Laura
08-14-2007, 10:37 PM
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.
traci: Do you know why December waiver got letters before Sept, Oct Nov, why they are going out of order
Laurel: The backlog pile was split up between Juarez, Mexico City and I think Tijuana (TJ). Its possible that they are making decisions at different rates. Its also possible that there was something compelling about the ones filed later that were decided earlier. I really don't know.
Laurel: I can try to find out for sure, but I do know they are getting through them as fast as they can.
lady: Good morning laurel, My husband is elgible for the 601 waiver , however 2 years ago he let his brother borrow his expired drivers liscense because his brother needed an ID to fly to Mexico. Do you think this will be a problem when my husband has his interwiew? If it is a problem how do we prove it was not my husband?
Laurel: Did his brother use the document to re-enter? If so, then he assisted in helping someone enter illegally, which is a big problem. If not, then it shouldn't be a problem and probably won't even come up.
luvinmb: Hello Laurel~ Clarification for the "open appointments" announcement for us backloggers...... This open appointment is only for backloggers waiting approval, correct? So basically we will receive our waiver approval letter first. Followed by a second letter inviting us to Juarez M-TH 7-9 a.m. to pick up our visa and to bring any documentation they may request....... How long does it usually take for the second letter? Also, will the documents they may request, be the same as always: medical exam, new forms, taxes, etc......
Laurel: Yes, its only for backloggers and those who were 'referred' from the Pilot Program to the regular program. There shouldn't be any in that second category getting decisions yet except maybe an expedite. The second letter was taking a month at one point, but is now coming more quickly. If its less than a year since the first interview, you should only need updated tax forms, recent paystubs (for sponsor) and the alien's current passport.
marylou: Hi laurel, i was in U.S on tn visa and i quit my job for another , i only worked 2 weeks with other company and came back to canada for vacation. i was allowed to withdrawl appl sec 212a7A, i have my interview next week for k1 visa, will i need a waiver?
Laurel: You should be ok. My only concern is that from your set of facts it sounds like you were refused entry at one point. It is possible that even though there's no finding of misrepresentation on your records now, it could come up at the consulate. I've seen that happen before.
angela256z: If I forgot to sign my I-130 what happens?
Laurel: They'll probably reject the application, which is different from a denial. In a rejection, they send back the application intact, with the money order not cashed. You then sign and refile. Unfortunately there's been a fee increase so you will have to pay the current fee.
angela256z: Hi Laurel - Since the new SS# rules are coming my husband and I are thinking of filing the I-129F in connectiong with our I-130 which was sent July 16. I have a few questions.
1. It asks for the address for his kids, but we don't know that and the mother will not give it to us. Is it ok to leave blank?
2. If I paid $190 for my I-130 do I need to pay the $455 for the I-129F? I know if the I-130 was filed under the new fee you don't have to pay for the I-129F.
3. Are there any major pros or cons that I should be aware of? Some people say it not worth it. i don't mind paying the $1010 to adjust his status if the I-130 does not catch up. That is not an issue for us.
Laurel: For most countries there's no need to file an I-129F for K3. Only for Juarez do I generally recommend it. For other countries I usually only recommend it if you have a deportation or in a few other limited circumstances. You need to include an addendum or note stating that you don't know the current addresses of the children due to a custody dispute with their mother. You would do the I-129F for K3 for CDJ because it speeds up the process by several months. Not really any cons. You no longer need to pay a filing fee for I-129F for K3 visa.
MAMACITA: Laurel, I recently sent in an addendum to CDJ on July 23rd/ceritified mail and am now scared it may not have been matched up with our I601 file, was sent to DHS on Nov 15th, and now that we are seeing so many approvals; now thinking it may not be matched up in time?
Laurel: Keep your evidence that it was received. If you get denied and its clear from the denial that your addendum was never matched up, use your proof of receipt to do an MTR, stating that not all the evidence presented was taken into consideration.
laurafern11: I've been collecing questions....
Laurel: You're so kind.
ARodrigues: I have an I-130 in process for my Brazilian husband. When i filed, I supplied the divorce decree from my husband's previous marriage in Brazil. We just got word from the attorney in Brazil that through an "audit" of sorts, he had incorrectly dated the decree and had to modify it in public record. Well, the corrected one is dated after our marriage-making our marriage invalid. We can go down and remarry this week (per the county clerk's instructions), but what is our best bet to correct this with immigration?
Laurel: Even in a common law marriage state you've now messed up the date of the marriage. If you do live in a common law marriage state you might try to see if you can get the informal marriage registered and then just update the I-130 case with the evidence of common law marriage, but that's going to get really complex and could lead to more delays than just refiling the I-130.
leth: Hi Good Morning Ms. Laurel! I heard you're expert in waivers. I would like to ask you about I-212. My husband is Brazilian, he's an EWi here, got caught and released. He enter year 2000, we're married and have a 3yr old daughter. Im USC. He got deported Nov.2006. Got approved I-130 the day of his interview. My lawyer filed I-824 and I have the answer letter from the immigration saying he needs to file I-212 to re-enter.But din't say about I-601. Is he going to need I-601 later on when the I-212 got approved if ever?
Laurel: Yes, he needs an I-601 for the six years of unlawful presence.
petal07: Hi Laurel...thanks for having the chat even during your vaction..I hope it is going good. Could you give those of us who are not using an attorney just an opinion on how to assemble our HSL package and I601 & G-325A?
Laurel: There's a lot of advice on my memo. For final assembly, I put the documents in the following order: (a) Cover letter (don't always use one), (b) form G-28 (optional form, used only when you have an attorney), (c) form I-601, (d) form I-212 (if required), form G-325A (if required), other documents requested by consulate (it pretty much just South America where you have to file a bunch of other vital records with the waiver packet), (e) attorney's brief, and (d) supporting documents in the order in which they are mentioned in the brief.
hell0kitty: hi laurel i have my pick up date 0ct 10 f0r k3 in cd juarez, after that, d0 i have t0 c0ntinue the pr0cess 0f my i-130? 0r filed i-485 0r b0th i have n0 idea what's next
Laurel: Actually, I'm glad you asked this question because I may start changing my advice on this one due to the fee increase. Usually, once a K3/601 client has entered the US on a K3 subsequent to I-601 approval, I recommend they remain in the US until they have their green card, meaning I recommend adjusting status. This is because if anything goes wrong at the consulate or the border, the alien is at a disadvantage in terms of fighting an adverse decision. The chances of this happening post-601 approval are small, but my attitude was that even if its a small risk, why take that risk. Now, however the filing fee increases make adjustment of status so expensive compared to completing the immigrant visa process, the money saved may just be worth that small risk of something going wrong.
laurafern11: Oops. #1 Do you have any information on waiver processing times through Accra, Ghana? A new member on I2US was concerned - his wife filed a waiver in December 2006 and they have not heard anything yet. Is this unusual?
Laurel: I don't think I've had any go through there yet. I've had a few others through African, but none through Accra.
Jancy: Laurel- sorry to jump right in with questions but....I wrote CDJ an email asking why it was necessary for my fiance to repay the visa fee (we completed the K-1 interview and the I-601 was recently approved) since we are comming to pick up the visa. Here was there response: " We should clarify that this is not an appointment to “pick up” a visa, but rather an interview where it will be determined if your fiancé is eligible to receive a visa.
All the documents Mr. XXX submitted in his last interview are valid for one year. That is why he needs to renew all forms, submit new photographs, present a valid passport, get a new medical exam, and re-pay the visa fee." I don't worry about repaying but it bothered me that they pointed out it was not a pick up. What do you think???
Laurel: Its officially an "interview" even if its actually a visa pick up. They are technically correct and its withint their authority to conduct the entire interview again. Some of my client have had that experience - where they do a whole new interview. This happens most commonly in Rio. Anyway, just humor them and do as they ask.
alg: Is the pilot program is CDJ a temporary program?
Laurel: Yes and no. All Pilot Programs are officially temporary, but the intent is to make them permanent should things go the way they anticipate.
dduran: Hi Laurel I filed back in 2001 for Irma and her two sons, she was widow 94 exp. another son here in US. Two sons grown did time jail 1 was deported 2-3 yr ago now lives in Washington w/wife & child. The other put in jail this year for drugs & gun. Irma has now 2 US Children 1 has medical problems. Will the son's beable to file waivers.
Laurel: Depending on the crimes the sons might not be eligible for a waiver. The one that got put away for drugs probably won't be unless it was simple possession of marijuana. Even if they're eligible, it might not be worth trying, again depending on the crimes. I've gotten criminal waivers before, but normally for very minor crimes committed more than 8-10 years ago.
lady: A few years ago a notario filed for AOS for my husband, which he was not elglbe for beacuse he EWI. Of course it got denied at the interwiew but the I-130 was approved my husband was never put into removal {so far}. This was about 3 years ago should we file a new 130 or can we just transfer the one that was approved? BTW my husband is still here in the US
Laurel: If he was assigned an alien number, I would check with the EOIR 800 number to see whether he was placed in proceedings. If he really hasn't been in proceedings, you might try either filing an I-824 or filing an I-129F.
laurafern11: 2. Next, a new member to the forum, processing through CDJ, had their visa interview and filed their first I-601 with a very simple letter in August 2005. They knew little about what was normal obviously, and are still waiting (!!!). In April they hired a new attorney who sent in a new hardship packet for them. Apparently, the attorney just sent a new hardship letter/brief, and did not actually contact the Consulate/DHS to see what was going on. After finding I2US a month or so ago and realizing his case was completely abnormal, he pursued a Congressional inquiry but has not heard anything new yet. He wanted me to ask you if you think it is even possible that his new hardship packet was put together with the original I-601 filed in 2005? Or if he will have to start over, or whatever advice you might have.
Laurel: Continue with the Congressional inquiry, but also email the consulate to request a new IV interview. Sometimes they can give some useful info.
petal07: We finally got our ist interview date for Sept. 27th. I have some doctor letters dated in July for my HSL..should I have them do a new recently signed letter?
Laurel: Depending on the medical condition, I usually consider them out of date after about three months. But there's no hard-and-fast rule. I think letters dated in July for a September filing should be fine.
luvinmb: I want clarification that we are okay with an answer that we submitted. Okay my fiance was told that he had to do the waiver for lying about working here on his tourist visa....etc.....Now we are waiting approval and I have had 7 long months to over analyze everything! On his G-325A we put that his residence addresses for the last 10 years as his Mexico address and I attached an excel spreadsheet listing all employment for the last 10 years. Now, at the border he admitted to working in US off and on for 8 months total. But, because we a) have a hard time even pinpointing his visits & b)we know that he only worked small amounts of the time during his visits, etc. we did not list this as an "employment" history because it would have been way to difficult to put a week here and a month here, etc....So should we just again be prepared to answer honestly like I just did in this explanation. We just don't want them to think we are hiding anyting.......
Laurel: I don't understand why you've listed his Mexico address as his address for the past ten years. For the employment, when someone's been working here and there at lots of places over a period of time, I sometimes write "various - day labor" or something like that.
cm21om25: The I-129F for K3 visa is free?
Laurel: It is now. You will still have to pay the nonimmigrant visa fee (around $100) when its time for the interview.
laurafern11: 3. If a person's immigration history is as follows:
Attempted EWI for the first time in 2001. There were several "catch and release" incidents. The immigrant states he never saw a judge, although it's possible he stayed overnight in detention at one point before being released. Immigrant finally "made it" and was in the U.S. until a few weeks ago, when he was picked up at some random traffic stop (or something) and later detained by ICE. He is now married to a USC, they have filed an I-130 but it has not been approved yet.
At his removal hearing he was not given VD, and was told that he would not be eligible for a waiver for 10 years, because the gov't records show he was previously given voluntary departure on one of the entries he thought was a catch and release, and then subsequently entered. He was told that he had a 10-year bar after he was given VD (even though he didn't accumulate more than a day of unlawful presence) and then re-entered and now has another 10-year bar for his (pending) removal. The question I guess is, if a person EWIs, is caught and then given VD, then re-enters and accumulates a subsequent period of unlawful presence, does that make them 9(c) ineligible for an I-601 waiver? Or is it possible that the U.S. judge wouldn't completely understand the eligibility for a waiver of extreme hardship on behalf of a USC relative and that this couple will actually be able to submit a waiver when they have their interview in CDJ?
Laurel: If he was unlawfully present more than one year in the aggregate, left and came back EWI, OR if he was deported/removed left and came back EWI, then 9C applies. VD is not a deportation. EWI after VD does not trigger 9C. The judge is wrong, I'm right.
Laurel: Is it possible for immigration judges to get the law wrong? Oh, yes, my fellow Americans, it is possible.
Susan: I know every case is different, but is there some "pattern" for those people who are sent to the backlog when using the pilot program. For example..people with criminal records, etc. Or is it primarily based on the evidence provided in the HSL.
Laurel: Primarly criminal records (including arrests for which charges were dismissed) and people not submitting enough evidence of the claimed hardships.
Laurel: I decided to get away from the phone this week and went to a coffee shop (but not the ****roach coffee shop). Rami just walked by. You know, the one I fired. He's ignoring me.
MAMACITA: Can you see if Warren can verify if the backlogged people who already have their set appts get to take advantage of this call in open appts program, isn't fair for them to wait this out longer than those of us still waiting on our waiver approvals?
Laurel: It really sounds like a question for Mr. B.
Laurel: You see, there's kind of a waiver bubble. A few years ago CIS changed the way they adjudicated I-130s and suddenly immediate relatives that had been waiting in a two-year I-130 backlog got approved, creating a big bubble of approved I-130s. The bubble then went to NVC, which handled it pretty well. The bubble moved on to the consulate in Juarez and Mr. B, causing wait times for immigrant visas to go from a month or two to twelve months. A lot of these people needed waivers, thereby sending the bubble over to CDJ-CIS and Warren. Warren is handling it and is now sending the bubble back to Mr. B, who now has the bulk of the bubble once again.
MAMACITA: What happens if the finger prints @ the infopass interview are not valid or verifiable? Do they take them again and at that point how many times before they would be approved?
Laurel: They would have to take them again I suppose. If they were 'bad' again, I'm not sure what would happen. Delays.
angela256z: But they already cashed my check so does that mean they checked and it is signed?
Laurel: Oops, they're supposed to check that the forms are signed before cashing the check. Ok, well its in process now so they'll have to send you an RFE (Request for Evidence).
cm21om25: Laurel, On your fees page what to you mean by free of accounting to those who use paypal? Is that interest?
Laurel: I'm not currently charging interest, but probably will start by the end of the year. Pretty much everyone either pays on payment plan via PayPal or pays upfront via check, so it hasn't really come up, but when I wrote that I meant simply a flat accounting fee each month of a couple of bucks.
meesh: Laurel,
Laurel: Meesh
alaura: My question is on a Humanitarian Visa, I am Citizen and I applied for my husband and have lots of medical evidence if needed for a waiver due to my transplant and other medical issues as well as my sons medical issues but I have heard we may not qualify for waiver due to overstay in the US and more than one illegal entrance what are our chances of being granted wiver?
Laurel: Humanitarian Parole is different from a waiver. For H Parole one of the things you have to show is that you aren't eligible for a waiver. Generally speaking, H Parole is for aliens to enter temporarily to receive medical treatment that cannot be obtained in the alien's home country. It can be used in a limited set of other circumstances, but that's almost always the reason to grant H Parole. It is not used to bring in the alien for moral support when the US citizen is getting medical treatment.
meesh: Laurel- On the DS-230, Part II, Question 30 h, it refers to aliens who have been unlawfully present. I want to confirm that I would answer YES, as my EWI husband has been unlawfully present for over a year. Thanks!
Laurel: Yes.
MAMACITA: Do you see this happening very often that they don't match up the additional info sent to DHS/Warren? Hope not?
Laurel: It happens sometimes and is something to be careful of. Warren says the best way to make sure it gets matched up correctly is to clearly print the consular case number (CDJ number) on the addendum.
meesh: In regards to assembling the hardship letter with documention, would you recommend using tabs to organize the evidence? Or, do you have another method that you use, that you think the consulate in CDJ would prefer?
Laurel: I don't usually use tabs. I find its cheaper and faster and looks better to put a colored sheet of paper in between supporting documents with the appendix number clearly printed at the bottom of the colored sheet of paper.
Laurel: If you do choose to use tabs, be sure to put them along the bottom, not the side. All immigration files are put in folders that have a top two-prong tab, so they will be flipping pages from the bottom, not the side, For that reason, do not whole-punch the side and do not double side your pages.
cm21om25: If the waiver you write is denied does it cost another 5000 for you to rewrite it?
Laurel: No. If/when the case is denied we discuss what to do next. I've never charged someone the full fee for a rewrite or appeal if I filed the original waiver packet.
Laurel: So much will depend on the reason for denial, so I can't really give a quote to anyone on what subsequent action would cost until the case is actually denied.
cm21om25: If a waiver is denied for a k3 visa can you do another waiver the I130 interview or do you have to start all over?
Laurel: You should be able to file a new waiver at the I-130 interview.
cm21om25: If my husband from Mexico applies for to be a US Citizen would he than have dual nationality or only US Citizen?
Laurel: The US has always allowed dual citizenship. A few years ago (I forget how many) Mexico also began to allow it.
luvinmb: Why would Jancy have to repay the visa fee again, when they have stopped making pick up people repay?
Laurel: They stopped making them pay for immigrant visa pickups. I don't know what's going on with the nonimmigrant visa pickups.
dduran: Forgot, did you have a great mini vac?
Laurel: I worked Monday. Yesterday the kids and I had a fabulous day at the beach. It was cloudy, making it less hot and less chance of sunburn. And the surf was incredibly calm, like I've never seen it before. Great for playing in the ocean with small children. We have the room all week, but now I'm working today and probably tomorrow. I had two clients with deadlines this week. I'm hoping to be able to take Friday off. We'll see.
Lexi: I thought Rami was in Boston?
Laurel: Lizz is in Boston. Rami is in Houston.
Laurel: Ok, its 12:15. See you all next week.
traci: Do you know why December waiver got letters before Sept, Oct Nov, why they are going out of order
Laurel: The backlog pile was split up between Juarez, Mexico City and I think Tijuana (TJ). Its possible that they are making decisions at different rates. Its also possible that there was something compelling about the ones filed later that were decided earlier. I really don't know.
Laurel: I can try to find out for sure, but I do know they are getting through them as fast as they can.
lady: Good morning laurel, My husband is elgible for the 601 waiver , however 2 years ago he let his brother borrow his expired drivers liscense because his brother needed an ID to fly to Mexico. Do you think this will be a problem when my husband has his interwiew? If it is a problem how do we prove it was not my husband?
Laurel: Did his brother use the document to re-enter? If so, then he assisted in helping someone enter illegally, which is a big problem. If not, then it shouldn't be a problem and probably won't even come up.
luvinmb: Hello Laurel~ Clarification for the "open appointments" announcement for us backloggers...... This open appointment is only for backloggers waiting approval, correct? So basically we will receive our waiver approval letter first. Followed by a second letter inviting us to Juarez M-TH 7-9 a.m. to pick up our visa and to bring any documentation they may request....... How long does it usually take for the second letter? Also, will the documents they may request, be the same as always: medical exam, new forms, taxes, etc......
Laurel: Yes, its only for backloggers and those who were 'referred' from the Pilot Program to the regular program. There shouldn't be any in that second category getting decisions yet except maybe an expedite. The second letter was taking a month at one point, but is now coming more quickly. If its less than a year since the first interview, you should only need updated tax forms, recent paystubs (for sponsor) and the alien's current passport.
marylou: Hi laurel, i was in U.S on tn visa and i quit my job for another , i only worked 2 weeks with other company and came back to canada for vacation. i was allowed to withdrawl appl sec 212a7A, i have my interview next week for k1 visa, will i need a waiver?
Laurel: You should be ok. My only concern is that from your set of facts it sounds like you were refused entry at one point. It is possible that even though there's no finding of misrepresentation on your records now, it could come up at the consulate. I've seen that happen before.
angela256z: If I forgot to sign my I-130 what happens?
Laurel: They'll probably reject the application, which is different from a denial. In a rejection, they send back the application intact, with the money order not cashed. You then sign and refile. Unfortunately there's been a fee increase so you will have to pay the current fee.
angela256z: Hi Laurel - Since the new SS# rules are coming my husband and I are thinking of filing the I-129F in connectiong with our I-130 which was sent July 16. I have a few questions.
1. It asks for the address for his kids, but we don't know that and the mother will not give it to us. Is it ok to leave blank?
2. If I paid $190 for my I-130 do I need to pay the $455 for the I-129F? I know if the I-130 was filed under the new fee you don't have to pay for the I-129F.
3. Are there any major pros or cons that I should be aware of? Some people say it not worth it. i don't mind paying the $1010 to adjust his status if the I-130 does not catch up. That is not an issue for us.
Laurel: For most countries there's no need to file an I-129F for K3. Only for Juarez do I generally recommend it. For other countries I usually only recommend it if you have a deportation or in a few other limited circumstances. You need to include an addendum or note stating that you don't know the current addresses of the children due to a custody dispute with their mother. You would do the I-129F for K3 for CDJ because it speeds up the process by several months. Not really any cons. You no longer need to pay a filing fee for I-129F for K3 visa.
MAMACITA: Laurel, I recently sent in an addendum to CDJ on July 23rd/ceritified mail and am now scared it may not have been matched up with our I601 file, was sent to DHS on Nov 15th, and now that we are seeing so many approvals; now thinking it may not be matched up in time?
Laurel: Keep your evidence that it was received. If you get denied and its clear from the denial that your addendum was never matched up, use your proof of receipt to do an MTR, stating that not all the evidence presented was taken into consideration.
laurafern11: I've been collecing questions....
Laurel: You're so kind.
ARodrigues: I have an I-130 in process for my Brazilian husband. When i filed, I supplied the divorce decree from my husband's previous marriage in Brazil. We just got word from the attorney in Brazil that through an "audit" of sorts, he had incorrectly dated the decree and had to modify it in public record. Well, the corrected one is dated after our marriage-making our marriage invalid. We can go down and remarry this week (per the county clerk's instructions), but what is our best bet to correct this with immigration?
Laurel: Even in a common law marriage state you've now messed up the date of the marriage. If you do live in a common law marriage state you might try to see if you can get the informal marriage registered and then just update the I-130 case with the evidence of common law marriage, but that's going to get really complex and could lead to more delays than just refiling the I-130.
leth: Hi Good Morning Ms. Laurel! I heard you're expert in waivers. I would like to ask you about I-212. My husband is Brazilian, he's an EWi here, got caught and released. He enter year 2000, we're married and have a 3yr old daughter. Im USC. He got deported Nov.2006. Got approved I-130 the day of his interview. My lawyer filed I-824 and I have the answer letter from the immigration saying he needs to file I-212 to re-enter.But din't say about I-601. Is he going to need I-601 later on when the I-212 got approved if ever?
Laurel: Yes, he needs an I-601 for the six years of unlawful presence.
petal07: Hi Laurel...thanks for having the chat even during your vaction..I hope it is going good. Could you give those of us who are not using an attorney just an opinion on how to assemble our HSL package and I601 & G-325A?
Laurel: There's a lot of advice on my memo. For final assembly, I put the documents in the following order: (a) Cover letter (don't always use one), (b) form G-28 (optional form, used only when you have an attorney), (c) form I-601, (d) form I-212 (if required), form G-325A (if required), other documents requested by consulate (it pretty much just South America where you have to file a bunch of other vital records with the waiver packet), (e) attorney's brief, and (d) supporting documents in the order in which they are mentioned in the brief.
hell0kitty: hi laurel i have my pick up date 0ct 10 f0r k3 in cd juarez, after that, d0 i have t0 c0ntinue the pr0cess 0f my i-130? 0r filed i-485 0r b0th i have n0 idea what's next
Laurel: Actually, I'm glad you asked this question because I may start changing my advice on this one due to the fee increase. Usually, once a K3/601 client has entered the US on a K3 subsequent to I-601 approval, I recommend they remain in the US until they have their green card, meaning I recommend adjusting status. This is because if anything goes wrong at the consulate or the border, the alien is at a disadvantage in terms of fighting an adverse decision. The chances of this happening post-601 approval are small, but my attitude was that even if its a small risk, why take that risk. Now, however the filing fee increases make adjustment of status so expensive compared to completing the immigrant visa process, the money saved may just be worth that small risk of something going wrong.
laurafern11: Oops. #1 Do you have any information on waiver processing times through Accra, Ghana? A new member on I2US was concerned - his wife filed a waiver in December 2006 and they have not heard anything yet. Is this unusual?
Laurel: I don't think I've had any go through there yet. I've had a few others through African, but none through Accra.
Jancy: Laurel- sorry to jump right in with questions but....I wrote CDJ an email asking why it was necessary for my fiance to repay the visa fee (we completed the K-1 interview and the I-601 was recently approved) since we are comming to pick up the visa. Here was there response: " We should clarify that this is not an appointment to “pick up” a visa, but rather an interview where it will be determined if your fiancé is eligible to receive a visa.
All the documents Mr. XXX submitted in his last interview are valid for one year. That is why he needs to renew all forms, submit new photographs, present a valid passport, get a new medical exam, and re-pay the visa fee." I don't worry about repaying but it bothered me that they pointed out it was not a pick up. What do you think???
Laurel: Its officially an "interview" even if its actually a visa pick up. They are technically correct and its withint their authority to conduct the entire interview again. Some of my client have had that experience - where they do a whole new interview. This happens most commonly in Rio. Anyway, just humor them and do as they ask.
alg: Is the pilot program is CDJ a temporary program?
Laurel: Yes and no. All Pilot Programs are officially temporary, but the intent is to make them permanent should things go the way they anticipate.
dduran: Hi Laurel I filed back in 2001 for Irma and her two sons, she was widow 94 exp. another son here in US. Two sons grown did time jail 1 was deported 2-3 yr ago now lives in Washington w/wife & child. The other put in jail this year for drugs & gun. Irma has now 2 US Children 1 has medical problems. Will the son's beable to file waivers.
Laurel: Depending on the crimes the sons might not be eligible for a waiver. The one that got put away for drugs probably won't be unless it was simple possession of marijuana. Even if they're eligible, it might not be worth trying, again depending on the crimes. I've gotten criminal waivers before, but normally for very minor crimes committed more than 8-10 years ago.
lady: A few years ago a notario filed for AOS for my husband, which he was not elglbe for beacuse he EWI. Of course it got denied at the interwiew but the I-130 was approved my husband was never put into removal {so far}. This was about 3 years ago should we file a new 130 or can we just transfer the one that was approved? BTW my husband is still here in the US
Laurel: If he was assigned an alien number, I would check with the EOIR 800 number to see whether he was placed in proceedings. If he really hasn't been in proceedings, you might try either filing an I-824 or filing an I-129F.
laurafern11: 2. Next, a new member to the forum, processing through CDJ, had their visa interview and filed their first I-601 with a very simple letter in August 2005. They knew little about what was normal obviously, and are still waiting (!!!). In April they hired a new attorney who sent in a new hardship packet for them. Apparently, the attorney just sent a new hardship letter/brief, and did not actually contact the Consulate/DHS to see what was going on. After finding I2US a month or so ago and realizing his case was completely abnormal, he pursued a Congressional inquiry but has not heard anything new yet. He wanted me to ask you if you think it is even possible that his new hardship packet was put together with the original I-601 filed in 2005? Or if he will have to start over, or whatever advice you might have.
Laurel: Continue with the Congressional inquiry, but also email the consulate to request a new IV interview. Sometimes they can give some useful info.
petal07: We finally got our ist interview date for Sept. 27th. I have some doctor letters dated in July for my HSL..should I have them do a new recently signed letter?
Laurel: Depending on the medical condition, I usually consider them out of date after about three months. But there's no hard-and-fast rule. I think letters dated in July for a September filing should be fine.
luvinmb: I want clarification that we are okay with an answer that we submitted. Okay my fiance was told that he had to do the waiver for lying about working here on his tourist visa....etc.....Now we are waiting approval and I have had 7 long months to over analyze everything! On his G-325A we put that his residence addresses for the last 10 years as his Mexico address and I attached an excel spreadsheet listing all employment for the last 10 years. Now, at the border he admitted to working in US off and on for 8 months total. But, because we a) have a hard time even pinpointing his visits & b)we know that he only worked small amounts of the time during his visits, etc. we did not list this as an "employment" history because it would have been way to difficult to put a week here and a month here, etc....So should we just again be prepared to answer honestly like I just did in this explanation. We just don't want them to think we are hiding anyting.......
Laurel: I don't understand why you've listed his Mexico address as his address for the past ten years. For the employment, when someone's been working here and there at lots of places over a period of time, I sometimes write "various - day labor" or something like that.
cm21om25: The I-129F for K3 visa is free?
Laurel: It is now. You will still have to pay the nonimmigrant visa fee (around $100) when its time for the interview.
laurafern11: 3. If a person's immigration history is as follows:
Attempted EWI for the first time in 2001. There were several "catch and release" incidents. The immigrant states he never saw a judge, although it's possible he stayed overnight in detention at one point before being released. Immigrant finally "made it" and was in the U.S. until a few weeks ago, when he was picked up at some random traffic stop (or something) and later detained by ICE. He is now married to a USC, they have filed an I-130 but it has not been approved yet.
At his removal hearing he was not given VD, and was told that he would not be eligible for a waiver for 10 years, because the gov't records show he was previously given voluntary departure on one of the entries he thought was a catch and release, and then subsequently entered. He was told that he had a 10-year bar after he was given VD (even though he didn't accumulate more than a day of unlawful presence) and then re-entered and now has another 10-year bar for his (pending) removal. The question I guess is, if a person EWIs, is caught and then given VD, then re-enters and accumulates a subsequent period of unlawful presence, does that make them 9(c) ineligible for an I-601 waiver? Or is it possible that the U.S. judge wouldn't completely understand the eligibility for a waiver of extreme hardship on behalf of a USC relative and that this couple will actually be able to submit a waiver when they have their interview in CDJ?
Laurel: If he was unlawfully present more than one year in the aggregate, left and came back EWI, OR if he was deported/removed left and came back EWI, then 9C applies. VD is not a deportation. EWI after VD does not trigger 9C. The judge is wrong, I'm right.
Laurel: Is it possible for immigration judges to get the law wrong? Oh, yes, my fellow Americans, it is possible.
Susan: I know every case is different, but is there some "pattern" for those people who are sent to the backlog when using the pilot program. For example..people with criminal records, etc. Or is it primarily based on the evidence provided in the HSL.
Laurel: Primarly criminal records (including arrests for which charges were dismissed) and people not submitting enough evidence of the claimed hardships.
Laurel: I decided to get away from the phone this week and went to a coffee shop (but not the ****roach coffee shop). Rami just walked by. You know, the one I fired. He's ignoring me.
MAMACITA: Can you see if Warren can verify if the backlogged people who already have their set appts get to take advantage of this call in open appts program, isn't fair for them to wait this out longer than those of us still waiting on our waiver approvals?
Laurel: It really sounds like a question for Mr. B.
Laurel: You see, there's kind of a waiver bubble. A few years ago CIS changed the way they adjudicated I-130s and suddenly immediate relatives that had been waiting in a two-year I-130 backlog got approved, creating a big bubble of approved I-130s. The bubble then went to NVC, which handled it pretty well. The bubble moved on to the consulate in Juarez and Mr. B, causing wait times for immigrant visas to go from a month or two to twelve months. A lot of these people needed waivers, thereby sending the bubble over to CDJ-CIS and Warren. Warren is handling it and is now sending the bubble back to Mr. B, who now has the bulk of the bubble once again.
MAMACITA: What happens if the finger prints @ the infopass interview are not valid or verifiable? Do they take them again and at that point how many times before they would be approved?
Laurel: They would have to take them again I suppose. If they were 'bad' again, I'm not sure what would happen. Delays.
angela256z: But they already cashed my check so does that mean they checked and it is signed?
Laurel: Oops, they're supposed to check that the forms are signed before cashing the check. Ok, well its in process now so they'll have to send you an RFE (Request for Evidence).
cm21om25: Laurel, On your fees page what to you mean by free of accounting to those who use paypal? Is that interest?
Laurel: I'm not currently charging interest, but probably will start by the end of the year. Pretty much everyone either pays on payment plan via PayPal or pays upfront via check, so it hasn't really come up, but when I wrote that I meant simply a flat accounting fee each month of a couple of bucks.
meesh: Laurel,
Laurel: Meesh
alaura: My question is on a Humanitarian Visa, I am Citizen and I applied for my husband and have lots of medical evidence if needed for a waiver due to my transplant and other medical issues as well as my sons medical issues but I have heard we may not qualify for waiver due to overstay in the US and more than one illegal entrance what are our chances of being granted wiver?
Laurel: Humanitarian Parole is different from a waiver. For H Parole one of the things you have to show is that you aren't eligible for a waiver. Generally speaking, H Parole is for aliens to enter temporarily to receive medical treatment that cannot be obtained in the alien's home country. It can be used in a limited set of other circumstances, but that's almost always the reason to grant H Parole. It is not used to bring in the alien for moral support when the US citizen is getting medical treatment.
meesh: Laurel- On the DS-230, Part II, Question 30 h, it refers to aliens who have been unlawfully present. I want to confirm that I would answer YES, as my EWI husband has been unlawfully present for over a year. Thanks!
Laurel: Yes.
MAMACITA: Do you see this happening very often that they don't match up the additional info sent to DHS/Warren? Hope not?
Laurel: It happens sometimes and is something to be careful of. Warren says the best way to make sure it gets matched up correctly is to clearly print the consular case number (CDJ number) on the addendum.
meesh: In regards to assembling the hardship letter with documention, would you recommend using tabs to organize the evidence? Or, do you have another method that you use, that you think the consulate in CDJ would prefer?
Laurel: I don't usually use tabs. I find its cheaper and faster and looks better to put a colored sheet of paper in between supporting documents with the appendix number clearly printed at the bottom of the colored sheet of paper.
Laurel: If you do choose to use tabs, be sure to put them along the bottom, not the side. All immigration files are put in folders that have a top two-prong tab, so they will be flipping pages from the bottom, not the side, For that reason, do not whole-punch the side and do not double side your pages.
cm21om25: If the waiver you write is denied does it cost another 5000 for you to rewrite it?
Laurel: No. If/when the case is denied we discuss what to do next. I've never charged someone the full fee for a rewrite or appeal if I filed the original waiver packet.
Laurel: So much will depend on the reason for denial, so I can't really give a quote to anyone on what subsequent action would cost until the case is actually denied.
cm21om25: If a waiver is denied for a k3 visa can you do another waiver the I130 interview or do you have to start all over?
Laurel: You should be able to file a new waiver at the I-130 interview.
cm21om25: If my husband from Mexico applies for to be a US Citizen would he than have dual nationality or only US Citizen?
Laurel: The US has always allowed dual citizenship. A few years ago (I forget how many) Mexico also began to allow it.
luvinmb: Why would Jancy have to repay the visa fee again, when they have stopped making pick up people repay?
Laurel: They stopped making them pay for immigrant visa pickups. I don't know what's going on with the nonimmigrant visa pickups.
dduran: Forgot, did you have a great mini vac?
Laurel: I worked Monday. Yesterday the kids and I had a fabulous day at the beach. It was cloudy, making it less hot and less chance of sunburn. And the surf was incredibly calm, like I've never seen it before. Great for playing in the ocean with small children. We have the room all week, but now I'm working today and probably tomorrow. I had two clients with deadlines this week. I'm hoping to be able to take Friday off. We'll see.
Lexi: I thought Rami was in Boston?
Laurel: Lizz is in Boston. Rami is in Houston.
Laurel: Ok, its 12:15. See you all next week.