angela256z
04-02-2008, 06:03 PM
Laurel: Hello everyone. I’m here. First, some preliminaries. What I state in this chat does not constitute legal advice as I have not had the opportunity to review your case. Participation in the chat does not create an attorney-client relationship.
Laurel: When you type to the chat, I can view what you’ve written, but it will only be visible to everyone in the main window if I post it. I will not have the opportunity to answer every question. I prefer not to answer questions I’ve already answered, when asked by someone else.
Laurel: I was supposed to be on vacation all week, but as I've been out of the office so much these past few weeks due to the move and my son's Spring Break, I decided to cut my 8-day vacation down to 3 days.
Laurel: Things are still hectic - yesterday I spent 6 hours of the business day waiting for Comcast to install phone, internet and cable in my house. Today I have to wait for the kids' new furntiure to arrive sometime between 1 and 5. And the movers come Friday morning.
Laurel: Last week it was closing, painters, locksmith, rugs. And I spent a few hours at Home Depot ordering the fridge and washer/dryer, that won't be there until the 10th!
Laurel: Anyway, questions ...
perez782: Laurel, Laura can't post our questions because of her new system at work, I try to cut and paste but it's not working. What can I do?
Laurel: Retype them? I don't know.
Pinkpig: Vacations are good things. Sounds like you are up to your eyeballs. Congratulations on all the new good and exciting things that are happening around you. Fun, fun, fun! Take care!
Laurel: Too much "good and exciting things" for the moment. Maybe it'll be good when things calm down. Of course, we have the OFFICE move coming up in a few weeks. AAAAAAARRRRRRGGGGGGGG!!
Lynette: Welcome to the club called: THE STRESS OF MOVING andhaving a life at the same time.
Laurel: And single motherhood. I need a housewife to handle all this stuff for me.
perez782: can someone ask if there is any news regarding the 2c/minor thing?
Laurel: I've sent the MTR and Advisory Opinion regarding that. But as I was doing it, I realized we had a strong question of fact and we might win the MTR based on the fact issue. It'll be great for the client, but won't resolve the issue for everyone else. So, anyone who has a clear cut 2c/minor thing without a question of fact issue, please hire me to handle it.
Pinkpig: Good housewives are really hard to find.
Laurel: Yea, I know. When I took Family Law in law school we talked about housewives in their 40s and 50s getting divorced and asked whether they should get a good chunk of the husband's estate. The arguments of the wives was that they handled the kids and household stuff so their husbands could further their careers. We poo-pooed the argument and said these women should not get money for having not worked all those years. But now I understand. Handling the kids and "the household stuff" absolutely interferes with your career. I'm still getting work done, but I see how its holding me back from what I COULD be accomplishing.
angela256z: For imisshimsomuch - Question 1: Is there a way to confirm that a waiver has arrived to the DHS in Lima ?
Question 2: If losing your job is one of your hardships (not the main one), should you stick with that job until a decision has been reached on the waiver ? Or is it ok to change jobs ?
Laurel: #1 You just have to contact them to ask. Fax is best for CIS-Lima.
#2 As long as everything is true and correct at the time you file, you do not have to inform them if the facts change after you file, though you may want to if the facts change to increase your hardship. Generally speaking, keep living your life while all of this is going on. Don't intentially do things or pass up opportunities because you want to "keep things bad" for the waiver.
angela256z: I see Perez can't post the questions so here they are. For Jennyloca -Do I need to submit pictures of me and my hubby as evidence?
and my hubby wants to have his nurse write the letter regarding his health condition instead of the Doctor writing it?do you think that will affect our chances?
Laurel: You don't HAVE TO include a photo of applicant and petitioner, though I often like to do so simply to humanize the packet. It normally doesn't have anything to do with hardship. As for getting the nurse to write the letter - it depends. If you have a medical condition with a lot of variation in severity - such as a back problem - you may need the doctor to describe how bad it is as this may not be clear from the medical records. But if you have a medical condition with no such variation - such as total blindness - then maybe its completely clear from the medical records and the nurse can provide testimony regarding the applicant's involvement in the petitioner's medical care.
angela256z: For Jsierra - ok, can someone ask laurel if she has ever seen a k3 case where the i-130 is approved and the i-129f is not approved, but the language on the NOA2 for the i-130 says that the case is being held here and in order to get it sent to NVC, i need to send the i-824? i thought it only said that when the i-129f was approved at the same time and was sent to NVC/CDJ and the i-130 was held here for AOS after waiver approval. also, if she has seen such a case, how did it get resolved? am i going to have to file the i-824 and sit in the backlog for that for their error (i clearly indicated on the form that my husband was NOT eligible for in-country AOS and i indicated CDJ as the site for the consular interview).
Laurel: I'd have to know why the I-129F was denied and what the I-130 approval notice says and what it said on the I-130 application.
angela256z: For latinsoulmate - Is being arrested for drug paraphernalia a CIMT? and if so, would they be considered inadmissable.
Laurel: Yes its a CIMT. I'm not sure whether they would be eligible for a waiver or not as its a drug-related crime, but the actual drug isn't part of the conviction. I'd have to check on that one. You might run into a drug addict accusation, though so watch for that.
CCP: When going to the AOS interview after receiving a K-3 visa, from some of the post it looks like the adjustors take the EAD and K-3 Visa at the interview. Are you still able to work waiting on the hopefully approval? And after going thru all this H E Double Hockey Sticks is there need to worry about being denied at the AOS insterview?
Laurel: They should not confiscate the EAD and K3 (I-94 card) at the interview unless they are issuing a green card. Make copies before you go and keep them.
Laurel: If they do confiscate them, but don't issue the green card yet and don't deny the I-485, I believe the EAD, while inappropriately confiscated, is still valid and you can continue to work. But if this occurs, contact an attorney right away.
auntlily: Hi Laurel, it's crunch time for us! Our appt. is April 7th. Last night after going through all the paper work and such...I reread our Biographical information and saw what the lawyers had filled out...I almost fainted!! I am so mad I hadn't noticed it before. On the area where it asks for "place of marriage" they put Laredo, Tx and well we actually got married on the Us/Mx bridge. Will that hurt us? Should I ask them to prepare a new form?
Laurel: Just cross it out and handwrite the correct info. Very minor error really and nothing to freak out about. I think you're just anxious - understandably so.
Jasmin_: Hi,
Husband is EWI 1 time only no crimminal just a couple tickets
Me and my husbnd have been married for the last 7-8 years. He got approved for his 1-130 back in 2004.
We were told that the only way to fix his status is by going to Mexico.
I need to file my taxes (Self Employed)
He is working with a false SSN.
How do we file our taxes?
Do we claim his income?
THanks
Jasmin
Laurel: He needs to get an ITIN and you can file jointly using his ITIN. You can put his income down there, but there are a lot of restrictions on the excemptions that can be claimed by someone working without employment authorization.
perez782: from Jennyloca: Laurel why is the link for the I-601 memo and notes on the CIS office on her website no long works? Thanks
Laurel: I don't know why they wouldn't be working. I'll try to fix it.
jolantarenee: Hi, Laurel. I am a beneficiary, my husband is USC, I want to fill out I-130 to help him oot, is it ok to do it? Do I have to sign on the bottom of petition as "Other person than petitioner filling out the form"?
Laurel: Neither petitioner nor beneficiary would have to state that they were the preparer as you're a party to the petition.
Laurel: I know, I know, it only states "other than petitioner", but I think its fine for beneficiary to do it.
YZEE: Hi laurel. The hsl should have the date of the waiver appt. or it's ok the date of 2 weeks before the appt? Thanks and have a great 3 day vacation.
Laurel: The 3-day vacation is over it was Saturday, Sunday and Monday, even though we have the room at the beach all week.
I would just sign and date the I-601 within a few weeks of the waiver appointment. Where it asks for date of visa appointment, that's the date of the consular interview, not the date of the waiver appointment and not the date the I-130 was filed or approved.
chalakita: Would you still score Lima with a 3?
Laurel: My practice of scoring CIS offices abroad is being eliminated. The more waivers I do, the clearer certain patterns become. One conclusion I came to within the past six months is that its not so much that different CIS offices are harder or easier, its more about what the grounds of inadmissibility are. Some offices are more likely to have more severe ground of inadmissibility coming through there than other offices. It just so happens that Lima gets a lot of misrep cases and misrep is dealt with strongly throughout the world. Juarez gets a lot of simple unlawful presence cases and simple unlawful presence is dealt with more leniently throughout the world.
Laurel: I've spoken to some other attorneys about this over the past few months and I'm finding that other attorneys who do a lot of waivers abroad are independently coming to the same conclusion.
lupita: my husband EWI in 2000, we have 2 girls together ages 5 and 2.His I-601 was recently denied(10yr ban) due to lack of extreme hardship. In the decision it states "There is no evidence of extreme hardship to a qualifying family member. As children are not qualifying family members, possible hardships to the children are off point" i dont understand how our kids dont qualify. I have requested a 2nd interview, does this mean they cant be included in my 2nd HSL?
Laurel: Hardship to the kids is relavant only as it relates back to hardship to the qualifying relative. If your kids suffer, you suffer. But you need to point out how it makes the parent suffer.
angela256z: Sorry Laurel I asked last week, but it did not get posted in the thread on I2US - Both my I-130 and I-129F were approved and on the NOA2's they state both are being sent to NVC. 21 days later and they are still not there. I know on the I-129F I wait 30 days before becoming concerned, but I want to go with an IR now. Can I call someone to make sure that my I-130 was sent to NVC and not NBC?
Laurel: Before you try to cancel your I-129F/K3 case, please bear in mind that while the I-129F/K3 case will breeze through NVC in a matter of a few WEEKS, the I-130/IV case will go through a few MONTHS of processing at NVC.
sueze: Hello! My I 212 was approved 3/07 never received notice. I filed I824 in September 07 I am still waiting . Any advice what next Im suppose to do.
Laurel: Not enough information. Where are you now? What country are you from? Are you sure you don't have additional grounds of inadmissibility?
perez782: from Cokezero000: Hi I just found out I was pregnant 2 weeks ago! this will be me and husbands 4th child! my question is should I use this as a hardship on my hsl or not mention it at all?
Laurel: I would always bring up a current pregnancy. It may or may not feature prominently in the waiver packet, but its something important that you want them to know about.
claudia: this is my cuestion. Im in Mexico since 7 years ago. I used to live in USA 3 years with a tourist visa, but I decided to left the country to arrenge my status.and I know it was a big mistake. My husband is usc and applied for me but the waiver was denied because it was lack of evidences so my husband hired a lawyer and he suggested to apply for a new 1 130 ,so we did. But you told me days ago to ask for a new interview in Juarez, the lawyer that is working in our case tried to get a new interview but never recived an answer. So, do you think is it a good time to ask for a new interview if I already sent 1 130 in october '07?
Laurel: As long as the waiver was denied less than a year ago, mail/fax a request for new interview to the consulate. Do not call.
angela256z: for jolantarnee - In I-130 they need some prove about ongoing marriage, for example joint bank acc. I live in Canada, my husband is in Florida, I DO have a US acc where he is under my name, should I add his name to my acc?Is it good thing to do since we do not live together and do not have a use for common acc, no common bills, either. I tought it may even hurt our petition if we try TOO HARD to prove our relationship. Thank you for your advice.
Laurel: They usually expect to see comingling of funds and cohabitation on an adjustment of status, but for the consular visa when the couple isn't living together so much, its not necessary. You'll need other evidence of real marriage such as photos showing the passage of time.
keithsclaudie: Laurel: How much do you charge for a matter of areguillin case?
Laurel: A "wave through case"? Same as any AOS, but beware that they can be tough to win and sometimes drag on for years. If you have very good evidence that you were waved through, then it might be worth a shot.
Mendoza: Laurel, in jsierra's case of the I-129F and I-130, the I-129F has not been denied, it only has not yet been approved. And the I-130 notice said that the paperwork indicated that they were going to adjust in the US, however, the paperwork she filled out (and still has a copy of) says they want to adjust in CDJ. The notice goes on to say that they will have to file the I-824 if they want to adjust abroad. Does she still have to pay the I-824 fee if they are at fault and especially since the backlog for it is from August 07?
Laurel: She can try sending them a copy of the originally filed I-130 with a letter requesting that they send it to the NVC as that's what was on the form. Otherwise, either file the I-824 or simply wait for the I-129F to go through.
jeannie: can I translate birth certificate for hubby?
Laurel: Translations should be done by a disinterested party, meaning someone not related to either petitioner or beneficiary by blood, adoption or marriage. It does not have to be someone you pay. It can be a friend.
Laurel: One possibility is for you to do the translation and then have a bilingual friend review and do the certification. The certification should read, "I certify that I am fluent in both Spanish (or other language) and English and the attached is a true and complete translation of the original." It should be signed and dated. It does not have to be notarized.
Crystal: My husband was given a ticket for an open container. He paid the ticket already. Our case is at the visa central now. At what point do I have to disclose this and how will it affect us. Thanks
Laurel: I would include a copy of the police report for the NVC. Get a couple of official copies. Be sure to be prepared to talk about it at the consular interview.
jeannie: Do I have to do taxes? I've never worked and hubby never has. Is it required that we do?
Laurel: If you've never worked or had any taxable income, I guess you don't need to file. But ... you'll need a co-sponsor.
justme: Hi Laura, USC applies for mother who is in the country but out of status, she overstayed her B1 visa, can we adjust status here in the states and will we have to file a I601?
Laurel: Should be able to AOS no problem.
What's my name?
jeannie: sorry meant hubby has never filed taxes and i've never worked. Is it required that we do the taxes? or will we be fine without them?
Laurel: So, he's had taxable income. He needs to file tax returns per tax law. Its not about immigration law, its about tax law. Immigration laws are not the only laws immigrants need to follow in the US. The question would be the same as a US citizen asking me if they have to file tax returns if they have taxable income. Yes!!
jolantarenee: Laurel, I was on J1 from 1998 June till 1999 December, 18 months, no 2 year residency, I have applied for B visa, got a letter where they wanted more supporting evidence, financial funds, residence back home, etc. I decided not to pursue B visa, at the time I got canadian permenent residence and emigrated to Canada on February 26, 2001. When does illegal presence begins if you do not follow up on B, I am worried I now may have 10 year ban?
Laurel: A J visa holder cannot change nonimmigrant status, so your application to change nonimmigrant status from J to B was not approvable on its face at the time you filed. Therefore you did not benefit from the tolling provision and accumulated more than a year of unlawful presence.
Crystal: I am the petitioner for my husband who is an ewi. I have never worked but I was told I still have to fill out an i 864 and get a joint sponsor. Do I just put zeros for everything and do I have to attach an explanation for not filing taxes. Also, our joint sponsor is self employed. What papers do we need to get from him.. Thanks for your help.
Laurel: Yes, you put zeros for everything and attach a statement that you have never worked nor had any taxable income and didn't need to file returns. You might also want to provide an explanation regarding what income you've been living on. Your self-employed joint sponsor will need to provide all schedules, including schedule C.
keithsclaudie: My case is a Matter of Areguillin and I was wondering if you would recommend going for it or just go to CDJ and file for a waiver?
Laurel: It depends on what evidence you have regarding your claim that you were waved through.
Crystal: Oh, I forgot to mention our case is at the Visa Central.
Laurel: Visa Central is my webiste. You probably mean the National Visa Center.
Jessica: Asking for a friend, her husband ewi'd and after consulting with a lawyer he filed the I-130 and after that the I-485 so that he could get a work auth and license. How is this going to affect them now ?
Laurel: Unless he's 245i eligible, the I-485 will be denied and he will probably be placed in deportation proceedings within 90 days of the I-485 denial.
Laurel: Guys, while revealing your unlawful presence on most forms will not lead to deportation proceedings, a denied I-485 will. That's one form you should not file unless you have a basis for approval.
ANDREH1: I EWI from honduras 1999... my mother married a salvadorian and they included me in their assylum petition, a few months ago the officer in charge of their case took me out of it stating that I no longer lived with them in CA but in TX.. I'm currently married to a USC, will this affect me if a file the I-130?
Laurel: I'd have to review, but I believe that as long as you were under 21 at the time of filing and living in the US, you should be included. But again, that's one I'd have to review the law for.
cokezero000: I'm not pregnant.
Laurel: Me neither, Thank God.
DIANE: ARE SURE YOU DON HAVE ADDITIONAL GROUNDS OF INADMISSIBILITY? I HAVE ONE CATCH RELEASE IN YUMA, ISNOT DEPORTACION OR WITH OUTH VOLUNTARY
Laurel: IF YOU TYPE IN ALL CAPS IT GIVES THE IMPRESSION THAT YOU ARE SHOUTING AND IT IS ALSO VERY HARD TO READ.
chalakita: Laurel - In case my husband and I decide to do our own waiver, could you review it? I didnt see this service in your website. Fee?
Laurel: No, because it raises too many liability issues. If you get a denial can you come back and sue me? Most courts would say 'yes'. So, if I'm going to be liable, I want to be the one to handle the case.
triste_: My housban has been cought twice coming in ileagal he is detained for being his second time and they gave him 30 days , can he still get his recidence card, we have a 4 year old child together i am a citizen and his child needs him home , i am waiting on his appt for his recidence card , what do i need before he goes to his appointment what do you suggest i do before his appt
Laurel: They gave him 30 days for what? You said he got caught on his second EWI. How long was he here after the first one? You're waiting on his appointment for residence card?? You mean you're waiting for his consular interview for an immigrant visa???
decaballero: Laurel, I am trying to expidite my husbands I-601 we were backlogged on Aug.21,2007. Due to my sons disibility.. If I paid a consutation is this something you could help me with?
Laurel: Unless its an immediately life-threatening condition, I would be very unlikely to assist with an expedite request.
Crystal: Is there anything I can begin to do now to help with the i601 approval. I do not work or go to school. I have twin boys, 2 yrs old and am pregnant. We do have a mortgage or car payment, it seems hopeless. I do not even have a medical condition. I am thinking I have about a year to find information. Any suggestions. Thanks
Laurel: If his only ground of inadmissibility is simple unlawful presence and nothing more grave, you can probably build the case with just those facts
Mishu: Is it ok to use a copy of an email as evidence in your HSL, when you are not able to get a letter?
Laurel: Sometimes. But a letter is better.
chalakita: Laurel - My husband helps his aunt (who raised him since he was 8) buying groceries and with some shores in the house. She has been in disability for more than 15 years, should we include a letter from her saying how he helps her or a letter from her doctor talking about her condition?
Laurel: Is he the USC? I would probably work her situation into the waiver packet, but I hesitate to get into particular evidence in the chat as I would really need to review the case. The evidence all works together and its difficult to evaluate particular pieces independently.
Laurel: Ok, its noon guys. There are a lot of questions waiting to be answered, but they will have to wait for next week.
Laurel: When you type to the chat, I can view what you’ve written, but it will only be visible to everyone in the main window if I post it. I will not have the opportunity to answer every question. I prefer not to answer questions I’ve already answered, when asked by someone else.
Laurel: I was supposed to be on vacation all week, but as I've been out of the office so much these past few weeks due to the move and my son's Spring Break, I decided to cut my 8-day vacation down to 3 days.
Laurel: Things are still hectic - yesterday I spent 6 hours of the business day waiting for Comcast to install phone, internet and cable in my house. Today I have to wait for the kids' new furntiure to arrive sometime between 1 and 5. And the movers come Friday morning.
Laurel: Last week it was closing, painters, locksmith, rugs. And I spent a few hours at Home Depot ordering the fridge and washer/dryer, that won't be there until the 10th!
Laurel: Anyway, questions ...
perez782: Laurel, Laura can't post our questions because of her new system at work, I try to cut and paste but it's not working. What can I do?
Laurel: Retype them? I don't know.
Pinkpig: Vacations are good things. Sounds like you are up to your eyeballs. Congratulations on all the new good and exciting things that are happening around you. Fun, fun, fun! Take care!
Laurel: Too much "good and exciting things" for the moment. Maybe it'll be good when things calm down. Of course, we have the OFFICE move coming up in a few weeks. AAAAAAARRRRRRGGGGGGGG!!
Lynette: Welcome to the club called: THE STRESS OF MOVING andhaving a life at the same time.
Laurel: And single motherhood. I need a housewife to handle all this stuff for me.
perez782: can someone ask if there is any news regarding the 2c/minor thing?
Laurel: I've sent the MTR and Advisory Opinion regarding that. But as I was doing it, I realized we had a strong question of fact and we might win the MTR based on the fact issue. It'll be great for the client, but won't resolve the issue for everyone else. So, anyone who has a clear cut 2c/minor thing without a question of fact issue, please hire me to handle it.
Pinkpig: Good housewives are really hard to find.
Laurel: Yea, I know. When I took Family Law in law school we talked about housewives in their 40s and 50s getting divorced and asked whether they should get a good chunk of the husband's estate. The arguments of the wives was that they handled the kids and household stuff so their husbands could further their careers. We poo-pooed the argument and said these women should not get money for having not worked all those years. But now I understand. Handling the kids and "the household stuff" absolutely interferes with your career. I'm still getting work done, but I see how its holding me back from what I COULD be accomplishing.
angela256z: For imisshimsomuch - Question 1: Is there a way to confirm that a waiver has arrived to the DHS in Lima ?
Question 2: If losing your job is one of your hardships (not the main one), should you stick with that job until a decision has been reached on the waiver ? Or is it ok to change jobs ?
Laurel: #1 You just have to contact them to ask. Fax is best for CIS-Lima.
#2 As long as everything is true and correct at the time you file, you do not have to inform them if the facts change after you file, though you may want to if the facts change to increase your hardship. Generally speaking, keep living your life while all of this is going on. Don't intentially do things or pass up opportunities because you want to "keep things bad" for the waiver.
angela256z: I see Perez can't post the questions so here they are. For Jennyloca -Do I need to submit pictures of me and my hubby as evidence?
and my hubby wants to have his nurse write the letter regarding his health condition instead of the Doctor writing it?do you think that will affect our chances?
Laurel: You don't HAVE TO include a photo of applicant and petitioner, though I often like to do so simply to humanize the packet. It normally doesn't have anything to do with hardship. As for getting the nurse to write the letter - it depends. If you have a medical condition with a lot of variation in severity - such as a back problem - you may need the doctor to describe how bad it is as this may not be clear from the medical records. But if you have a medical condition with no such variation - such as total blindness - then maybe its completely clear from the medical records and the nurse can provide testimony regarding the applicant's involvement in the petitioner's medical care.
angela256z: For Jsierra - ok, can someone ask laurel if she has ever seen a k3 case where the i-130 is approved and the i-129f is not approved, but the language on the NOA2 for the i-130 says that the case is being held here and in order to get it sent to NVC, i need to send the i-824? i thought it only said that when the i-129f was approved at the same time and was sent to NVC/CDJ and the i-130 was held here for AOS after waiver approval. also, if she has seen such a case, how did it get resolved? am i going to have to file the i-824 and sit in the backlog for that for their error (i clearly indicated on the form that my husband was NOT eligible for in-country AOS and i indicated CDJ as the site for the consular interview).
Laurel: I'd have to know why the I-129F was denied and what the I-130 approval notice says and what it said on the I-130 application.
angela256z: For latinsoulmate - Is being arrested for drug paraphernalia a CIMT? and if so, would they be considered inadmissable.
Laurel: Yes its a CIMT. I'm not sure whether they would be eligible for a waiver or not as its a drug-related crime, but the actual drug isn't part of the conviction. I'd have to check on that one. You might run into a drug addict accusation, though so watch for that.
CCP: When going to the AOS interview after receiving a K-3 visa, from some of the post it looks like the adjustors take the EAD and K-3 Visa at the interview. Are you still able to work waiting on the hopefully approval? And after going thru all this H E Double Hockey Sticks is there need to worry about being denied at the AOS insterview?
Laurel: They should not confiscate the EAD and K3 (I-94 card) at the interview unless they are issuing a green card. Make copies before you go and keep them.
Laurel: If they do confiscate them, but don't issue the green card yet and don't deny the I-485, I believe the EAD, while inappropriately confiscated, is still valid and you can continue to work. But if this occurs, contact an attorney right away.
auntlily: Hi Laurel, it's crunch time for us! Our appt. is April 7th. Last night after going through all the paper work and such...I reread our Biographical information and saw what the lawyers had filled out...I almost fainted!! I am so mad I hadn't noticed it before. On the area where it asks for "place of marriage" they put Laredo, Tx and well we actually got married on the Us/Mx bridge. Will that hurt us? Should I ask them to prepare a new form?
Laurel: Just cross it out and handwrite the correct info. Very minor error really and nothing to freak out about. I think you're just anxious - understandably so.
Jasmin_: Hi,
Husband is EWI 1 time only no crimminal just a couple tickets
Me and my husbnd have been married for the last 7-8 years. He got approved for his 1-130 back in 2004.
We were told that the only way to fix his status is by going to Mexico.
I need to file my taxes (Self Employed)
He is working with a false SSN.
How do we file our taxes?
Do we claim his income?
THanks
Jasmin
Laurel: He needs to get an ITIN and you can file jointly using his ITIN. You can put his income down there, but there are a lot of restrictions on the excemptions that can be claimed by someone working without employment authorization.
perez782: from Jennyloca: Laurel why is the link for the I-601 memo and notes on the CIS office on her website no long works? Thanks
Laurel: I don't know why they wouldn't be working. I'll try to fix it.
jolantarenee: Hi, Laurel. I am a beneficiary, my husband is USC, I want to fill out I-130 to help him oot, is it ok to do it? Do I have to sign on the bottom of petition as "Other person than petitioner filling out the form"?
Laurel: Neither petitioner nor beneficiary would have to state that they were the preparer as you're a party to the petition.
Laurel: I know, I know, it only states "other than petitioner", but I think its fine for beneficiary to do it.
YZEE: Hi laurel. The hsl should have the date of the waiver appt. or it's ok the date of 2 weeks before the appt? Thanks and have a great 3 day vacation.
Laurel: The 3-day vacation is over it was Saturday, Sunday and Monday, even though we have the room at the beach all week.
I would just sign and date the I-601 within a few weeks of the waiver appointment. Where it asks for date of visa appointment, that's the date of the consular interview, not the date of the waiver appointment and not the date the I-130 was filed or approved.
chalakita: Would you still score Lima with a 3?
Laurel: My practice of scoring CIS offices abroad is being eliminated. The more waivers I do, the clearer certain patterns become. One conclusion I came to within the past six months is that its not so much that different CIS offices are harder or easier, its more about what the grounds of inadmissibility are. Some offices are more likely to have more severe ground of inadmissibility coming through there than other offices. It just so happens that Lima gets a lot of misrep cases and misrep is dealt with strongly throughout the world. Juarez gets a lot of simple unlawful presence cases and simple unlawful presence is dealt with more leniently throughout the world.
Laurel: I've spoken to some other attorneys about this over the past few months and I'm finding that other attorneys who do a lot of waivers abroad are independently coming to the same conclusion.
lupita: my husband EWI in 2000, we have 2 girls together ages 5 and 2.His I-601 was recently denied(10yr ban) due to lack of extreme hardship. In the decision it states "There is no evidence of extreme hardship to a qualifying family member. As children are not qualifying family members, possible hardships to the children are off point" i dont understand how our kids dont qualify. I have requested a 2nd interview, does this mean they cant be included in my 2nd HSL?
Laurel: Hardship to the kids is relavant only as it relates back to hardship to the qualifying relative. If your kids suffer, you suffer. But you need to point out how it makes the parent suffer.
angela256z: Sorry Laurel I asked last week, but it did not get posted in the thread on I2US - Both my I-130 and I-129F were approved and on the NOA2's they state both are being sent to NVC. 21 days later and they are still not there. I know on the I-129F I wait 30 days before becoming concerned, but I want to go with an IR now. Can I call someone to make sure that my I-130 was sent to NVC and not NBC?
Laurel: Before you try to cancel your I-129F/K3 case, please bear in mind that while the I-129F/K3 case will breeze through NVC in a matter of a few WEEKS, the I-130/IV case will go through a few MONTHS of processing at NVC.
sueze: Hello! My I 212 was approved 3/07 never received notice. I filed I824 in September 07 I am still waiting . Any advice what next Im suppose to do.
Laurel: Not enough information. Where are you now? What country are you from? Are you sure you don't have additional grounds of inadmissibility?
perez782: from Cokezero000: Hi I just found out I was pregnant 2 weeks ago! this will be me and husbands 4th child! my question is should I use this as a hardship on my hsl or not mention it at all?
Laurel: I would always bring up a current pregnancy. It may or may not feature prominently in the waiver packet, but its something important that you want them to know about.
claudia: this is my cuestion. Im in Mexico since 7 years ago. I used to live in USA 3 years with a tourist visa, but I decided to left the country to arrenge my status.and I know it was a big mistake. My husband is usc and applied for me but the waiver was denied because it was lack of evidences so my husband hired a lawyer and he suggested to apply for a new 1 130 ,so we did. But you told me days ago to ask for a new interview in Juarez, the lawyer that is working in our case tried to get a new interview but never recived an answer. So, do you think is it a good time to ask for a new interview if I already sent 1 130 in october '07?
Laurel: As long as the waiver was denied less than a year ago, mail/fax a request for new interview to the consulate. Do not call.
angela256z: for jolantarnee - In I-130 they need some prove about ongoing marriage, for example joint bank acc. I live in Canada, my husband is in Florida, I DO have a US acc where he is under my name, should I add his name to my acc?Is it good thing to do since we do not live together and do not have a use for common acc, no common bills, either. I tought it may even hurt our petition if we try TOO HARD to prove our relationship. Thank you for your advice.
Laurel: They usually expect to see comingling of funds and cohabitation on an adjustment of status, but for the consular visa when the couple isn't living together so much, its not necessary. You'll need other evidence of real marriage such as photos showing the passage of time.
keithsclaudie: Laurel: How much do you charge for a matter of areguillin case?
Laurel: A "wave through case"? Same as any AOS, but beware that they can be tough to win and sometimes drag on for years. If you have very good evidence that you were waved through, then it might be worth a shot.
Mendoza: Laurel, in jsierra's case of the I-129F and I-130, the I-129F has not been denied, it only has not yet been approved. And the I-130 notice said that the paperwork indicated that they were going to adjust in the US, however, the paperwork she filled out (and still has a copy of) says they want to adjust in CDJ. The notice goes on to say that they will have to file the I-824 if they want to adjust abroad. Does she still have to pay the I-824 fee if they are at fault and especially since the backlog for it is from August 07?
Laurel: She can try sending them a copy of the originally filed I-130 with a letter requesting that they send it to the NVC as that's what was on the form. Otherwise, either file the I-824 or simply wait for the I-129F to go through.
jeannie: can I translate birth certificate for hubby?
Laurel: Translations should be done by a disinterested party, meaning someone not related to either petitioner or beneficiary by blood, adoption or marriage. It does not have to be someone you pay. It can be a friend.
Laurel: One possibility is for you to do the translation and then have a bilingual friend review and do the certification. The certification should read, "I certify that I am fluent in both Spanish (or other language) and English and the attached is a true and complete translation of the original." It should be signed and dated. It does not have to be notarized.
Crystal: My husband was given a ticket for an open container. He paid the ticket already. Our case is at the visa central now. At what point do I have to disclose this and how will it affect us. Thanks
Laurel: I would include a copy of the police report for the NVC. Get a couple of official copies. Be sure to be prepared to talk about it at the consular interview.
jeannie: Do I have to do taxes? I've never worked and hubby never has. Is it required that we do?
Laurel: If you've never worked or had any taxable income, I guess you don't need to file. But ... you'll need a co-sponsor.
justme: Hi Laura, USC applies for mother who is in the country but out of status, she overstayed her B1 visa, can we adjust status here in the states and will we have to file a I601?
Laurel: Should be able to AOS no problem.
What's my name?
jeannie: sorry meant hubby has never filed taxes and i've never worked. Is it required that we do the taxes? or will we be fine without them?
Laurel: So, he's had taxable income. He needs to file tax returns per tax law. Its not about immigration law, its about tax law. Immigration laws are not the only laws immigrants need to follow in the US. The question would be the same as a US citizen asking me if they have to file tax returns if they have taxable income. Yes!!
jolantarenee: Laurel, I was on J1 from 1998 June till 1999 December, 18 months, no 2 year residency, I have applied for B visa, got a letter where they wanted more supporting evidence, financial funds, residence back home, etc. I decided not to pursue B visa, at the time I got canadian permenent residence and emigrated to Canada on February 26, 2001. When does illegal presence begins if you do not follow up on B, I am worried I now may have 10 year ban?
Laurel: A J visa holder cannot change nonimmigrant status, so your application to change nonimmigrant status from J to B was not approvable on its face at the time you filed. Therefore you did not benefit from the tolling provision and accumulated more than a year of unlawful presence.
Crystal: I am the petitioner for my husband who is an ewi. I have never worked but I was told I still have to fill out an i 864 and get a joint sponsor. Do I just put zeros for everything and do I have to attach an explanation for not filing taxes. Also, our joint sponsor is self employed. What papers do we need to get from him.. Thanks for your help.
Laurel: Yes, you put zeros for everything and attach a statement that you have never worked nor had any taxable income and didn't need to file returns. You might also want to provide an explanation regarding what income you've been living on. Your self-employed joint sponsor will need to provide all schedules, including schedule C.
keithsclaudie: My case is a Matter of Areguillin and I was wondering if you would recommend going for it or just go to CDJ and file for a waiver?
Laurel: It depends on what evidence you have regarding your claim that you were waved through.
Crystal: Oh, I forgot to mention our case is at the Visa Central.
Laurel: Visa Central is my webiste. You probably mean the National Visa Center.
Jessica: Asking for a friend, her husband ewi'd and after consulting with a lawyer he filed the I-130 and after that the I-485 so that he could get a work auth and license. How is this going to affect them now ?
Laurel: Unless he's 245i eligible, the I-485 will be denied and he will probably be placed in deportation proceedings within 90 days of the I-485 denial.
Laurel: Guys, while revealing your unlawful presence on most forms will not lead to deportation proceedings, a denied I-485 will. That's one form you should not file unless you have a basis for approval.
ANDREH1: I EWI from honduras 1999... my mother married a salvadorian and they included me in their assylum petition, a few months ago the officer in charge of their case took me out of it stating that I no longer lived with them in CA but in TX.. I'm currently married to a USC, will this affect me if a file the I-130?
Laurel: I'd have to review, but I believe that as long as you were under 21 at the time of filing and living in the US, you should be included. But again, that's one I'd have to review the law for.
cokezero000: I'm not pregnant.
Laurel: Me neither, Thank God.
DIANE: ARE SURE YOU DON HAVE ADDITIONAL GROUNDS OF INADMISSIBILITY? I HAVE ONE CATCH RELEASE IN YUMA, ISNOT DEPORTACION OR WITH OUTH VOLUNTARY
Laurel: IF YOU TYPE IN ALL CAPS IT GIVES THE IMPRESSION THAT YOU ARE SHOUTING AND IT IS ALSO VERY HARD TO READ.
chalakita: Laurel - In case my husband and I decide to do our own waiver, could you review it? I didnt see this service in your website. Fee?
Laurel: No, because it raises too many liability issues. If you get a denial can you come back and sue me? Most courts would say 'yes'. So, if I'm going to be liable, I want to be the one to handle the case.
triste_: My housban has been cought twice coming in ileagal he is detained for being his second time and they gave him 30 days , can he still get his recidence card, we have a 4 year old child together i am a citizen and his child needs him home , i am waiting on his appt for his recidence card , what do i need before he goes to his appointment what do you suggest i do before his appt
Laurel: They gave him 30 days for what? You said he got caught on his second EWI. How long was he here after the first one? You're waiting on his appointment for residence card?? You mean you're waiting for his consular interview for an immigrant visa???
decaballero: Laurel, I am trying to expidite my husbands I-601 we were backlogged on Aug.21,2007. Due to my sons disibility.. If I paid a consutation is this something you could help me with?
Laurel: Unless its an immediately life-threatening condition, I would be very unlikely to assist with an expedite request.
Crystal: Is there anything I can begin to do now to help with the i601 approval. I do not work or go to school. I have twin boys, 2 yrs old and am pregnant. We do have a mortgage or car payment, it seems hopeless. I do not even have a medical condition. I am thinking I have about a year to find information. Any suggestions. Thanks
Laurel: If his only ground of inadmissibility is simple unlawful presence and nothing more grave, you can probably build the case with just those facts
Mishu: Is it ok to use a copy of an email as evidence in your HSL, when you are not able to get a letter?
Laurel: Sometimes. But a letter is better.
chalakita: Laurel - My husband helps his aunt (who raised him since he was 8) buying groceries and with some shores in the house. She has been in disability for more than 15 years, should we include a letter from her saying how he helps her or a letter from her doctor talking about her condition?
Laurel: Is he the USC? I would probably work her situation into the waiver packet, but I hesitate to get into particular evidence in the chat as I would really need to review the case. The evidence all works together and its difficult to evaluate particular pieces independently.
Laurel: Ok, its noon guys. There are a lot of questions waiting to be answered, but they will have to wait for next week.