out specific exceptions. For someone who was not an LPR who committed a violent crime such as manslaughter, rape or other violent crimes, you are eligible for a waiver, but the standard is not "extreme hardship". The standard is "exceptional and extremely unusual hardship" per Matter of Jean. Some attorneys argue that the difference between "extreme" and "excpetional and extremely unusual" hardship is blurred and meaningless. But let me tell you, the adjudicator is probably not going to approve a waiver for someone with that kind of background. Even if they find enough hardship, they can deny over concerns for the public safety.
(I got logged out for a minute and might have missed some stuff - if Angela or Mendoza got it I will add later)
For Klame: He's applying for naturalization. He became a PR in 1983. However, in 1989, he was arrested for theft (misdemeanor). He stole some batteries from a store, got caught, arrested, taken to the police dept., booked for the night and the next day all he had to pay was just $125 and he was let go. He never went to court for it or nothing. He just had to give the merchandise back and pay that fine. Would he still be eligible for naturalization despite this incidence? I believe he should be since it's not an aggravated felony and he wasn't sent to prison, and it's such a long time ago. Just checking to see other opinions for him.
Laurel: Its a single misdemeanor that took place 6 years after he became an LPR. It neither makes him deportable nor inadmissible. If the incident was less than 5 years ago, he would not be able to naturalize. But as it was more than 5 years ago, he shouldn't have a problem, but he will need to supply official records as part of his N-400 application.
For Charity's friend: This guy came to the US illegally in the 80s and at the time they were giving out agriculture visas/permanent resident status for those who work in agriculture. He got his permanent residenence back in the 80s and then he left to Mexico back in 2003-2004 because he needed surgery done and I guess he wanted to get it done there. His card expired while he was in Mexico in 2004 and I guess he didnt know what to do so He tried to cross the border illegally, (through the desert) in early 2005 and got caught, spent 3 months in jail, but didnt mention anything to the judge about him being a permanent resident whose card expired, because he was told he might spend a year or more in jail trying to fight it and he was just ready to get out of jail so he just didnt try to fight and they sent him back to Mexico. I guess that might have been considered a deportation. Then he came back illegally like a month later and has been here ever since. Does anybody know if he is completely screwed or what?
Laurel: Interesting. This is one of those cases that make attorneys scream. If you're an LPR, don't EWI. Forgive me, but that's just dumb. Now he needs to hire an attorney to get this sorted out. I think he can probably get his permanent resident card back, but its going to be complex. The law really doesn't say much about this situation because they did not anticipate that LPRs would EWI.
mariquitaojeda: laurel can you pls. tell me if there is any way my husband can come back here with two priors without waiting 10yes
Laurel: Two prior whats?
Mom22: Hi Laurel. I have a question regarding minors. I just brought over my son from Mexico because it was very hard on him to be there without me and his brother. He was born in Mexico and I lived in a border town so I vistited him a lot while he lived with my mom. Now that I've moved to Minnesota, it was very difficult for us to be apart so I decided to have someone bring him over. I knew this person and I knew that they woudln't ask him for anythihg, which they didn't. I'm a US citizen now (I became one last year) and am now trying to get his paperwork started. Once I get hte interview in Juarez, I am worried what they will say because I brought him over illegally. Will I get in trouble?
Laurel: If you bring someone over to the US illegal, that's a ground of inadmissibility. You can get it waived IF the person you brought over is a spouse, child, or parent (NOTE: NOT BROTHER, SISTER, NEICE, ETC.). And you can only waive a single incident. If you had admitted it before you naturalized, you could have gotten it waived. But you've now naturalized without admitting it, which means you must have lied on your N-400. The one and only reason a person can be denaturalized is for lying on the N-400. You can be denaturalized, not for smuggling you child, but for lying about it on the N-400. Having said that, it is extremely, extremely unlikely that they will attempt to denaturalize you. The Supreme Court has said that they want denaturalization cases to be rare, and so far they've gotten their wish. Usually the only people who get denaturalized are hardcore criminals. In fact, most of the denaturalization cases are former Nazis from WWII. They have to really, really hate you to commence denaturalization proceedings, and again, they can only do it based on a lie on the N-400. That's why they have so many dumb questions on the N-400, like "Are you a Nazi?" Bottom line: you're going to be ok.
You son will not be found inadmissible due to his age, as long as he's still under 18 now.
rebekita: Thanks for Q&A time laurel! My fiance EWI through MX then US to get to Canada, trnsit time less than two months. He was deported from Canada and stayed in Honduras a year before EWI into US. He was here more than a year and is now getting deported. My q is if he is still eligible for the I-212 an dI-601 because he has technically EWI twice into US. Or if he has a 10 year bar with no waiver possibility or a lifetime bar?
Laurel: I explain INA 212a9C pretty much every week. I will do it again now because it is a little complex. First, it does not matter how many times you EWI. Having 100 EWIs in a one year period does not make you inadmissible under INA 212a9C. You are inadmissible under 9C if (a) you are unlawfully present more than a year in the aggregate AND THEN EWI, or (b) you are deported AND THEN EWI. Your fiance has been unlawfuly present mroe than a year in the aggregate, but not before his most recent EWI. At the time of his most recent EWI, he had previously only been unlawfully present for 2 months. Sounds like he's inadmissible under INA 212a9B and if he gets deported now will also be inadmissible under INA 212a9A. He'll need an I-601 and an I-212.
mariquitaojeda: if my question goes to moderator does that mean it be answered
Laurel: If (a) I am able to get to it, (b) the question is not too long, and (c) its not in all caps.
Ian: hi, i'd like to know how to comeback to the USA after a Voluntary departure, do i have to get a waiver? how long do i have to wait to come back? i've been in the USA longer than a year
Laurel: If you were unlawfully present more than a year you'll need a waiver of the 10 year bar. You will need a qualifying relative in order to be able to apply.
angela256z: For EMT103c - If the consulate legitimately makes a mistake and tries to require a 601 for a case in which the overstay ban is over, and only an expedited removal ban remains. . .is there anything an attorney can do if the petitioner is not successful in getting the consulate to reverse it's requirement for the 601?
The consulate specifically wrote that the 601 was necessary to overcome the expedited removal--and that the beneficiary would immediately be eligible for a visa as soon as the Expedited Removal ban was over. They think this requires both waivers. They mention the overstay (which has expired) in one letter, but not the next, and there are NO other charges. Montreal Consulate. . .
Laurel: If you believe you are not subject to INA 212a9B, you can either go ahead and file the I-601/I-212 waiver packet and put in there that you're not conceding inadmissibilty under 9B or you can both (a) file an MTR with the consulate, and (b) file the I-212 waiver packet with the CIS office having jurisdication over the location that ordered the removal. Frankly, when you're talking about Montreal, its six of one and half a dozen of the other. If you have a good extreme hardship case, I'd be inclined to just file the I-601/I-212 packet.
all2009: hi laurel i'm applied for in country waiver and i know someday i'm having an interview , and they ask for taxes,and this year maybe i have to do taxes separated from my wife, how this can impact my chances of approval? thanks.
Laurel: You mean you and your wife are getting separated (and you wouldn't be able to get the waiver approved) or you and your wife are going to file "married, filing separately" (which will make it more difficult to prove real marriage)? One of the things they look for in an adjustment of status through marriage - even when there's no waiver required - is comingling of funds.
lupita: my husband EWI in 2001 his info-pass-apptment was in july 07, 2 weeks ago i got a letter, he was denied for 10 years, we have 2 daughters together, what are my best choices now? I am trying to request a second interview but i cant get the fax to go through. Another question is, if i do get a second interview can i get a letter from my sisters stating my excessive weight loss after my husband was backlogged and i have to come back to the US with my oldest daughter, or do i have to get a doctors letter?
Laurel: Was it denied for lack of extreme hardship? You might want to refile. Try mailing the request. Be sure to get proof of delivery. I really can't tell you how to prove your case without thoroughly reviewing the case.
12345: HI I am new to this site, but have spoken to you a few years back about now my husband who is going to have to go through New Delhi for his 601 does any one have any experince there?
Laurel: I do.
Cruz_Polanco: I īm inadmissible if I was charge of forgery & spend 8 months in jail?, Can I qualify for a waiwer?
Laurel: Forgery for what? Writing a check for $50 or writing a check for $60,000? 8 months in jail is a long time for a petty offence, which makes me think its not petty. You may be eligible to apply for a waiver, but a lot will depend on (a) the exact nature of the offense, (b) the length of time since the last arrest - usually at least 8 years since last arrest improves chances, (c) how much rehabilitation you're able to show (e.g. if you've since become a priest, that would be convincing evidence of rehabilitation, and (d) hardship to qualifying relative, if its been less than 15 years since the offense. Note: you don't need a qualifying relative after 15 years, but it sure helps.
jeannie111: Husband gave false name when stopped driving because he had no license. Was arrested ,released two days later,given court day ,fined and given community service.paid all bills.years later was arrested because turns out he had a warrant because he never did community service. Does he have a chance at waiver appointment?
Laurel: He has a chance at the waiver, but it looks really bad that he didn't do the community service. It shows lack of rehabilitation and lack of respect for the law.
Laurel: Guys, usually when I'm late, I keep the chat open for the period of time that I was late. Unforutnately I am unable to do that today.
Laurel: I am in the process of moving so that I can eliminate my lengthy daily commute, giving more time to my practice. Unfortunately, that temporarily means I actually have less time. The office will also be moving within the next 30 days. I do not anticipate any problems meeting any of my deadlines. The new office is about four times larger and will be able to accomodate more staff. I will be hiring more people starting in May. Please bear with me during this transition period. In the end, my office will be much better able to serve everyone's needs and can better accomodate more cases. Thank you.
Laurel: I am planning on having the chat next week at the normal time. See you then!
laurafern11: For JL&CL - I was in the Bahamas with my fiance and when we were at preclearence in Nassau airport the officers canceled my visa saying that was the wrong visa because i was living with my fiancee with a tourist visa ... soo they canceled it and the officer told to my fiancee to marry me and get the right visa and they didn't fingerprint me, make me sign anything and i payed my flight back home ... i have never overstayed and I entered legal into the US ... so my question is: What happens at the interview?? Is it possible that I will need a waiver because my visa was canceled??
Laurel: It is possible that you will be charged with misrepresentation, but if you didn't work without authorization, I think its unlikely. You will probably be fine.
chalakita: I EWI in 2001(from Lima), we just sent our I-130 last month, my question is: I've been going to college here in CA (with a fake SSN) for the past 5 years, should I put that on my DS230? Is this gonna make my case worse? Thank you
Laurel: If you used the fake social to get government student loans, you will have a problem. But if not, you're ok. An education is not an immigration benefit. You will still need to file a waiver due to unlawful presence, but it doesn't sound like fraud.
MariaM: Laurel, My husband and I are waiting for his K3 interview in Mexico. Here is my concern...when filling out his employment forms when he was in the US, the I-9, they were marked UCS. Is this going to have any effect on him during our AOS interview here in the US? Is it true that the interview in the US is tougher than in CDJ? Is that grounds for a denial? It seems that is forgiven since working in the US you have to state that to work if you do not have an EAD, or Greencard.
Laurel: Employment is an immigration benefit. The I-9 is an immigration form. A false claim to citizenship on the I-9 is a false claim to citizenship for immigration purposes, subject to INA 212a6Cii, no waiver.
ForEmilyMartinez: I sent in my I-130 and only included our son since my husband is the biological father, however, right after I sent that I received word from our family law attorney that we can go ahead and file the appropriate paperwork to have my husband legally adopt my daughter (from a previous relationship). Because I did not include her due to the fact she's not biologically his I would like to update it once he does infact adopt her. It will be at least a couple months until all the legal stuff is over with, and by that time i'm afraid uscis may already start working my case. I am concerned that if she's not included they will ask about this in CDJ. What should I do?
Laurel: Are you the petitioner or the beneficiary? If you are the beneficiary, you should have included all of your children and you need to amend it sooner, rather than later. It is not unheard of for the consulate to send the case back to CIS for readjudication if they discover that the beneficiary/applicant has a child(ren) not listed on the I-130 or I-129F. If you are the petitioner, you probably should've listed the beneficiary's step-children - I usually do - but that's not something that's like to wind up in the case be sent back to CIS for readjudication.
Cruz_Polanco: Laurel: Did I need to fill out both I-212 & I-601 ?
Laurel: The I-212 is necessary only if there was a deportation.
laurafern11: phew.... two weeks worth!
Laurel: I know.
emt103c: I have a 212 pending with USCIS; the consulate just finished 7 months of AP for my husband during which an overstay ban expired. They are asking for a 601 AND 212. An email they sent me says for the Expedited Removal, the letter they sent the Senator says overstay. There were no secondary charges in the Expedited Removal or on the denial form they gave me at the interview. Is there anything an attorney can do if I get a negative response to my inquiries and requests for a review of the case?
Laurel: By "AP" you mean "Administrative Processing??" Usually "AP" means "Advanced Parole". You've left info out. What country are you from? You say it was an Expedited Removal. Was that at the port of entry (5 year bar) or was it an Expedited Removal for VWP (10 year bar).
laurafern11: I know this sounds like a crazy question but it's just a hypothetical for a relative of an I2US member who would like to remain anonymous. At what point does a criminal immigrant become un-waiverable? I know that there is no waiver for someone with drug-related charges other than one simple marijuana possession, but what about a violent criminal past? If you are in the U.S. illegally and, for example, have two convictions for First Degree Recklessly Endangering Safety (felony) and a charge but no conviction of 1st degree Intentional Homicide, I mean, if this person later married an American who has exceptional hardships, could they even theoretically get a waiver approved, or is there a clear place where the criminal history makes the person permanently inadmissible with no waiver in the same way drug charges do?
Laurel: Certain extremely unusual crimes - such as trying to kill the President - do not allow for a waiver. Sometime if an LPR commits an aggravated felony within a certain period of time after entry, the statute says there is no waiver, though there are some court decisions challengin that and sometimes carving out specific exceptions. For someone who was not an LPR who committed a violent crime such as manslaughter, rape or other violent crimes, you are eligible for a waiver, but the standard is not "extreme hardship". The standard is "exceptional and extremely unusual hardship" per Matter of Jean. Some attorneys argue that the difference between "extreme" and "excpetional and extremely unusual" hardship is blurred and meaningless. But let me tell you, the adjudicator is probably not going to approve a waiver for someone with that kind of background. Even if they find enough hardship, they can deny over concerns for the public safety.
(I got logged out for a minute and might have missed some stuff - if Angela or Mendoza got it I will add later)
For Klame: He's applying for naturalization. He became a PR in 1983. However, in 1989, he was arrested for theft (misdemeanor). He stole some batteries from a store, got caught, arrested, taken to the police dept., booked for the night and the next day all he had to pay was just $125 and he was let go. He never went to court for it or nothing. He just had to give the merchandise back and pay that fine. Would he still be eligible for naturalization despite this incidence? I believe he should be since it's not an aggravated felony and he wasn't sent to prison, and it's such a long time ago. Just checking to see other opinions for him.
Laurel: Its a single misdemeanor that took place 6 years after he became an LPR. It neither makes him deportable nor inadmissible. If the incident was less than 5 years ago, he would not be able to naturalize. But as it was more than 5 years ago, he shouldn't have a problem, but he will need to supply official records as part of his N-400 application.
For Charity's friend: This guy came to the US illegally in the 80s and at the time they were giving out agriculture visas/permanent resident status for those who work in agriculture. He got his permanent residenence back in the 80s and then he left to Mexico back in 2003-2004 because he needed surgery done and I guess he wanted to get it done there. His card expired while he was in Mexico in 2004 and I guess he didnt know what to do so He tried to cross the border illegally, (through the desert) in early 2005 and got caught, spent 3 months in jail, but didnt mention anything to the judge about him being a permanent resident whose card expired, because he was told he might spend a year or more in jail trying to fight it and he was just ready to get out of jail so he just didnt try to fight and they sent him back to Mexico. I guess that might have been considered a deportation. Then he came back illegally like a month later and has been here ever since. Does anybody know if he is completely screwed or what?
Laurel: Interesting. This is one of those cases that make attorneys scream. If you're an LPR, don't EWI. Forgive me, but that's just dumb. Now he needs to hire an attorney to get this sorted out. I think he can probably get his permanent resident card back, but its going to be complex. The law really doesn't say much about this situation because they did not anticipate that LPRs would EWI.
mariquitaojeda: laurel can you pls. tell me if there is any way my husband can come back here with two priors without waiting 10yes
Laurel: Two prior whats?
Mom22: Hi Laurel. I have a question regarding minors. I just brought over my son from Mexico because it was very hard on him to be there without me and his brother. He was born in Mexico and I lived in a border town so I vistited him a lot while he lived with my mom. Now that I've moved to Minnesota, it was very difficult for us to be apart so I decided to have someone bring him over. I knew this person and I knew that they woudln't ask him for anythihg, which they didn't. I'm a US citizen now (I became one last year) and am now trying to get his paperwork started. Once I get hte interview in Juarez, I am worried what they will say because I brought him over illegally. Will I get in trouble?
Laurel: If you bring someone over to the US illegal, that's a ground of inadmissibility. You can get it waived IF the person you brought over is a spouse, child, or parent (NOTE: NOT BROTHER, SISTER, NEICE, ETC.). And you can only waive a single incident. If you had admitted it before you naturalized, you could have gotten it waived. But you've now naturalized without admitting it, which means you must have lied on your N-400. The one and only reason a person can be denaturalized is for lying on the N-400. You can be denaturalized, not for smuggling you child, but for lying about it on the N-400. Having said that, it is extremely, extremely unlikely that they will attempt to denaturalize you. The Supreme Court has said that they want denaturalization cases to be rare, and so far they've gotten their wish. Usually the only people who get denaturalized are hardcore criminals. In fact, most of the denaturalization cases are former Nazis from WWII. They have to really, really hate you to commence denaturalization proceedings, and again, they can only do it based on a lie on the N-400. That's why they have so many dumb questions on the N-400, like "Are you a Nazi?" Bottom line: you're going to be ok.
You son will not be found inadmissible due to his age, as long as he's still under 18 now.
rebekita: Thanks for Q&A time laurel! My fiance EWI through MX then US to get to Canada, trnsit time less than two months. He was deported from Canada and stayed in Honduras a year before EWI into US. He was here more than a year and is now getting deported. My q is if he is still eligible for the I-212 an dI-601 because he has technically EWI twice into US. Or if he has a 10 year bar with no waiver possibility or a lifetime bar?
Laurel: I explain INA 212a9C pretty much every week. I will do it again now because it is a little complex. First, it does not matter how many times you EWI. Having 100 EWIs in a one year period does not make you inadmissible under INA 212a9C. You are inadmissible under 9C if (a) you are unlawfully present more than a year in the aggregate AND THEN EWI, or (b) you are deported AND THEN EWI. Your fiance has been unlawfuly present mroe than a year in the aggregate, but not before his most recent EWI. At the time of his most recent EWI, he had previously only been unlawfully present for 2 months. Sounds like he's inadmissible under INA 212a9B and if he gets deported now will also be inadmissible under INA 212a9A. He'll need an I-601 and an I-212.
mariquitaojeda: if my question goes to moderator does that mean it be answered
Laurel: If (a) I am able to get to it, (b) the question is not too long, and (c) its not in all caps.
Ian: hi, i'd like to know how to comeback to the USA after a Voluntary departure, do i have to get a waiver? how long do i have to wait to come back? i've been in the USA longer than a year
Laurel: If you were unlawfully present more than a year you'll need a waiver of the 10 year bar. You will need a qualifying relative in order to be able to apply.
angela256z: For EMT103c - If the consulate legitimately makes a mistake and tries to require a 601 for a case in which the overstay ban is over, and only an expedited removal ban remains. . .is there anything an attorney can do if the petitioner is not successful in getting the consulate to reverse it's requirement for the 601?
The consulate specifically wrote that the 601 was necessary to overcome the expedited removal--and that the beneficiary would immediately be eligible for a visa as soon as the Expedited Removal ban was over. They think this requires both waivers. They mention the overstay (which has expired) in one letter, but not the next, and there are NO other charges. Montreal Consulate. . .
Laurel: If you believe you are not subject to INA 212a9B, you can either go ahead and file the I-601/I-212 waiver packet and put in there that you're not conceding inadmissibilty under 9B or you can both (a) file an MTR with the consulate, and (b) file the I-212 waiver packet with the CIS office having jurisdication over the location that ordered the removal. Frankly, when you're talking about Montreal, its six of one and half a dozen of the other. If you have a good extreme hardship case, I'd be inclined to just file the I-601/I-212 packet.
all2009: hi laurel i'm applied for in country waiver and i know someday i'm having an interview , and they ask for taxes,and this year maybe i have to do taxes separated from my wife, how this can impact my chances of approval? thanks.
Laurel: You mean you and your wife are getting separated (and you wouldn't be able to get the waiver approved) or you and your wife are going to file "married, filing separately" (which will make it more difficult to prove real marriage)? One of the things they look for in an adjustment of status through marriage - even when there's no waiver required - is comingling of funds.
lupita: my husband EWI in 2001 his info-pass-apptment was in july 07, 2 weeks ago i got a letter, he was denied for 10 years, we have 2 daughters together, what are my best choices now? I am trying to request a second interview but i cant get the fax to go through. Another question is, if i do get a second interview can i get a letter from my sisters stating my excessive weight loss after my husband was backlogged and i have to come back to the US with my oldest daughter, or do i have to get a doctors letter?
Laurel: Was it denied for lack of extreme hardship? You might want to refile. Try mailing the request. Be sure to get proof of delivery. I really can't tell you how to prove your case without thoroughly reviewing the case.
12345: HI I am new to this site, but have spoken to you a few years back about now my husband who is going to have to go through New Delhi for his 601 does any one have any experince there?
Laurel: I do.
Cruz_Polanco: I īm inadmissible if I was charge of forgery & spend 8 months in jail?, Can I qualify for a waiwer?
Laurel: Forgery for what? Writing a check for $50 or writing a check for $60,000? 8 months in jail is a long time for a petty offence, which makes me think its not petty. You may be eligible to apply for a waiver, but a lot will depend on (a) the exact nature of the offense, (b) the length of time since the last arrest - usually at least 8 years since last arrest improves chances, (c) how much rehabilitation you're able to show (e.g. if you've since become a priest, that would be convincing evidence of rehabilitation, and (d) hardship to qualifying relative, if its been less than 15 years since the offense. Note: you don't need a qualifying relative after 15 years, but it sure helps.
jeannie111: Husband gave false name when stopped driving because he had no license. Was arrested ,released two days later,given court day ,fined and given community service.paid all bills.years later was arrested because turns out he had a warrant because he never did community service. Does he have a chance at waiver appointment?
Laurel: He has a chance at the waiver, but it looks really bad that he didn't do the community service. It shows lack of rehabilitation and lack of respect for the law.
Laurel: Guys, usually when I'm late, I keep the chat open for the period of time that I was late. Unforutnately I am unable to do that today.
Laurel: I am in the process of moving so that I can eliminate my lengthy daily commute, giving more time to my practice. Unfortunately, that temporarily means I actually have less time. The office will also be moving within the next 30 days. I do not anticipate any problems meeting any of my deadlines. The new office is about four times larger and will be able to accomodate more staff. I will be hiring more people starting in May. Please bear with me during this transition period. In the end, my office will be much better able to serve everyone's needs and can better accomodate more cases. Thank you.
Laurel: I am planning on having the chat next week at the normal time. See you then!