monki12
04-09-2008, 06:08 PM
I hope i got it right :wink:
Chat
Laurel: Ok, I got the chat room to work on my new computer, but the windows and stuff look just a wee bit different.
Laurel: Preliminaries ... what I say in the chat is not legal advice as I have not had the opportunity to review your case. I recommend you run everything by a lawyer before taking action. Participation in the chat does not create an attorney-client relationship.
Laurel: When you type a question in the chat, I can view it, but it will only be available for public view if I post it. Please do not send the same question twice. Please do not use all capital letters. I will not have the chance to answer every question.
monki12: hi laurel, this week im taking laurafern's place...thanks
Laurel: No one can replace Fern.
monki12: From csfloresgirl: would you ask Laurel if she would agree with this information I received from an immigration lawyer. if not to lengthy...Thanks Monki
Q:
individuals who do not qualify for the I601 because of an EWI after over 1 year of illegal presence..
For individuals in this situation, the attorney recommends that they consider nonimmigrant options. This would require the individual to leave the United States (which will begin the 10 year period), develop ties to his or her home country and maintain documentation from the date of departure. The individual can then apply for a nonimmigrant visa with a waiver (the standard for which is considerably more flexible than the I-601), and enter the United States as a nonimmigrant.
Laurel: Theoretically possible, but if you're married or engaged to a citizen, entered temporarily as a nonimmigrant is a real long shot. Furthermore, its not your goal to just come in for a few weeks every now and then. Essentially the attorney is recommending that you go wait out your ten year bar and maybe you can visit once in a while during those ten years. If that's really what you want to do, then it might work.
chalakita: Hi Laurel - I EWI in 2001. Since I've been here I've been using the same SSN (work, school, bank accounts etc) with my real name. At work we started to verify SSN (new hires only) and ironically my boss put me in charge of that. When I checked the SSN I am using it says the person is dead. I dont know whos number it is. In case that person was an USC, is my case waivable? I've never claimed to be an USC.
Laurel: That reminds me of a funny story that I can't share.
Presenting the social security number of a USC, by itself, is not a false claim to US citizenship because a social security number is not proof of US citizenship. If it were, you would have to be a citizen to get one. Using a fake social, as I've said before, is not good. I don't recommend it. However, FOR THE MOMENT, it is not dealt with harshly by CIS or DOS. That could change at any time.
12345: Mornin Ms.Laurel I wanted to find out how difficult is it to get a waiver approve from delhi I have applied for the I130 and k3 already am waiting for the apprlval but i am not sure what are the next steps and how long will it take?
Laurel: Its not all that much harder than anywhere esle, but dealing with the consulate can be a bear.
Laurel: Oh, almost forgot ...
Last week someone reported to me that she was harassed by an anti-immigrant person immediately after I departed the chat and turned off the Moderation function. Everyone please be aware that this is a public forum and anyone can come. If I identify a person attending the chat who is there for malicious purposes, I can kick the person out, but if the person does nothing to reveal his/her intentions, I wouldn't know. Please guard your identity in the chat. Thanks.
monki12: From jolantarenee: If someone is eligible for 10 year ban after 2001, applies for B visa, B visa issued, travels to US few times, can we assume that for the non-immigrant visa the consulate doesn't investigate previous overstays as carefully as they would do if the person with this situation would apply for IV, when the previous overstays would come to surface and the person would have a 10 year ban from
year 2001?
Laurel: What do you mean "eligible" for ten year bar? You mean subject to? Are you asking why the consulate would issue a B visa to someone who is subject to the bar? Yes, they do some investigating for B visas, but indeed its not as extensive as for an immigrant visa (otherwise everyone would wait 6 months for a visitor's visa) and also sometimes they make mistakes.
12345: My other question is that his passport is expired will he be able to get a new one when he does have to go back am really confused about this
Laurel: If your passport expires while you're in the US, you must contact the consulate of your home country to request a new one. Some consulates, such as the German consulate, are notorious for refusing to issue new passports to their own citizens abroad if the passport expires or is lost during a trip. If this is your situation, then you must ask your consulate for travel documents to return to your home country. If NVC is demanding a copy of a valid passport before processing the IV, this may lead to a situation where you spend more time in your home country than you otherwise would have.
cokezero000: You said in your last chat that you wanted someone else with the 9c/minor problem to hire you. How much would you charge for that if paid in full and what else would you do?
Laurel: Someone sent me an email about it. I haven't had the chance to reply yet. Was it you? I usually don't discuss fees in the chat.
unaguera: My fiance has a gross misdeameanor for intent to possess cocaine. From the chats I have read of yours this makes him ineligible for any visa for life. I am correct in believing here is not way around this, not even in ten years? Is there anywhere in the law where I can read that this particular conviction makes him ineligible or is this from your experience? And what are the legal implications of living with an illegal who has already been deported and EWId again for the other person?
Laurel: Intent to possess? That's a new one. But yea, I think it will make him permanently inadmissible with no waiver. I think my only suggestion would be if it was in the 9th circuit in the US (California) where the conviction occurred, get it expunged and you can benefit from the Federal First Offender rule under Lujan-Armendariz (citing off the top of my head here).
Implication for a USC cohabitating with an EWI/deportee? At the moment, none unless you are directly helping them with illegal activity such as the reentry. Renting a house and buying food, etc. are not in furtherance of illegal activity for an illegal alien. Getting employment might be.
Mary: Hi Laurel!. My brother's case and my case are both at NVC. Could we affect our cases each other? Would that be a problem at some poit? He is included in a petition that his wife had pending for many years ago, the petitioner is her father. They both are in Mexico and have 2 kids. My brother has a tourist visa and has been here twice. No ilegal precence. I EWI and my husband is my petitioner, we have to apply for a I-601. Thanks!
Laurel: The staff at NVC is surprisingly small, so it may be that the same person gets both cases and notes that they are related. However, I don't see any reason why that should affect either case.
angela256z: My case is now at NVC for my K3 (I-129F), but I really just want to go wtih my I-130 now. My NOA2 says that my I-130 is being forwarded to NVC also, but it is not there (both petitions approved 3/13). I am afraid that my I-130 is not really being sent to NVC even though I talked to CSC yesterday and they said yes. Is there anyone else I can be calling? The reason I worry is because I know if they are not going to forward it I need to send in a I-824 and they are backlogged 7mos so I would like to send it ASAP. Also I don't want to stope the K3 just incase I can't get the I-130 going.
Laurel: Always give them at least 30 days to do "anything". It hasn't been 30 days since the I-130 was approved. Dont' abandon the K3. The I-129F/K3 case breezes through NVC in a few weeks. I-130/IV cases can get 'stuck' there for many months.
Laurel: Repeat - please do not type in all caps. I will not reply to questions in all caps.
Sandra162: My cousin is workig on her husbands hardship letter. Her husband plead no contest to solicitation of prostitution. Should she explain the charge in the hardship letter or should she not bring up the situation? Thanks
Laurel: How long ago was it?
john: Good morning Laurel. Our waiver was denied back in October '07. We have a second consular interview in 2 weeks. My wife has been out for almost 2 years. During that time we traveled over to Europe. Will this make it difficult for us during the consular interview or waiver? She did not traveled through the US.
Laurel: The travel to Europe is no big deal.
andreh1: good morning Laurel, I EWI in 1999 when I was 13, at the time my mom was married to a salvadorian and the had an assylum petition; when I was 16 they included me in that petiton an I got an EAD which I had to renew every year; last August the officer in charge took me out of the case because I didn't live with them in CA but in tx.. before he had taken me out I had filed to renew My EAD and got it even after he had taken me out od the cae.. my questions is I read in the INA that unlawfull prescense does not cout before your 18 and if I've had my EAD sinse I was 16 I haven't been unlawfully present right? I filed an I-130 .. should I leave before my EAD expires this november??
Laurel: The EAD does not prevent you from accumulating unlawful presence. Check with an expert in asylum cases (which I'm not, I do family cases), but I don't think the officer can remove you as a derivative as long as you were under 21 at the time of the asylum application. You do not accumulate unlawful presence toward the 3/10 year bars before age 18 under INA 212a9B.
Laurel: You also do not accumulate unlawful presence while you have a bona fide asylum case pending.
monki12: From amber:
I am getting ready to send in the ds-230 and am confused what I need to send in for the court & police records. I am aware that this isn't available for Mexico. My husband has been living in the US for 10 years. The only thing he has on his record is speeding tickets. Do I need to request police records? Also, I know if I go to the local police office, I just get the information for the local area. So does it need to be state wide, county, or local? He has lived in two states, so do I need them from both areas that he has lived? Also I am a little scared about sending to the police station to get his record. He does have a driver’s license, but will they ask him questions about his status?
Laurel: If you have never lived anywhere but the US and Mexico, you do not need to get any kind of police clearance or police record unless you've had an arrest. Traffic tickets don't count.
Don't get traffic tickets, ya'all. I'm 35 and I've never had a ticket other than one failure to get my car inspected and that was dismissed. Stop speeding. Stop at the red light. Don't pass a school bus discharging children. Signal before you change lanes. A whole lot of people who are placed in removal proceedings wind up there because of traffic incidents.
perez782: Laurel why does CDJ requested parents birth certificate? What type of case are these? I'm the petitioner will they request his parents birth certificate or my parents?
Laurel: It is very unusual for them to request birth certificates of parents in a spousal case, though you need it if a parent is a co-sponsor.
chalakita: I noticed you updated your website. Are you still ofering the discount if you paid full for the waiver? Is it 10% off? Thanks
Laurel: Only to those who consulted with me prior to the update on the website. And the 10% was a temporary special to try to get people to pay upfront as I expanded.
jwooldri: Hi ---after one gats the 9c ban…do they reapply…or do they put in a I601 with the same i129......are these waivers put in with those that do not have a 10 year ban......what if there is misrepresentation on the file?
Laurel: If you're inadmissible under 9C, there is no waiver available for ten years.
jwooldri: sorry i should clarify.i ment after the 10 year ban is up to apply or file a waiver
Laurel: Ah, ok. You may need to start over with a new petition at that point if its been over a year since your last consular interview.
claudia: my waiver was denied in Jun '07, and you told me one week ago '' as long as your waiver was denied less then a year ago mail / fax a new request for a new interview. My cuestion is In Jun is going to be a year that my waiver was denied, can I request an interview in Juarez no mater if they schedule an interview after Jun, ?
Laurel: Yes. Or at least, it certainly doesn't hurt to make the request.
monki12: From Chulatica: Last week someone on a different forum was found ineligible to file a waiver due to the new 9 (c) interpretation, at their second chance interview...they had their original waiver denied. My question is, my hubby was allowed to file a waiver because the exceptions were applied to a 9c case. our waiver was backlogged and are awaiting approval. Is it possible, that after an approval they can deny us at the visa pick up because of the new intrepretation?
Laurel: Yes, and if that happens, let me know.
hrubio9: Hi laurel my question is when do I need to contact you so i can hire you as my lawyer right now I just got my NOA 1 do I contact you after i get the NOA 2 or after i have my appointment in Juarez?
Laurel: Whenever, as long as I have at least 6 weeks to prepare the waiver.
adlopez: Hello Laurel, I have made a consultation before with you to find out if my case was good to request a second interview because my waiver had been denied. So I received my second interview and went but they found my husband not eligible to file a waiver becuase he had 2 EWI and the first time I went they had taken 1 EWI because he entered when he was under age (16 Years Old) and now they tell me that the laws have changed and he couldn't file a waiver and I also spoke with Mr. Burciaga and he told me the same thing. Is there anything I could do at this point?
Laurel: The law didn't change. The local interpretation in CDJ changed. We can do an Advisory Opinion request.
frannieg: I am a USC my spouse EWI in 1993 and left in 1998 and EWI again in2000.Anything we can do to obtain visa?
Laurel: What month in 1998 did he depart?
Jessica: Any news about adding the Pilot Program to other countries yet?
Laurel: No news now, but AILA attorneys (including myself) are currently in discussion on this and other waiver-related matters with CIS officials. I don't know whether anything will come of these discussions or not and I can't share details.
12345: i have checked with the indian consulate and they require a valid visa do u think once he gets the interview letter they may renew the passport?
Laurel: I am not an expert on Indian passport law. That's a question for the Indian consulate.
angela256z: So you suggest I let K3 go through and follow up with the packets I get and then continue to check on my I-130. If after 30/60 days I still hear nothing on the I-130 what would you suggest I do? Who do I call at that point USCIS? My 30 day mark is Sunday. I just want to file the I-824 as soon as possible for the I-130 if it truely is not being sent to NVC.
Laurel: There's no benefit to abandoning the K3 at this juncture. If you are scheduled for the K3 interview and then you get a notice that the immigrant visa interview will take place a month later, THEN you can abandon the K3 and just go for the IV.
Wait another one to two weeks before making more inquiries with NVC about the immigrant visa case. Try not to be preoccupied with "what if" scenarios until you know what's going on.
Laurel: Sorry about that guys. My connection quit and I couldn't get it back up for ten minutes.
Laurel: I'll see what I can get through in the remaining minutes.
Mary: Laurel, why you don't participate in the I2US forum any more?
Laurel: Oh, I'll be back. I just got swamped.
monki12: From jolantarenee: I am married to USC, a Canadian citizen, may I travel to US and AOS there? Or that would be fraudulent intention? I Was previously denied entry to US, misrepresentation (lying to the officer at the boarder), is it worth trying?
Laurel: I can't recommend that you attempt to enter as a nonimmigrant with immigrant intent as that is fraud. To do things properly you should start with an I-130. If you committed misrep in the past, you may very well need a waiver. Unforunately, Canadian cases are some of the most lengthy. You may be looking at another two years or more.
Mendoza: Laurel, would an advisory opinion that favors the intending immigrant in the case of applying 9C to minors (or rather not applying) benefit only the people who filed it or could it benfit everyone in that circumstance? Thanks!
Laurel: Advisory Opinions only address questions of law and are meant to clarify the law to the consulates. So, it would benefit everyone.
frannieg: oops I mean he departed in December 1999 not 1998...sorry
Laurel: Ah, then its 9C for sure.
Mgarcia: Hello Laurel, about 1 month ago my doctor found a lump on my breast and i had an ultradound done which showed the lump, so he wants to do a biopsy and other exams to make sure what the lump is since they are not sure yet. He gave me a letter explaining this, is this worth including in the HSL since it was just diagnosed? our waiver is on 05/16 Thanks
Laurel: Absolutely.
Laurel: Guys, I'm really sorry about the technical problem - which I think was the router of the location where I'm sitting, rather than my own computer - but its after noon now and I really have a lot to get done. I will see you all next week as usual.
Chat
Laurel: Ok, I got the chat room to work on my new computer, but the windows and stuff look just a wee bit different.
Laurel: Preliminaries ... what I say in the chat is not legal advice as I have not had the opportunity to review your case. I recommend you run everything by a lawyer before taking action. Participation in the chat does not create an attorney-client relationship.
Laurel: When you type a question in the chat, I can view it, but it will only be available for public view if I post it. Please do not send the same question twice. Please do not use all capital letters. I will not have the chance to answer every question.
monki12: hi laurel, this week im taking laurafern's place...thanks
Laurel: No one can replace Fern.
monki12: From csfloresgirl: would you ask Laurel if she would agree with this information I received from an immigration lawyer. if not to lengthy...Thanks Monki
Q:
individuals who do not qualify for the I601 because of an EWI after over 1 year of illegal presence..
For individuals in this situation, the attorney recommends that they consider nonimmigrant options. This would require the individual to leave the United States (which will begin the 10 year period), develop ties to his or her home country and maintain documentation from the date of departure. The individual can then apply for a nonimmigrant visa with a waiver (the standard for which is considerably more flexible than the I-601), and enter the United States as a nonimmigrant.
Laurel: Theoretically possible, but if you're married or engaged to a citizen, entered temporarily as a nonimmigrant is a real long shot. Furthermore, its not your goal to just come in for a few weeks every now and then. Essentially the attorney is recommending that you go wait out your ten year bar and maybe you can visit once in a while during those ten years. If that's really what you want to do, then it might work.
chalakita: Hi Laurel - I EWI in 2001. Since I've been here I've been using the same SSN (work, school, bank accounts etc) with my real name. At work we started to verify SSN (new hires only) and ironically my boss put me in charge of that. When I checked the SSN I am using it says the person is dead. I dont know whos number it is. In case that person was an USC, is my case waivable? I've never claimed to be an USC.
Laurel: That reminds me of a funny story that I can't share.
Presenting the social security number of a USC, by itself, is not a false claim to US citizenship because a social security number is not proof of US citizenship. If it were, you would have to be a citizen to get one. Using a fake social, as I've said before, is not good. I don't recommend it. However, FOR THE MOMENT, it is not dealt with harshly by CIS or DOS. That could change at any time.
12345: Mornin Ms.Laurel I wanted to find out how difficult is it to get a waiver approve from delhi I have applied for the I130 and k3 already am waiting for the apprlval but i am not sure what are the next steps and how long will it take?
Laurel: Its not all that much harder than anywhere esle, but dealing with the consulate can be a bear.
Laurel: Oh, almost forgot ...
Last week someone reported to me that she was harassed by an anti-immigrant person immediately after I departed the chat and turned off the Moderation function. Everyone please be aware that this is a public forum and anyone can come. If I identify a person attending the chat who is there for malicious purposes, I can kick the person out, but if the person does nothing to reveal his/her intentions, I wouldn't know. Please guard your identity in the chat. Thanks.
monki12: From jolantarenee: If someone is eligible for 10 year ban after 2001, applies for B visa, B visa issued, travels to US few times, can we assume that for the non-immigrant visa the consulate doesn't investigate previous overstays as carefully as they would do if the person with this situation would apply for IV, when the previous overstays would come to surface and the person would have a 10 year ban from
year 2001?
Laurel: What do you mean "eligible" for ten year bar? You mean subject to? Are you asking why the consulate would issue a B visa to someone who is subject to the bar? Yes, they do some investigating for B visas, but indeed its not as extensive as for an immigrant visa (otherwise everyone would wait 6 months for a visitor's visa) and also sometimes they make mistakes.
12345: My other question is that his passport is expired will he be able to get a new one when he does have to go back am really confused about this
Laurel: If your passport expires while you're in the US, you must contact the consulate of your home country to request a new one. Some consulates, such as the German consulate, are notorious for refusing to issue new passports to their own citizens abroad if the passport expires or is lost during a trip. If this is your situation, then you must ask your consulate for travel documents to return to your home country. If NVC is demanding a copy of a valid passport before processing the IV, this may lead to a situation where you spend more time in your home country than you otherwise would have.
cokezero000: You said in your last chat that you wanted someone else with the 9c/minor problem to hire you. How much would you charge for that if paid in full and what else would you do?
Laurel: Someone sent me an email about it. I haven't had the chance to reply yet. Was it you? I usually don't discuss fees in the chat.
unaguera: My fiance has a gross misdeameanor for intent to possess cocaine. From the chats I have read of yours this makes him ineligible for any visa for life. I am correct in believing here is not way around this, not even in ten years? Is there anywhere in the law where I can read that this particular conviction makes him ineligible or is this from your experience? And what are the legal implications of living with an illegal who has already been deported and EWId again for the other person?
Laurel: Intent to possess? That's a new one. But yea, I think it will make him permanently inadmissible with no waiver. I think my only suggestion would be if it was in the 9th circuit in the US (California) where the conviction occurred, get it expunged and you can benefit from the Federal First Offender rule under Lujan-Armendariz (citing off the top of my head here).
Implication for a USC cohabitating with an EWI/deportee? At the moment, none unless you are directly helping them with illegal activity such as the reentry. Renting a house and buying food, etc. are not in furtherance of illegal activity for an illegal alien. Getting employment might be.
Mary: Hi Laurel!. My brother's case and my case are both at NVC. Could we affect our cases each other? Would that be a problem at some poit? He is included in a petition that his wife had pending for many years ago, the petitioner is her father. They both are in Mexico and have 2 kids. My brother has a tourist visa and has been here twice. No ilegal precence. I EWI and my husband is my petitioner, we have to apply for a I-601. Thanks!
Laurel: The staff at NVC is surprisingly small, so it may be that the same person gets both cases and notes that they are related. However, I don't see any reason why that should affect either case.
angela256z: My case is now at NVC for my K3 (I-129F), but I really just want to go wtih my I-130 now. My NOA2 says that my I-130 is being forwarded to NVC also, but it is not there (both petitions approved 3/13). I am afraid that my I-130 is not really being sent to NVC even though I talked to CSC yesterday and they said yes. Is there anyone else I can be calling? The reason I worry is because I know if they are not going to forward it I need to send in a I-824 and they are backlogged 7mos so I would like to send it ASAP. Also I don't want to stope the K3 just incase I can't get the I-130 going.
Laurel: Always give them at least 30 days to do "anything". It hasn't been 30 days since the I-130 was approved. Dont' abandon the K3. The I-129F/K3 case breezes through NVC in a few weeks. I-130/IV cases can get 'stuck' there for many months.
Laurel: Repeat - please do not type in all caps. I will not reply to questions in all caps.
Sandra162: My cousin is workig on her husbands hardship letter. Her husband plead no contest to solicitation of prostitution. Should she explain the charge in the hardship letter or should she not bring up the situation? Thanks
Laurel: How long ago was it?
john: Good morning Laurel. Our waiver was denied back in October '07. We have a second consular interview in 2 weeks. My wife has been out for almost 2 years. During that time we traveled over to Europe. Will this make it difficult for us during the consular interview or waiver? She did not traveled through the US.
Laurel: The travel to Europe is no big deal.
andreh1: good morning Laurel, I EWI in 1999 when I was 13, at the time my mom was married to a salvadorian and the had an assylum petition; when I was 16 they included me in that petiton an I got an EAD which I had to renew every year; last August the officer in charge took me out of the case because I didn't live with them in CA but in tx.. before he had taken me out I had filed to renew My EAD and got it even after he had taken me out od the cae.. my questions is I read in the INA that unlawfull prescense does not cout before your 18 and if I've had my EAD sinse I was 16 I haven't been unlawfully present right? I filed an I-130 .. should I leave before my EAD expires this november??
Laurel: The EAD does not prevent you from accumulating unlawful presence. Check with an expert in asylum cases (which I'm not, I do family cases), but I don't think the officer can remove you as a derivative as long as you were under 21 at the time of the asylum application. You do not accumulate unlawful presence toward the 3/10 year bars before age 18 under INA 212a9B.
Laurel: You also do not accumulate unlawful presence while you have a bona fide asylum case pending.
monki12: From amber:
I am getting ready to send in the ds-230 and am confused what I need to send in for the court & police records. I am aware that this isn't available for Mexico. My husband has been living in the US for 10 years. The only thing he has on his record is speeding tickets. Do I need to request police records? Also, I know if I go to the local police office, I just get the information for the local area. So does it need to be state wide, county, or local? He has lived in two states, so do I need them from both areas that he has lived? Also I am a little scared about sending to the police station to get his record. He does have a driver’s license, but will they ask him questions about his status?
Laurel: If you have never lived anywhere but the US and Mexico, you do not need to get any kind of police clearance or police record unless you've had an arrest. Traffic tickets don't count.
Don't get traffic tickets, ya'all. I'm 35 and I've never had a ticket other than one failure to get my car inspected and that was dismissed. Stop speeding. Stop at the red light. Don't pass a school bus discharging children. Signal before you change lanes. A whole lot of people who are placed in removal proceedings wind up there because of traffic incidents.
perez782: Laurel why does CDJ requested parents birth certificate? What type of case are these? I'm the petitioner will they request his parents birth certificate or my parents?
Laurel: It is very unusual for them to request birth certificates of parents in a spousal case, though you need it if a parent is a co-sponsor.
chalakita: I noticed you updated your website. Are you still ofering the discount if you paid full for the waiver? Is it 10% off? Thanks
Laurel: Only to those who consulted with me prior to the update on the website. And the 10% was a temporary special to try to get people to pay upfront as I expanded.
jwooldri: Hi ---after one gats the 9c ban…do they reapply…or do they put in a I601 with the same i129......are these waivers put in with those that do not have a 10 year ban......what if there is misrepresentation on the file?
Laurel: If you're inadmissible under 9C, there is no waiver available for ten years.
jwooldri: sorry i should clarify.i ment after the 10 year ban is up to apply or file a waiver
Laurel: Ah, ok. You may need to start over with a new petition at that point if its been over a year since your last consular interview.
claudia: my waiver was denied in Jun '07, and you told me one week ago '' as long as your waiver was denied less then a year ago mail / fax a new request for a new interview. My cuestion is In Jun is going to be a year that my waiver was denied, can I request an interview in Juarez no mater if they schedule an interview after Jun, ?
Laurel: Yes. Or at least, it certainly doesn't hurt to make the request.
monki12: From Chulatica: Last week someone on a different forum was found ineligible to file a waiver due to the new 9 (c) interpretation, at their second chance interview...they had their original waiver denied. My question is, my hubby was allowed to file a waiver because the exceptions were applied to a 9c case. our waiver was backlogged and are awaiting approval. Is it possible, that after an approval they can deny us at the visa pick up because of the new intrepretation?
Laurel: Yes, and if that happens, let me know.
hrubio9: Hi laurel my question is when do I need to contact you so i can hire you as my lawyer right now I just got my NOA 1 do I contact you after i get the NOA 2 or after i have my appointment in Juarez?
Laurel: Whenever, as long as I have at least 6 weeks to prepare the waiver.
adlopez: Hello Laurel, I have made a consultation before with you to find out if my case was good to request a second interview because my waiver had been denied. So I received my second interview and went but they found my husband not eligible to file a waiver becuase he had 2 EWI and the first time I went they had taken 1 EWI because he entered when he was under age (16 Years Old) and now they tell me that the laws have changed and he couldn't file a waiver and I also spoke with Mr. Burciaga and he told me the same thing. Is there anything I could do at this point?
Laurel: The law didn't change. The local interpretation in CDJ changed. We can do an Advisory Opinion request.
frannieg: I am a USC my spouse EWI in 1993 and left in 1998 and EWI again in2000.Anything we can do to obtain visa?
Laurel: What month in 1998 did he depart?
Jessica: Any news about adding the Pilot Program to other countries yet?
Laurel: No news now, but AILA attorneys (including myself) are currently in discussion on this and other waiver-related matters with CIS officials. I don't know whether anything will come of these discussions or not and I can't share details.
12345: i have checked with the indian consulate and they require a valid visa do u think once he gets the interview letter they may renew the passport?
Laurel: I am not an expert on Indian passport law. That's a question for the Indian consulate.
angela256z: So you suggest I let K3 go through and follow up with the packets I get and then continue to check on my I-130. If after 30/60 days I still hear nothing on the I-130 what would you suggest I do? Who do I call at that point USCIS? My 30 day mark is Sunday. I just want to file the I-824 as soon as possible for the I-130 if it truely is not being sent to NVC.
Laurel: There's no benefit to abandoning the K3 at this juncture. If you are scheduled for the K3 interview and then you get a notice that the immigrant visa interview will take place a month later, THEN you can abandon the K3 and just go for the IV.
Wait another one to two weeks before making more inquiries with NVC about the immigrant visa case. Try not to be preoccupied with "what if" scenarios until you know what's going on.
Laurel: Sorry about that guys. My connection quit and I couldn't get it back up for ten minutes.
Laurel: I'll see what I can get through in the remaining minutes.
Mary: Laurel, why you don't participate in the I2US forum any more?
Laurel: Oh, I'll be back. I just got swamped.
monki12: From jolantarenee: I am married to USC, a Canadian citizen, may I travel to US and AOS there? Or that would be fraudulent intention? I Was previously denied entry to US, misrepresentation (lying to the officer at the boarder), is it worth trying?
Laurel: I can't recommend that you attempt to enter as a nonimmigrant with immigrant intent as that is fraud. To do things properly you should start with an I-130. If you committed misrep in the past, you may very well need a waiver. Unforunately, Canadian cases are some of the most lengthy. You may be looking at another two years or more.
Mendoza: Laurel, would an advisory opinion that favors the intending immigrant in the case of applying 9C to minors (or rather not applying) benefit only the people who filed it or could it benfit everyone in that circumstance? Thanks!
Laurel: Advisory Opinions only address questions of law and are meant to clarify the law to the consulates. So, it would benefit everyone.
frannieg: oops I mean he departed in December 1999 not 1998...sorry
Laurel: Ah, then its 9C for sure.
Mgarcia: Hello Laurel, about 1 month ago my doctor found a lump on my breast and i had an ultradound done which showed the lump, so he wants to do a biopsy and other exams to make sure what the lump is since they are not sure yet. He gave me a letter explaining this, is this worth including in the HSL since it was just diagnosed? our waiver is on 05/16 Thanks
Laurel: Absolutely.
Laurel: Guys, I'm really sorry about the technical problem - which I think was the router of the location where I'm sitting, rather than my own computer - but its after noon now and I really have a lot to get done. I will see you all next week as usual.