monki12
04-16-2008, 06:06 PM
Laurel: Good morning. Participation in the chat does not create an attorney-client relationship.
Laurel: When you post a question to the chat, I can view it, but it will not be posted to the main chat unless I answer the question. I will not have time to answer all questions, but I will get to as many as possible.
Laurel: Please do not type in all capital letters as it is difficult to read. I will not reply to questions in all caps.
Laurel: What is posted in the chat is legal information, but it is not legal advice as I have not had the opportunity to review your case.
Laurel: My new office on Sherwood Forest is ready and we will begin the process of moving over the next two weeks. We will be able to keep receiving mail and phone messages at this address for the next six months. The name of the firm and possibly the URL will be changing as well, though we will keep this URL for probably a few years either as a mirror site or with a link to the new one. Watch for announcements with details.
monki12: From mouse7r: I recently filed both our I130 and I129f at the Chicago lock box, on March. 31st. Since then I have received all our photo evidence back which was strange. And then today, I received our I129f application back with a rejection notice saying that they do not have jurisdiction to file this petition. I thought you could file both at the same time with out having to wait for our NOA1.. so my question is, what do I do with it now? Where do I send it? Do I have to wait for my NOA1? Thank you! Or do you recommend just proceeding with the I-130? We want the fastest route.
Laurel: They are doing that to me, too. You need to wait for your I-130 receipt notice and send the I-129F to the place where the I-130 is pending. I'm preparing a statement to send to CIS HQ that this is stupid as its a waste of time to not be able to send them together, now that they are adjudicated at the same location. The whole point of the I-129F for K3 is to speed up the process and here they've added a completely unnecessary step.
Sandra162: My cousin is working on her hardship letter. Should she include a statement explaining her husband's charge in 2002 for soliciation of prostitution/plead no contest. I had asked you questions for her regarding this charge in the past in chat.
Laurel: Whenever the alien has any type of criminal record - even an arrest for which the charges were completely dismissed - always be sure to provide some sort of details of what occurred, preferably from the alien's perspective, especially when his/her perspective is not reflected in the criminal records.
george: hi laurel: what is the fee-in-amend later strategy ? how does it work? what countries can you do it in ? is it risky ?
Laurel: Some consulates give you a harder time than others. All the consulates within the quasi-jursidiction of the Warsaw CIS office encourage the fee-in-amend-later strategy. Other consulates will refuse to send the packet to CIS unless it looks complete or nearly complete. There is a lot of inconsistency. But with the fee-in-amend-later strategy, you pay the fee and file the form at the consulate and get them to send the case to CIS. This gets you in the queue for adjudication, which can be 6+ months, and in the meantime you prepare your case. There are two risks: (a) that the consulate will give you a hard time forwarding it, and (b) that they will adjudicate your waiver before you've handed in amendments.
Kaleb: Hi Laurel. Do I have to mention everything I have for the financial part in the HSL? I bought my house 15 years ago and if I sell it now I would actually make a good profit. It would be a hardship to sell the house I’ve lived for 15 years, but financially won’t be. Should I just mention what I still owe to the bank? Would it be a problem if I don’t mention my house at all? I also own another property where my business is and that is paid off. Thanks. Thanks a lot for your always valuable information.
Laurel: As always - its hard for me to comment on whether a certain argument should be included in your waiver packet or not as all the arguments fit together and whether to include a certain argument might depend on what other arguments you have available. However, in regard to this, I will say that you can make an argument about leaving your home and community without making it a financial argument.
chalakita: Laurel - The D230 request information about my parents who are here ilegally too. My husband (USC) and I (EWI) sent our I-130 last month. Are they gonna ask me about my parents in the interview? I wouldnt lie in the forms, but I wanna make sure I wouldnt get them in trouble.
Laurel: It is extremely unlikely that what you write on the DS-230 will precipitate a visit from ICE to your parents' house. If your parents are not wanted criminals or repeat deportees, CIS and ICE just don't have the time to go get them, even if their address is known. Having said that, I can't PROMISE that it won't be a problem. I just think that potential consequences of listing their info are remote and its best to be truthful on the forms.
monki12: this is long: sorry.....
Laurel: They all are
Day: My husband entered the U.S. on 1992 for the first time but was here for about 2 months. Re-entered in 1998 but was here for 2 weeks because he was given voluntarily departure. He came back in 2001 and stayed since he had to leave for the visa processing. Does the 9(C) apply in his case?
Laurel: Ok ... one more time .... with FEELING ...
You trigger INA 212a9Ci if you are unlawfully present in the US for more than a year in the aggragate, depart and return without inspection.
You trigger INA 212a9Cii if you are deported/removed and come back without inspection.
It is not, repeat not, about how many EWIs you have. Its about what happened before your most recent EWI.
Mamacita: Laurel, Have you ever heard anything from Mr. B on the 9C situation and your request for interpretation?
Laurel: No, but I spoke to AILA national about it and was given the name of someone at DOS to complain to. I'll be doing that this week.
Laurel: Using someone's social security card or number, in itself, is not a false claim to citizenship. If you're using one that belongs to a citizen, well the citizen is going to go do things that citizens do, such as registering to vote. But the alien is not responsible for those things. I would double check the way people register to vote through the DMV in that state. I doubt its as simple as checking a box on your driver's license application. If you can confirm that its more complex than that, you can be sure your husband never accidentally did it himself.
And I just want to add a disclaimer: I don't encourage people to use fake socials or other people's socials. Whenever I talk to my little sister Melody about immigratin issues, she's with me until there's some mention of illegal aliens using other people's socials. Then she gets really mad.
monki12: From ccdc: My case was finally closed so now I am waiting for an appt. but a few things have come up and I was wondering if you might be able to enlighten me?
1.) husband has a DL with the SS # of some one else and when I got a copy of his Driving Record it shows he is a voter he doesn't think that he ever signed a voters card and we know he has never voted. What do you think?
Laurel: Oh, my last post was in regard to this. Guess I hit "post" instead of answer. Sorry. Cart before the horse.
adlopez: Hello Laurel, My question is the following: What does it take to do an Advisory Opinion Request and how long it may take in my case after I was not allowed in my second interview to file a waiver?
Laurel: You email your request for advisory opinion to the secret email address. Only consular officials and lawyers are allowed to do advisory opinions. It is not available to pro se applicants. If you think that advantages the wealthy in our legal system, I'm with you. I don't think there should be any legal process that are unavailable to pro se applicants. But they didn't ask me.
meemofrog: What are the chances that NVC will accept a letter asking if we can bring the birth certificate of the beneficiary to the interview instead of mailing it in with all the other items requested (we have the bc of the USC)...I called them and they said that we can mail a letter in requesting this...but they did not know if this would be accepted. Gracias!
Laurel: Sometimes they get sick of certain cases and just forward them to the consulate incomplete and send a notice to the applicant telling them to bring specified additional docs to the interview. But they are inconsistent about this. So you can make the request, but we don't know whether they will honor it.
monki12: from ccdc: husband got a copy of his brothers birth certif for him he signed his brothers name and thinks he had to give a thumb print for it but he can't remember do you think that they will check it his brother was here in usa and hubby at the time was still in Mexico?
Laurel: So, he was obtaining the birth certificate for his brother and had to lie about his identity to obtain the birth cert? But he never used the birth cert himself, right? Just obtaining it for his brother? Hmm. Well, yea, its illegal, but that's one of those that creates an ethical dillema for me because I feel like its silly to volunteer such a minor crime like that but as an attorney I can't advise anyone to lie about anything when asked a direct question. I think its only on the I-485 where they ask you if you've ever committed a crime for which you were not arrested. So you won't necessarily be asked a direct question about that in consular processing.
monki12: From wanaads: Can you ask Laurel about questions 8 and 11 on the I-601 form. For #8: Do you put the date we applied for the I-129f, the receipt date or the date of the interview - and same with the place. Is it USCIS or NVC or the embassy? For #11: Should we list all cities the applicant has lived in and just put EWI for the immigration status?
Laurel: When they ask about where the visa was applied for and the date, they are asking about the consular interview. The I-129F is not an application, its a petition. You are not applying for anything with the I-129F. You are petitioning. The DS-156 is a nonimmigrant visa application. The DS-230 is an immigrant visa application. While the forms may be collected in advance of the interview, the date of the application is the consular interview.
For locations, put cities and states where you lived and that you were EWI and make a note that there was only one entry, not multiple.
Laurel: At the new office we will have our own receptionist, not one that I share with three dozen other various professionals, and I will be able to get her to not let my phone ring while I'm doing my online chat.
meemofrog: Is it a good idea to include photos of medical conditions with the waiver packet (I know this may be "gross" and didn't know if this would help a case at all or if they would accept them)...I have had extensive dental work done due to a childhood accident, and didn't know if I should include pictures post-surgery to show the swelling/etc...since I am only half way through and will have to undergo more (financial/medical hardship)
Laurel: If the photo is dramatic, include it. Some photos really don't show the condition, such as a back problem or diabetes. But if you have a condition that is really obvious in a picture, that can make an impression on the adjudicator. One example: I included pictures of a partially amputated foot to dramatize the need for the amputee to have help around the house.
Day: My concern is that I cannot remember if we put this first entry on the I-130 or any other documents. How could this affect us/case?
Laurel: Make sure you have the correct info on the consular processing forms.
monki12: from ccdc: husband also has a few traffic tickets that ended with his licence being put on suspension but he paid that and the only other thing was his OWI we did get a court paper stating that his fine for that was paid and we got his alcohol certif the OWI was in 2001 so I am thinking that enough time has passed and I don't need to have any records of the traffic violations?
if you could tell me what you think that would help we are already facing both the 212 and 601 so I know it will be tuff but I want to make sure I have more then enough and that he will be elig. to file both waivers our attys assistant said she is nervous about the DL issue.
Laurel: OWI = operating while intoxicated?? I wish all the states would use the same acronyms. I would have the traffic documents ready in case they want them and offer them to the conoff, stating "I have some records regarding traffic incidents" and see if he wants them, but I expect he won't. Same for the waiver appoint. The OWI is more serious. Be sure to bring docs on that and docs proving that he completed alcohol treatment seven years ago and has had no alcohol-related incidents since then. Be sure to bring testimonial letters regarding his long-term sobriety. For a single drunk driving incident, you might not get referred.
amarri: My husband I212 was approved last March . We had to file I824 in September because we never received any document due to postal service in haiti. We are still waiting for resent document from Vermont . What can we do to expedite the process.
Laurel: It was approved at the Vermont Service Center? Send lots of notes to them and bring in your Congressman to get the approval notice sent to the consulate.
CFloresgirl: Regarding the 9c ban.When the person has finished out the 10 years in their home country,how difficult is it to then apply for the waiver?Thanks
Laurel: Same as if it were 9B.
monki12: From rzkal: She submitted her waiver late last year and it was recently denied due to due to a five year ban for not appearing at an immigration hearing. They also stated that there were no waivers available for the five year ban. Her husband was told by several different officers, including the one at the visa appointment that he would be eligible for a waiver based on his unlawful presence. No one ever even asked why he did not attend the hearing. Does Laurel know anything about this five year ban and if there's any way around it? Also, if they're stuck with the ban, when can they start processing again? Close to the end of the five years? Or should they wait until the five years have passed to start over?
Laurel: There was only one time that one of my clients ALMOST got hit with this 5-year bar for not attending a hearing, but we were able to show that the consular officer made a mistake. But yea, no waiver for that for five years. Sorry.
perez782: From llramafar:In June 2001my husband received a F1 visa and studied in the US for a year. After that he returen to Mexico and in June 2004 while trying to go to the US he got an order or removal and a 5 years ban. The day after getting removal, tried crossing using his old F1 visa. They didn't review documents and just let him in. We met September 2005 while he was illegally working using his student SSN. He stopped working in 2006. We moved to mexico to get married in November 2006 and take care of the situation. Our only baby was born in November 2007. Considering this timeline and his time there, was his 2004 entry EWI? Due to the lack of document check, will he get a 10 year ban (9C)? and will it be Weaivable?
Laurel: Its not 9C, but you are correct that you may have a hard time proving he didn't EWI that last time if they never gave him an I-94 card or stamp in his passport of some sort. Coming in on an F1 they are supposed to do those things. So, yes, you may have an evidence problem.
Mendoza: Hi Laurel! In regards to the advisory opinion that you would seek for unlawful presence being applied to minors for purposes of 9C (when and if you get a client to whom it applies), have you ever done one of these before? And if you did, were you successful? I have heard that results are not always good and they are generally drawn out for a while....is this true?
Laurel: I did both Advisory Opinion and MTR. I have never won an Advisory Opinion, though I have emailed the Advisory Opinion office after a denial, pointing out all the legal errors in the opinion, of which there were several (I don't have a high opinion of that office) and got a terse email admitting to the errors, but not changing the denial. I have, however, won an MTR or two at the consulate. And I have seen another attorney win an Advisory Opinion, so I know it can be done.
perez782: Laurel my husband dad is ill and we are current at the NVC, If my hubby needs to leave to see his dad, can this effect him? He will wait until his appt in CDJ?
Laurel: If he wants to go see his dad, he's free to go at any time, but he can't come back until your waiver is approved.
chalakita: Hi Laurel - A member of I2US submitted her waiver in Lima back in December, Two weeks ago her husband got a phone call from the embassy in Lima saying that the lost everything and that they need to submit everything again (unbelievable), are they gonna have to wait another 6 months to get an answer? or can she (USC) make a big complain about it? Also, I heard the Palinurus (I2US) got her approval with your help, congrats! Man, you are good
Laurel: Its not usual for a government office to lose documents or a file. But it is refreshing when they admit to it! The CIS office will use their date of receipt for purposes of the queue no matter how much you complain. Hopefully she made a copy of her waiver packet before submitting and can just send another copy.
perez782: Question from one of my friend, She got a ticket because she had no license and her windshield was crack, Does she needs to let CDJ regarding this incident?
Laurel: Probably not, but when in doubt, get the records. Well, at least for consular processing. For adjustment of status, I'm more likely to say - when in doubt, don't bother getting the records because you can always submit within 30 days by mail if they ask for it.
angela256z: For mag937 -I EWI from El Salvador in 1993 when I was 14 yrs. old.
My father (resident for more than 20 years) sponsored (me) for an unmarry child older than 21. Petion was approved.
I married a USC in 2005. My question is? I understand my father's petion was annuled when I got married. I need to know if I'm still eligible under law 245-I before we file I-130, for Laurel's quote "I-485 got to have a basis for approval" so we need to know the answer to this question before we proceed to file this "dangerous" form.
Mag.
Laurel: As long as the I-130 was "approvable" at the time it was filed - and yours was as it was, in fact, approved - then you can use it to qualify under 245i, though you will need a new petitioner - your USC husband - to actually file. You'll need a new I-130 filed by him, and you also need a copy of the old I-130 approval notice in order to qualify. Make sense? If you're still confused, hire an attorney. But you're golden. You should be able to adjust.
Laurel: As long as the I-130 was filed before April 30, 2001.
george: laurel when withdraw of application ocurs they send you back is that deportation , removal or vd and what is the diference in betwen them
Laurel: At a point of entry if they allow you to withdraw your application for admission, then it is not a deportation or removal. It is legally similar to voluntary departure. Though technically they are different - you were not granted VD - the effect is the same. You don't need an I-212.
BARONA12: Laurel im not sure you remember me, but my husbands waiver was denied I filled for and appeal. Moved to Gdl to be with my husband. Just received letter for new interview for june, but how would it affect me if I moved to Mx.
Laurel: If the appeal was approved and they're ready to issue the visa, not an issue. Just jump through the hoops and get the visa.
monki12: From Melissa31375: 1. When completeting the I-130 it asks for all previous names used, I kinda forgot to include my "birth name" you see I was adopted when I was 8 and took my step fathers last name, they even issued a new birth certificate. In my eyes this is my father and well my biological father is now deceased. So I only included on the I-130 my adopted name, my 1st marriage name, and my married last name....do you think this will be a problem and if so how do I go about fixing it?
2. Hubby had a misdeamenor assault and battery charge on him that was dismissed by the prosceutor (justifiably I might add it was B.S.) anyways I was planning to try and have his case expunged but they require him to come down to the police station to be fingerprinted to start the process, we live in Loudoun County VA (they are not kind of immigrants) do you think the pros of expungement are worth the risk of going to the police station? I mean we have to disclose the arrest anyways...
Laurel: If the I-130 is still being processed, I would send an addendum. If its already approved, inform either NVC if the case is there, or if you are awaiting interview, just inform them. If you can't get your original birth certificate, provide a document stating you tried to get it. While they can send the case back to CIS for readjudication, I think its unlikely for something like this.
For the arrest, you are going to have to explain the whole thing. It'd be great if you could get testimony from witnesses stating that your husband was entirely innocent. You'll need to do that to avoid getting the waiver referred due to a need to review further. I don't think an expungement is necessary now, though you might want to do that after he gets back from MX.
Laurel: Its noon and I gotta go. That hour blew by fast! See you all next week.
Laurel: When you post a question to the chat, I can view it, but it will not be posted to the main chat unless I answer the question. I will not have time to answer all questions, but I will get to as many as possible.
Laurel: Please do not type in all capital letters as it is difficult to read. I will not reply to questions in all caps.
Laurel: What is posted in the chat is legal information, but it is not legal advice as I have not had the opportunity to review your case.
Laurel: My new office on Sherwood Forest is ready and we will begin the process of moving over the next two weeks. We will be able to keep receiving mail and phone messages at this address for the next six months. The name of the firm and possibly the URL will be changing as well, though we will keep this URL for probably a few years either as a mirror site or with a link to the new one. Watch for announcements with details.
monki12: From mouse7r: I recently filed both our I130 and I129f at the Chicago lock box, on March. 31st. Since then I have received all our photo evidence back which was strange. And then today, I received our I129f application back with a rejection notice saying that they do not have jurisdiction to file this petition. I thought you could file both at the same time with out having to wait for our NOA1.. so my question is, what do I do with it now? Where do I send it? Do I have to wait for my NOA1? Thank you! Or do you recommend just proceeding with the I-130? We want the fastest route.
Laurel: They are doing that to me, too. You need to wait for your I-130 receipt notice and send the I-129F to the place where the I-130 is pending. I'm preparing a statement to send to CIS HQ that this is stupid as its a waste of time to not be able to send them together, now that they are adjudicated at the same location. The whole point of the I-129F for K3 is to speed up the process and here they've added a completely unnecessary step.
Sandra162: My cousin is working on her hardship letter. Should she include a statement explaining her husband's charge in 2002 for soliciation of prostitution/plead no contest. I had asked you questions for her regarding this charge in the past in chat.
Laurel: Whenever the alien has any type of criminal record - even an arrest for which the charges were completely dismissed - always be sure to provide some sort of details of what occurred, preferably from the alien's perspective, especially when his/her perspective is not reflected in the criminal records.
george: hi laurel: what is the fee-in-amend later strategy ? how does it work? what countries can you do it in ? is it risky ?
Laurel: Some consulates give you a harder time than others. All the consulates within the quasi-jursidiction of the Warsaw CIS office encourage the fee-in-amend-later strategy. Other consulates will refuse to send the packet to CIS unless it looks complete or nearly complete. There is a lot of inconsistency. But with the fee-in-amend-later strategy, you pay the fee and file the form at the consulate and get them to send the case to CIS. This gets you in the queue for adjudication, which can be 6+ months, and in the meantime you prepare your case. There are two risks: (a) that the consulate will give you a hard time forwarding it, and (b) that they will adjudicate your waiver before you've handed in amendments.
Kaleb: Hi Laurel. Do I have to mention everything I have for the financial part in the HSL? I bought my house 15 years ago and if I sell it now I would actually make a good profit. It would be a hardship to sell the house I’ve lived for 15 years, but financially won’t be. Should I just mention what I still owe to the bank? Would it be a problem if I don’t mention my house at all? I also own another property where my business is and that is paid off. Thanks. Thanks a lot for your always valuable information.
Laurel: As always - its hard for me to comment on whether a certain argument should be included in your waiver packet or not as all the arguments fit together and whether to include a certain argument might depend on what other arguments you have available. However, in regard to this, I will say that you can make an argument about leaving your home and community without making it a financial argument.
chalakita: Laurel - The D230 request information about my parents who are here ilegally too. My husband (USC) and I (EWI) sent our I-130 last month. Are they gonna ask me about my parents in the interview? I wouldnt lie in the forms, but I wanna make sure I wouldnt get them in trouble.
Laurel: It is extremely unlikely that what you write on the DS-230 will precipitate a visit from ICE to your parents' house. If your parents are not wanted criminals or repeat deportees, CIS and ICE just don't have the time to go get them, even if their address is known. Having said that, I can't PROMISE that it won't be a problem. I just think that potential consequences of listing their info are remote and its best to be truthful on the forms.
monki12: this is long: sorry.....
Laurel: They all are
Day: My husband entered the U.S. on 1992 for the first time but was here for about 2 months. Re-entered in 1998 but was here for 2 weeks because he was given voluntarily departure. He came back in 2001 and stayed since he had to leave for the visa processing. Does the 9(C) apply in his case?
Laurel: Ok ... one more time .... with FEELING ...
You trigger INA 212a9Ci if you are unlawfully present in the US for more than a year in the aggragate, depart and return without inspection.
You trigger INA 212a9Cii if you are deported/removed and come back without inspection.
It is not, repeat not, about how many EWIs you have. Its about what happened before your most recent EWI.
Mamacita: Laurel, Have you ever heard anything from Mr. B on the 9C situation and your request for interpretation?
Laurel: No, but I spoke to AILA national about it and was given the name of someone at DOS to complain to. I'll be doing that this week.
Laurel: Using someone's social security card or number, in itself, is not a false claim to citizenship. If you're using one that belongs to a citizen, well the citizen is going to go do things that citizens do, such as registering to vote. But the alien is not responsible for those things. I would double check the way people register to vote through the DMV in that state. I doubt its as simple as checking a box on your driver's license application. If you can confirm that its more complex than that, you can be sure your husband never accidentally did it himself.
And I just want to add a disclaimer: I don't encourage people to use fake socials or other people's socials. Whenever I talk to my little sister Melody about immigratin issues, she's with me until there's some mention of illegal aliens using other people's socials. Then she gets really mad.
monki12: From ccdc: My case was finally closed so now I am waiting for an appt. but a few things have come up and I was wondering if you might be able to enlighten me?
1.) husband has a DL with the SS # of some one else and when I got a copy of his Driving Record it shows he is a voter he doesn't think that he ever signed a voters card and we know he has never voted. What do you think?
Laurel: Oh, my last post was in regard to this. Guess I hit "post" instead of answer. Sorry. Cart before the horse.
adlopez: Hello Laurel, My question is the following: What does it take to do an Advisory Opinion Request and how long it may take in my case after I was not allowed in my second interview to file a waiver?
Laurel: You email your request for advisory opinion to the secret email address. Only consular officials and lawyers are allowed to do advisory opinions. It is not available to pro se applicants. If you think that advantages the wealthy in our legal system, I'm with you. I don't think there should be any legal process that are unavailable to pro se applicants. But they didn't ask me.
meemofrog: What are the chances that NVC will accept a letter asking if we can bring the birth certificate of the beneficiary to the interview instead of mailing it in with all the other items requested (we have the bc of the USC)...I called them and they said that we can mail a letter in requesting this...but they did not know if this would be accepted. Gracias!
Laurel: Sometimes they get sick of certain cases and just forward them to the consulate incomplete and send a notice to the applicant telling them to bring specified additional docs to the interview. But they are inconsistent about this. So you can make the request, but we don't know whether they will honor it.
monki12: from ccdc: husband got a copy of his brothers birth certif for him he signed his brothers name and thinks he had to give a thumb print for it but he can't remember do you think that they will check it his brother was here in usa and hubby at the time was still in Mexico?
Laurel: So, he was obtaining the birth certificate for his brother and had to lie about his identity to obtain the birth cert? But he never used the birth cert himself, right? Just obtaining it for his brother? Hmm. Well, yea, its illegal, but that's one of those that creates an ethical dillema for me because I feel like its silly to volunteer such a minor crime like that but as an attorney I can't advise anyone to lie about anything when asked a direct question. I think its only on the I-485 where they ask you if you've ever committed a crime for which you were not arrested. So you won't necessarily be asked a direct question about that in consular processing.
monki12: From wanaads: Can you ask Laurel about questions 8 and 11 on the I-601 form. For #8: Do you put the date we applied for the I-129f, the receipt date or the date of the interview - and same with the place. Is it USCIS or NVC or the embassy? For #11: Should we list all cities the applicant has lived in and just put EWI for the immigration status?
Laurel: When they ask about where the visa was applied for and the date, they are asking about the consular interview. The I-129F is not an application, its a petition. You are not applying for anything with the I-129F. You are petitioning. The DS-156 is a nonimmigrant visa application. The DS-230 is an immigrant visa application. While the forms may be collected in advance of the interview, the date of the application is the consular interview.
For locations, put cities and states where you lived and that you were EWI and make a note that there was only one entry, not multiple.
Laurel: At the new office we will have our own receptionist, not one that I share with three dozen other various professionals, and I will be able to get her to not let my phone ring while I'm doing my online chat.
meemofrog: Is it a good idea to include photos of medical conditions with the waiver packet (I know this may be "gross" and didn't know if this would help a case at all or if they would accept them)...I have had extensive dental work done due to a childhood accident, and didn't know if I should include pictures post-surgery to show the swelling/etc...since I am only half way through and will have to undergo more (financial/medical hardship)
Laurel: If the photo is dramatic, include it. Some photos really don't show the condition, such as a back problem or diabetes. But if you have a condition that is really obvious in a picture, that can make an impression on the adjudicator. One example: I included pictures of a partially amputated foot to dramatize the need for the amputee to have help around the house.
Day: My concern is that I cannot remember if we put this first entry on the I-130 or any other documents. How could this affect us/case?
Laurel: Make sure you have the correct info on the consular processing forms.
monki12: from ccdc: husband also has a few traffic tickets that ended with his licence being put on suspension but he paid that and the only other thing was his OWI we did get a court paper stating that his fine for that was paid and we got his alcohol certif the OWI was in 2001 so I am thinking that enough time has passed and I don't need to have any records of the traffic violations?
if you could tell me what you think that would help we are already facing both the 212 and 601 so I know it will be tuff but I want to make sure I have more then enough and that he will be elig. to file both waivers our attys assistant said she is nervous about the DL issue.
Laurel: OWI = operating while intoxicated?? I wish all the states would use the same acronyms. I would have the traffic documents ready in case they want them and offer them to the conoff, stating "I have some records regarding traffic incidents" and see if he wants them, but I expect he won't. Same for the waiver appoint. The OWI is more serious. Be sure to bring docs on that and docs proving that he completed alcohol treatment seven years ago and has had no alcohol-related incidents since then. Be sure to bring testimonial letters regarding his long-term sobriety. For a single drunk driving incident, you might not get referred.
amarri: My husband I212 was approved last March . We had to file I824 in September because we never received any document due to postal service in haiti. We are still waiting for resent document from Vermont . What can we do to expedite the process.
Laurel: It was approved at the Vermont Service Center? Send lots of notes to them and bring in your Congressman to get the approval notice sent to the consulate.
CFloresgirl: Regarding the 9c ban.When the person has finished out the 10 years in their home country,how difficult is it to then apply for the waiver?Thanks
Laurel: Same as if it were 9B.
monki12: From rzkal: She submitted her waiver late last year and it was recently denied due to due to a five year ban for not appearing at an immigration hearing. They also stated that there were no waivers available for the five year ban. Her husband was told by several different officers, including the one at the visa appointment that he would be eligible for a waiver based on his unlawful presence. No one ever even asked why he did not attend the hearing. Does Laurel know anything about this five year ban and if there's any way around it? Also, if they're stuck with the ban, when can they start processing again? Close to the end of the five years? Or should they wait until the five years have passed to start over?
Laurel: There was only one time that one of my clients ALMOST got hit with this 5-year bar for not attending a hearing, but we were able to show that the consular officer made a mistake. But yea, no waiver for that for five years. Sorry.
perez782: From llramafar:In June 2001my husband received a F1 visa and studied in the US for a year. After that he returen to Mexico and in June 2004 while trying to go to the US he got an order or removal and a 5 years ban. The day after getting removal, tried crossing using his old F1 visa. They didn't review documents and just let him in. We met September 2005 while he was illegally working using his student SSN. He stopped working in 2006. We moved to mexico to get married in November 2006 and take care of the situation. Our only baby was born in November 2007. Considering this timeline and his time there, was his 2004 entry EWI? Due to the lack of document check, will he get a 10 year ban (9C)? and will it be Weaivable?
Laurel: Its not 9C, but you are correct that you may have a hard time proving he didn't EWI that last time if they never gave him an I-94 card or stamp in his passport of some sort. Coming in on an F1 they are supposed to do those things. So, yes, you may have an evidence problem.
Mendoza: Hi Laurel! In regards to the advisory opinion that you would seek for unlawful presence being applied to minors for purposes of 9C (when and if you get a client to whom it applies), have you ever done one of these before? And if you did, were you successful? I have heard that results are not always good and they are generally drawn out for a while....is this true?
Laurel: I did both Advisory Opinion and MTR. I have never won an Advisory Opinion, though I have emailed the Advisory Opinion office after a denial, pointing out all the legal errors in the opinion, of which there were several (I don't have a high opinion of that office) and got a terse email admitting to the errors, but not changing the denial. I have, however, won an MTR or two at the consulate. And I have seen another attorney win an Advisory Opinion, so I know it can be done.
perez782: Laurel my husband dad is ill and we are current at the NVC, If my hubby needs to leave to see his dad, can this effect him? He will wait until his appt in CDJ?
Laurel: If he wants to go see his dad, he's free to go at any time, but he can't come back until your waiver is approved.
chalakita: Hi Laurel - A member of I2US submitted her waiver in Lima back in December, Two weeks ago her husband got a phone call from the embassy in Lima saying that the lost everything and that they need to submit everything again (unbelievable), are they gonna have to wait another 6 months to get an answer? or can she (USC) make a big complain about it? Also, I heard the Palinurus (I2US) got her approval with your help, congrats! Man, you are good
Laurel: Its not usual for a government office to lose documents or a file. But it is refreshing when they admit to it! The CIS office will use their date of receipt for purposes of the queue no matter how much you complain. Hopefully she made a copy of her waiver packet before submitting and can just send another copy.
perez782: Question from one of my friend, She got a ticket because she had no license and her windshield was crack, Does she needs to let CDJ regarding this incident?
Laurel: Probably not, but when in doubt, get the records. Well, at least for consular processing. For adjustment of status, I'm more likely to say - when in doubt, don't bother getting the records because you can always submit within 30 days by mail if they ask for it.
angela256z: For mag937 -I EWI from El Salvador in 1993 when I was 14 yrs. old.
My father (resident for more than 20 years) sponsored (me) for an unmarry child older than 21. Petion was approved.
I married a USC in 2005. My question is? I understand my father's petion was annuled when I got married. I need to know if I'm still eligible under law 245-I before we file I-130, for Laurel's quote "I-485 got to have a basis for approval" so we need to know the answer to this question before we proceed to file this "dangerous" form.
Mag.
Laurel: As long as the I-130 was "approvable" at the time it was filed - and yours was as it was, in fact, approved - then you can use it to qualify under 245i, though you will need a new petitioner - your USC husband - to actually file. You'll need a new I-130 filed by him, and you also need a copy of the old I-130 approval notice in order to qualify. Make sense? If you're still confused, hire an attorney. But you're golden. You should be able to adjust.
Laurel: As long as the I-130 was filed before April 30, 2001.
george: laurel when withdraw of application ocurs they send you back is that deportation , removal or vd and what is the diference in betwen them
Laurel: At a point of entry if they allow you to withdraw your application for admission, then it is not a deportation or removal. It is legally similar to voluntary departure. Though technically they are different - you were not granted VD - the effect is the same. You don't need an I-212.
BARONA12: Laurel im not sure you remember me, but my husbands waiver was denied I filled for and appeal. Moved to Gdl to be with my husband. Just received letter for new interview for june, but how would it affect me if I moved to Mx.
Laurel: If the appeal was approved and they're ready to issue the visa, not an issue. Just jump through the hoops and get the visa.
monki12: From Melissa31375: 1. When completeting the I-130 it asks for all previous names used, I kinda forgot to include my "birth name" you see I was adopted when I was 8 and took my step fathers last name, they even issued a new birth certificate. In my eyes this is my father and well my biological father is now deceased. So I only included on the I-130 my adopted name, my 1st marriage name, and my married last name....do you think this will be a problem and if so how do I go about fixing it?
2. Hubby had a misdeamenor assault and battery charge on him that was dismissed by the prosceutor (justifiably I might add it was B.S.) anyways I was planning to try and have his case expunged but they require him to come down to the police station to be fingerprinted to start the process, we live in Loudoun County VA (they are not kind of immigrants) do you think the pros of expungement are worth the risk of going to the police station? I mean we have to disclose the arrest anyways...
Laurel: If the I-130 is still being processed, I would send an addendum. If its already approved, inform either NVC if the case is there, or if you are awaiting interview, just inform them. If you can't get your original birth certificate, provide a document stating you tried to get it. While they can send the case back to CIS for readjudication, I think its unlikely for something like this.
For the arrest, you are going to have to explain the whole thing. It'd be great if you could get testimony from witnesses stating that your husband was entirely innocent. You'll need to do that to avoid getting the waiver referred due to a need to review further. I don't think an expungement is necessary now, though you might want to do that after he gets back from MX.
Laurel: Its noon and I gotta go. That hour blew by fast! See you all next week.