monki12
04-23-2008, 06:05 PM
Laurel: I'm early
Laurel: I'll wait a few minutes before posting my standard disclaimers.
Laurel: And I'll also wait until after I've posted those disclaimers at the top of the hour before I start answering questions.
Laurel: I am very excited to announce that I am chatting from my new office!
Laurel: Phone lines and internet are operational. Desks are here.
Unfortunately, the phones are not here and the desks are not assembled. So, I'm sitting on the floor. I'm keeping my chair from the old office, one of the few furniture items that did not belong to the executive office suits, and I haven't brought it over yet. I'll do that today.
Laurel: I'll also start bringing over filed. But I plan to start working out of the new office as of .... today. Mail is still being received at the old office and phone service is still active there, so I will get those voicemails promptly.
Laurel: As soon as I tell them to they will begin forwarding calls here that are made to the old number. But I need to get all the phones first. We need special phones to handle more than two lines and most office equipment retailers, such as Best Buy, have stopped carrying them. I have ONE from Office Depot as that's all they had in stock. But we need at least two before Veronica can start working from here. And a third when Lynette starts on May 1.
Laurel: Ok, its 11:00. I'll give my standard disclaimers and we'll get started.
Laurel: Participation in the chat does not create and attorney-client relationship. What I say in the chat is legal information, not legal advice as I have not had the opportunity to review your case.
Laurel: When you post to the chat, your question goes to a screen on my computer. It will be posted in the main chat for all to see if and when I respond to your question. I will not have the opportunity to reply to all questions.
Laurel: Please do not type in all caps as it is surprisingly difficult to read. I will not respond to questions or comments in all caps.
Laurel: My feet are already falling asleep from sitting on the floor in my new office.
monki12: From Mgarcia: My husband had a visa issued in 1991, it was good for 10years. He had many visits to the US from 1991-1997. On his last visit to the us in Dec 1997 his passport and visa were stolen at a robbery at his sisters house were he was staying. His sisters have the police report which indicates what was stolen and it includes "3 mexican passports". His mom has a blurry copy of the visa page from my husbands passport which shows when it was issued and the number of the visa. Back then it was only a visa stamp on the passport with no info on the person to whom it was issued. We have our interview in CDJ for may 12 and waiver May 16, on the Ds-230 forms we listed "1991-1997" various entries on B-1/B-2 visa. and then we listed "EWI 2001", will this be a problem since we dont have proof of his visa since it was stolen? can CDJ track his entries with just the visa number? our only proof is the police report, and the visa number on the blury visa copy. The blurry copy states the consular office who issued the visa and the purpose of the visa…etc. I also have two copies of the bio page of the passports, will that help?
Laurel: Will it be a problem? Maybe. Will the documentation you described help resolve any problems? Probably. I'm afraid those are the best answers I can give. It really sounds like you are providing all the documentation you can.
john: Laurel, what do you think of Obama's chances at winning nomination and then the election?
Laurel: Well, I just checked my crystal ball and it says he is going to win. But I think the thing is broken because it also told me we'd have immigration reform in the summer of '06. I do think he'll win, but unfortunately its not over yet.
strawberry: (I am very excited that Barack has joined us in this chat )
Laurel: He's a big fan of mine
adlopez: Hello Laurel, My case is the one where my husband was not found eligible on his second interview after allowing him to file a waiver on his first interview and the waiver was denied because of hardship evidence and then the second interview found out he was not allowed to file another waiver because he had 2 EWI which on his first interview was removed because he was 16, but this time they said no matter the age its the entries that counts. Do you think you can help with my case either through appeal or some other way in filing a waiver before the 10 year bar and what might the chances be? Thank you!!
Laurel: I have agreed to take on I think three similar MTR/AO cases so far, but none of them are "pure" cases; i.e. they all also involve questions of fact. I'm still looking for a "pure" cases. Yours sounds like a good candidate.
strawberry: Is CDJ able to find all the dates someone has had a catch and releases (denied entries)? I have heard of some people that have had a catch and release before, then when they have another one, there is no record of the first...what is the reason for this? Do they not keep very well records...or has it changed over the years (before it wasn't as strict, but now it is all computerized)?
Laurel: If the records were kept, CDJ can get them. But the border guys sometimes get lazy and figure 'what's the point?' So, there are not always records, but you should always assume there are records. I would say the vast majority of the time its fully recorded.
chalakita: Hello Laurel - When my cousin (LPR) traveled to Peru from San Francisco Airport, the person from the airline asked him if he was a LPR, because he presented his peruvian passaport, and asked him to see his permanent card, why? is it gonna be a problem when I (EWI) will have to travel to Peru for my appointment ? Thanks!
Laurel: That is a bit odd. Don't know.
Lots of clients have asked me if its ok for an EWI to get on a plane to return to the home country for an interview. My response is always, "check with the airline." So far none of my clients have had a problem, but I have heard rumors of others having problems. It seems foolish for the US government to have instituted laws and procedures that make it difficult for illegal aliens to voluntarily depart the United States at no expense to the government.
monki12: From Luaren32983: My husband entered 1989 F-I D/S. Never attended school. Got married in 1997. Applied for I-130/AOS. Went to Jordan for 1 month in 7/98 on Advance Parole, marked AOS. Re-entered on Advance Parole. Got divorced in 2001. Ex-wife revoked petitions. They were approved but not finalized yet. Since she revoked them he attempted various arguments with BIA. Always under proceedings via appeals from 2001-2007. Granted Voluntary Departure in 6/2007. What bar applies, since he was under proceedings this whole time? Will these complications pose a problem for a waiver? I am currently in Jordan with him for now, our waiver would go through Athens.
Laurel: Sounds like fraud for coming in on a student visa and never attending school. That's a permanent bar, though there's a waiver. When his I-485 was denied, he began accumulating unlawful presence as there's no appeal to a denied I-485. He may have been appealing the revoked I-130. Anyway, looks like also more than a year unlawful presence. I think your biggest problem is that he came on a student visa and never attended school. If I were the adjudicator I would really frown on that.
Nena: Hi! Could it be relevant for the waiver to include that my child has a language delay and he is currently enrolled in a special education program provided for the School District? Thanks Laurel. Sitting on the floor?!, I wish I were close to you to take a comfy chair where you can sit.
Laurel: It could be relevant, yes.
Barack_Obama: You are welcome!
Laurel: Love you, babe! Kisses!
Laurel: Wouldn't it be funny if Barack really did drop in on my chat?
6_GRAND: since you have alot going on with your move who is handling your waivers?
Laurel: Veronica and me. We got two out last week and one so far this week. We're smokin'!!
Jack: My wife lived in Costa Rica and Belize before she came to the US, she has been here 4 years and we filed the I-130, her family has friends in the goverment in Belize and were told that she can become a citizen of Belize and they would give her a visa but I am afraid that once she leaves she will be subject to the 10 year bar and misrepresentation since we already started the process, Am i right to wait instead of getting her the visa this way she could adjust in the US?
Laurel: So, did she enter the US lawfully? If so, adjust here status and naturalize (maybe 4 year process) before moving to Belize. Its a long time, but it will make the rest of your lives easier for her to come back and forth easily to the US.
pedi: Hi Laurel. I am filing AOs based on 245(i). I have an approved I-130 from 1993. I'm filing under F1 category and my priority date is current. Do I need to file both the I-485 and I-485A? Is there going to be an AOS interview scheduled?
Laurel: People who need to use 245i to adjust need both I-485 and I-485 Supplement A. If you are not using 245i to adjust you do not need Supplement A. You will probably be interviewed.
monki12: From catratcha: Hello Laurel, I have a few questions, but they are short and sweet! My husband and I are waiting for I-130 approval, and will need to file I-601 and waiver in Tegucigalpa as he EWI in 2005. When he goes to Honduras to interview and file his waiver, is it ok to fly on a plane? Obviously we already put on his I-130 that he EWI and he has a Honduran passport, but it makes me nervous. Also, he has not worked anywhere "official" or ever used false documents to work, has only worked for friends and never received a paycheck. Would it be worse for him to work now, while we are waiting, with false papers? I was thinking we could claim moral standards and adherence to the law on the waiver, but I am not sure if that would be ok with him working for friends "under the table" and not paying taxes. Also, can a strong argument be made on a waiver for strong ties to a protestant church involvement/community with the dominance of Catholicism in Honduras, and him as my spiritual leader, biblically speaking? It's the truth, but do they pay attention to that sort of thing? Thank you so much for taking your time to do this for people. You are a blessing.
Laurel: I answered the airline question already.
For employment, I never encourage anyone to work illegally.
Whether his employment is lawful or not or whether its under the table or with false papers, HE MUST PAY HIS TAXES. He needs to file a tax return and declare his income.
For the argument you want to use for the waiver, I would need to review the whole case before deciding whether to include that one, but its a possibility.
Each question may have been short, but there sure were a lot of them.
Arabonita: Using a fake LPR card or crossing ilegally through a POE are grounds for a 10 year ban? without any prior ilegall presence?
Laurel: Using a fake green card to enter the US is not a 10 year ban, no. Its a lifetime ban. There is a waiver. No, it does not trigger INA 212a9C.
strawberry: Do you know about how long it takes for NVC to process a request to drop a lawyer from a case (request via email) and a request to re-send the DS-230/I-864 packet to the applicant directly?
Laurel: Whenever they fell like getting around to it. Normally a few weeks, but sometimes much longer, with no explanation as to why.
monki12: From llramafa: We moved to Mexico in Oct 2006 and got married there in Nov of the same year. We've been living here ever since. Every six months I get a tourist permit to be able to stay in Mexico as much as possible with my husband. In the I-130 and G-325A, what address should I write on the forms? Or what would be better to say, since I've been here only as a tourist? I go to the US about 2 to 3 times a year for a month at a time. Should I say that I live in Chihuahua with my husband or that I live in my parents’ home in the US? I understand I need to establish a domicile in the US to be able to get my husband there.
Thanks.
Laurel: I usually list concurrent addresses on the G-325A in situations like this and then choose the address for the I-130 depending on whether you want to process the I-130 Stateside or do Direct Consular Filing. You might consider the latter.
john: We have our waiver appointment in the afternoon of the 30. The letter states to bring the G325A, passport, and waiver forms and hsl along with supporting documentation. Do we need to take birth certificates, marriage certificates, affidavit of support? Also the appointment is at 2:30, do you think we'll get the visa that day? I think they are closed on Thursday May 1st, (holiday in Mexico?)
Laurel: You don't need to bring vital records to the waiver appointment unless you have an additional qualifying relative who was not the petitioner, e.g. if his dad's an LPR. You might get the visa same day, but don't be disappointed if you have to wait for the visa. A few days is way better than 10 months.
Arabonita: My nephew is marrying a B1/B2 visa holder currently living in Mexico, what's the fastest route? They plan to marry in the U.S. next June 21 without a fiancee visa
Laurel: Postpone the wedding and get a fiance(e) visa.
fanygirl: laurel what is harder to overcome a deportation,cimt ,misrepresentation
Laurel: As long as its a simple deportation (e.g. at the airport) and not a deportation absconder, and as long as the CIMT is something simple like shoplifting, the hardest of those three is misrep. Now, if the crime is violent, such as domestic violence, or a severe nonviolent crime such as producing fake driver's licenses, then that would be the toughest to overcome.
john: We prepared our waiver ourselves. Would you have provided any discounts for having Veronica prepare waivers? (A little late for us)
Laurel: No.
12345: Hi Laurel first of all congratulations on your new office. My question is that after filing the I129F will they send my husband an interview date in india? or what exactly happens after that?
Laurel: Once the I-129F is approve in six months or so you will get a notice that its approved and sent to NVC. It will breeze through NVC in a matter of weeks. A few weeks or months later your husband will get a packet from the consulate letting him know that they are ready to process his visa application and the packet will contain instructions on what to do.
monki12: From sol1975: Ok guys so here it goes..my friend filed her I130- in 2003 and was approved. NVC contacted her telling her the steps to get her husbands visa. Because there was no pilot program she did not want to risk loosing her husband. I went the K-3 route in January and she was wanting to do the same. She no longer can because now an I130 has to be pending and not approved. Anyway NVC gave her a year to respond and she didnt. She now is ready and hopefully she can take advantage of the pilot program...SO here is the PROBLEM ..... NVC says her visa was canceled because she did not respond in time. They told her to call INS if she wanted to go for the visa again. We looked online and her I130 is still approved. I was trying to figure out how to get her old approved I130 to NVC again. I thought of maybe filling out the I-824..but dont want her to waste her money because that form is $340.00. Unless it for sure will take it once again to NVC. So today she went to an Infopass at INS and was told she needed to start all over and to once again fill out the I130, even though she has an approved I130. Why would they want her to fill out another one when she already has one approved? We do not know what to do. Has this happened to anyone? Does anyone have any suggestion, comments or ideas? Please help, I would love to help keep her family together...thanks once again for listening and God Bless
Laurel: Even presuming you can get the old I-130 case resurrected, it will probably take just as long and will be a lot more headache. Just file a new I-130. And I-824 is neither cheaper nor faster. And if she files a new I-130, she can file a new I-129F.
gema: Laurel, do you speak spanish?
Laurel: I do not speak Spanish well enough to conduct legal consultations in Spanish.
chalakita: I heard in some embassys they request the alien to write a letter. Do you know if Lima request one? Do you recomend to make one?
Laurel: I don't like it when some locations fabricate their own list of requirements, but yes some do. I've complained to CIS about this already.
Jeck: Sorry I got disconnected and not allowed to use the name Jack again. My wife ewi'ed from Costa Rica and her family who lives in Belize have friends that can get her a visa if she becomes a citizen of Belize but we have already started the process with the I-130 as an ewi, she wants to do it but I think she can be charged with misrepresentation and given a bar if we try it this way, Am I right to just wait and do the waiver or get her visa to aos here?
Laurel: Asked and answered. If you missed it, read the transcript of the chat when it gets posted on immigrate2us.net later on.
pedi: I used a lawyer the first I filed an application with the USCIS. He submitted G-28?? I don't want to use a lawyer this time around. Do I need to inform USCIS? Would they still forward correspondence to my lawyer?
Laurel: You need to tell them that you have terminated the representation with that attorney. When you file a new applicaiton without a G-28 they will probably not send to him, but its best to be certain.
monki12: long...so sorry....From Cherokee: Dear Laurel,
I am a USC. My husband came EWI from Mexico in 2005, and has been here ever since. No contact with immigration or the police. He has been working construction and then occasionally at a business using false papers. I just realized that I didn't mention that second job on the I-130.
We got married 07/07, approved for the I-130 in February 2008. Right now I am completing the IV, just about to schedule the appointment in Juarez and waiver.
My hardships I have thought of so far are 1. I am in the middle of a 6 year PhD program, and I would have to leave and credits wouldn't be transferable 2. My career would be ruined (I couldn't become a professor in the US as planned or participate in academic life in the US) 3. I have a huge US Dept. of education debt I couldn't pay if I had to go to Mexico 4. My brother has Type 1 diabetes, and I have a good chance of getting it (Mexico has poor health care)
My questions are:
1. should I correct the omission of the occasional job he does under false papers, or just leave it alone?
2. Do you think my hardships are enough to even try for the waiver?
3. Do you think working with a lawyer would help me have a better chance of getting approved the first time?
thank you very much!
Laurel: Correct the error regarding his second job.
Of the arguments you list, the first two look good, but I'm not impressed with the second two. The first is your strongest, I think.
As for whether to hire a lawyer, I always tell people that especially when you're not just filling out forms, when you have to prepare a case and prove something, you really need an attorney. I liken it to having a doctor deliver a baby. Sure lots of women could have babies just fine without a doctor's help. But do you want to be one of the women who really needed the doctor's help and there wasn't one present? Same with having a lawyer for the waiver. Lots of people can get approvals without a lawyer, and even with my own clients there have been many where when its all done I figure they probably didn't really need me. But there are others when at the end of it I say, "thank God they hired a lawyer" because we had unexpected problems or they really didn't know how to do the waiver packet even though they thought they did, etc. And I can't always tell at the outset of the representation what category someone will fall into.
gema: In 1999 I use a fake card then the inmigration took my finger prints, then I tryed to enter again whit other card, then inmigration took my finger prints again, then the next time I didnt use anyting then I went to houston, a few years later I married my husband then we did all the paper work for a visa , then we had our visa appointment, but they told me that I dont have right for a waiver then I need to stay in Mexico for ten years because I use a fake card twice, is anyting that I can do?
Laurel: Its not really about having committed misrepresentation twice. It sounds like maybe on one of those two first occasions they put you through a formal expedited removal, which they are much more likely to do if you attempt to enter with fake papers than if you attempt to EWI. So you were probably formally removed and then you subsequently EWIed. That's INA 212a9Cii. So, yea, no waiver for ten years. They are correct.
Jeck: You answered if she entered legally and she did not, so can she still be able to get a visa thru Belize or should we just wait the process instead since she ewi?
Laurel: I'm confused. Are you saying that officials in Belize are promising her they can get her a US visa? That sounds like they are offering to help her commit fraud. No good.
mgarcia: Laurel If my husband had a catch and release a couple of days before he ewi.. do i list this on the ds-230 form were it asks " hava you ever been refused entry at port of entry"? Thanks
Laurel: Yep
Laurel: Technically it probably wasn't a port of entry, but I would still list it. No reason not to.
john: what is your pilot program record so far? A have a cousin that will go through the waiver process in the next few months?
Laurel: For people with no criminal history my record so far is 100%. That can end at any time.
chalakita: The DS230 form asks question about the aliens education. I (EWI) have been attending to college since I got here , should I include that? Should I request a copy of my records from school? I have more around 50 credits already
Laurel: List it because they ask about you education history and you have one. But you don't need transcripts.
12345: Thank you so much for all your help and God Bless you for helping us out I really appreciate all your help thorough this mess. Thanks once a gain.....
Laurel: No prob
monki12: I love your sense of humor...i can imagine that at the end of the day,its what keeps you sane and able to work with immigration....thanks.
12345: Laurel, would having a child really help in getting the waiver approved am curious, or would it be better to say that i am on fertility medications and we are trying ?
Laurel: Actually having a child is far better than saying you are trying to have a child. But improving the waiver packet is not a good reason to have a baby.
floresb12: hi everyone! first time user of the chat room
floresb12: any rules?
Laurel: Yes, but I'll wait until you violate them before I make you aware of them. Kind of like CIS.
floresb12: hi laurel - my mom submitted waiver forms, and was told her packet had to be reviewed further and to submit more hardship evidence within 30 days. i think i'm going to visit our congresswoman, could they be of any help? to make matters worse, my mom tried to cross using a fake visa, how will this impact her waiver? she was fingerprinted but gave a different name
Laurel: Your Congresswoman can't help. You bring in Congress people when you have an administrative problem. Your mom is not having an administrative problem. There is nothing abnormal administratively about what has occurred to her case.
mgarcia: My husband is unsure of the exact date he was catch and released thats the only reason why i left it blank will these be a problem?
Laurel: They'll ask about it at the interview. Probably too late for you to change it if you already submitted the papers, but for everyone else's benefit, if you are simply unsure of the date, better to write "unsure" in the blank (you may have to handwrite it) than to simply leave it blank.
pedi: If only criminal convictions are grounds for inadmissibility/deportability, why does USCIS ask for arrest records without convictions?
Laurel: Because waivers are discretionary and they are allowed to look at everything. Also, for inadmissibility, a confession is treated nearly the same as a conviction, so if you confessed in the police records, they may still find you inadmissible for that crime, even if you were acquitted. Also, for certain crimes, such as drug trafficking, you can be found inadmissible for "suspicion" of being a drug trafficker; they need neither a confession nor a conviction.
chalakita: Before my husband (USC) and I (EWI) got married he was working part time only and I was the only one helping him financially with school. I pretty much paid for around 2 years of his education (you know how expensive that is). Is any way we can prove that? I dont have any receipts or anything like that. We wanna use this as hardship since he cannot go back to school without my salary (he has one more year to go)
Laurel: You can ask the school for documentation. You can get returned checks from the bank. You can testimony from people who knew you were paying. Get creative, guys.
Laurel: Two minutes left.
Barack_Obama: Take care Laurel, I'll call you later to discuss immigration reform.
Laurel: I have lots of ideas for you when you take office.
Laurel: I stated this at the beginning of the chat, but I will post again so people don't panic. I will probably start working from the new office this week. I will still get mail at the old office and calls will be forwarded and/or I will check the voicemail. So please do not panic that I have moved. The process of changing over all the G-28s will take some time. See you all next week.
Laurel: I'll wait a few minutes before posting my standard disclaimers.
Laurel: And I'll also wait until after I've posted those disclaimers at the top of the hour before I start answering questions.
Laurel: I am very excited to announce that I am chatting from my new office!
Laurel: Phone lines and internet are operational. Desks are here.
Unfortunately, the phones are not here and the desks are not assembled. So, I'm sitting on the floor. I'm keeping my chair from the old office, one of the few furniture items that did not belong to the executive office suits, and I haven't brought it over yet. I'll do that today.
Laurel: I'll also start bringing over filed. But I plan to start working out of the new office as of .... today. Mail is still being received at the old office and phone service is still active there, so I will get those voicemails promptly.
Laurel: As soon as I tell them to they will begin forwarding calls here that are made to the old number. But I need to get all the phones first. We need special phones to handle more than two lines and most office equipment retailers, such as Best Buy, have stopped carrying them. I have ONE from Office Depot as that's all they had in stock. But we need at least two before Veronica can start working from here. And a third when Lynette starts on May 1.
Laurel: Ok, its 11:00. I'll give my standard disclaimers and we'll get started.
Laurel: Participation in the chat does not create and attorney-client relationship. What I say in the chat is legal information, not legal advice as I have not had the opportunity to review your case.
Laurel: When you post to the chat, your question goes to a screen on my computer. It will be posted in the main chat for all to see if and when I respond to your question. I will not have the opportunity to reply to all questions.
Laurel: Please do not type in all caps as it is surprisingly difficult to read. I will not respond to questions or comments in all caps.
Laurel: My feet are already falling asleep from sitting on the floor in my new office.
monki12: From Mgarcia: My husband had a visa issued in 1991, it was good for 10years. He had many visits to the US from 1991-1997. On his last visit to the us in Dec 1997 his passport and visa were stolen at a robbery at his sisters house were he was staying. His sisters have the police report which indicates what was stolen and it includes "3 mexican passports". His mom has a blurry copy of the visa page from my husbands passport which shows when it was issued and the number of the visa. Back then it was only a visa stamp on the passport with no info on the person to whom it was issued. We have our interview in CDJ for may 12 and waiver May 16, on the Ds-230 forms we listed "1991-1997" various entries on B-1/B-2 visa. and then we listed "EWI 2001", will this be a problem since we dont have proof of his visa since it was stolen? can CDJ track his entries with just the visa number? our only proof is the police report, and the visa number on the blury visa copy. The blurry copy states the consular office who issued the visa and the purpose of the visa…etc. I also have two copies of the bio page of the passports, will that help?
Laurel: Will it be a problem? Maybe. Will the documentation you described help resolve any problems? Probably. I'm afraid those are the best answers I can give. It really sounds like you are providing all the documentation you can.
john: Laurel, what do you think of Obama's chances at winning nomination and then the election?
Laurel: Well, I just checked my crystal ball and it says he is going to win. But I think the thing is broken because it also told me we'd have immigration reform in the summer of '06. I do think he'll win, but unfortunately its not over yet.
strawberry: (I am very excited that Barack has joined us in this chat )
Laurel: He's a big fan of mine
adlopez: Hello Laurel, My case is the one where my husband was not found eligible on his second interview after allowing him to file a waiver on his first interview and the waiver was denied because of hardship evidence and then the second interview found out he was not allowed to file another waiver because he had 2 EWI which on his first interview was removed because he was 16, but this time they said no matter the age its the entries that counts. Do you think you can help with my case either through appeal or some other way in filing a waiver before the 10 year bar and what might the chances be? Thank you!!
Laurel: I have agreed to take on I think three similar MTR/AO cases so far, but none of them are "pure" cases; i.e. they all also involve questions of fact. I'm still looking for a "pure" cases. Yours sounds like a good candidate.
strawberry: Is CDJ able to find all the dates someone has had a catch and releases (denied entries)? I have heard of some people that have had a catch and release before, then when they have another one, there is no record of the first...what is the reason for this? Do they not keep very well records...or has it changed over the years (before it wasn't as strict, but now it is all computerized)?
Laurel: If the records were kept, CDJ can get them. But the border guys sometimes get lazy and figure 'what's the point?' So, there are not always records, but you should always assume there are records. I would say the vast majority of the time its fully recorded.
chalakita: Hello Laurel - When my cousin (LPR) traveled to Peru from San Francisco Airport, the person from the airline asked him if he was a LPR, because he presented his peruvian passaport, and asked him to see his permanent card, why? is it gonna be a problem when I (EWI) will have to travel to Peru for my appointment ? Thanks!
Laurel: That is a bit odd. Don't know.
Lots of clients have asked me if its ok for an EWI to get on a plane to return to the home country for an interview. My response is always, "check with the airline." So far none of my clients have had a problem, but I have heard rumors of others having problems. It seems foolish for the US government to have instituted laws and procedures that make it difficult for illegal aliens to voluntarily depart the United States at no expense to the government.
monki12: From Luaren32983: My husband entered 1989 F-I D/S. Never attended school. Got married in 1997. Applied for I-130/AOS. Went to Jordan for 1 month in 7/98 on Advance Parole, marked AOS. Re-entered on Advance Parole. Got divorced in 2001. Ex-wife revoked petitions. They were approved but not finalized yet. Since she revoked them he attempted various arguments with BIA. Always under proceedings via appeals from 2001-2007. Granted Voluntary Departure in 6/2007. What bar applies, since he was under proceedings this whole time? Will these complications pose a problem for a waiver? I am currently in Jordan with him for now, our waiver would go through Athens.
Laurel: Sounds like fraud for coming in on a student visa and never attending school. That's a permanent bar, though there's a waiver. When his I-485 was denied, he began accumulating unlawful presence as there's no appeal to a denied I-485. He may have been appealing the revoked I-130. Anyway, looks like also more than a year unlawful presence. I think your biggest problem is that he came on a student visa and never attended school. If I were the adjudicator I would really frown on that.
Nena: Hi! Could it be relevant for the waiver to include that my child has a language delay and he is currently enrolled in a special education program provided for the School District? Thanks Laurel. Sitting on the floor?!, I wish I were close to you to take a comfy chair where you can sit.
Laurel: It could be relevant, yes.
Barack_Obama: You are welcome!
Laurel: Love you, babe! Kisses!
Laurel: Wouldn't it be funny if Barack really did drop in on my chat?
6_GRAND: since you have alot going on with your move who is handling your waivers?
Laurel: Veronica and me. We got two out last week and one so far this week. We're smokin'!!
Jack: My wife lived in Costa Rica and Belize before she came to the US, she has been here 4 years and we filed the I-130, her family has friends in the goverment in Belize and were told that she can become a citizen of Belize and they would give her a visa but I am afraid that once she leaves she will be subject to the 10 year bar and misrepresentation since we already started the process, Am i right to wait instead of getting her the visa this way she could adjust in the US?
Laurel: So, did she enter the US lawfully? If so, adjust here status and naturalize (maybe 4 year process) before moving to Belize. Its a long time, but it will make the rest of your lives easier for her to come back and forth easily to the US.
pedi: Hi Laurel. I am filing AOs based on 245(i). I have an approved I-130 from 1993. I'm filing under F1 category and my priority date is current. Do I need to file both the I-485 and I-485A? Is there going to be an AOS interview scheduled?
Laurel: People who need to use 245i to adjust need both I-485 and I-485 Supplement A. If you are not using 245i to adjust you do not need Supplement A. You will probably be interviewed.
monki12: From catratcha: Hello Laurel, I have a few questions, but they are short and sweet! My husband and I are waiting for I-130 approval, and will need to file I-601 and waiver in Tegucigalpa as he EWI in 2005. When he goes to Honduras to interview and file his waiver, is it ok to fly on a plane? Obviously we already put on his I-130 that he EWI and he has a Honduran passport, but it makes me nervous. Also, he has not worked anywhere "official" or ever used false documents to work, has only worked for friends and never received a paycheck. Would it be worse for him to work now, while we are waiting, with false papers? I was thinking we could claim moral standards and adherence to the law on the waiver, but I am not sure if that would be ok with him working for friends "under the table" and not paying taxes. Also, can a strong argument be made on a waiver for strong ties to a protestant church involvement/community with the dominance of Catholicism in Honduras, and him as my spiritual leader, biblically speaking? It's the truth, but do they pay attention to that sort of thing? Thank you so much for taking your time to do this for people. You are a blessing.
Laurel: I answered the airline question already.
For employment, I never encourage anyone to work illegally.
Whether his employment is lawful or not or whether its under the table or with false papers, HE MUST PAY HIS TAXES. He needs to file a tax return and declare his income.
For the argument you want to use for the waiver, I would need to review the whole case before deciding whether to include that one, but its a possibility.
Each question may have been short, but there sure were a lot of them.
Arabonita: Using a fake LPR card or crossing ilegally through a POE are grounds for a 10 year ban? without any prior ilegall presence?
Laurel: Using a fake green card to enter the US is not a 10 year ban, no. Its a lifetime ban. There is a waiver. No, it does not trigger INA 212a9C.
strawberry: Do you know about how long it takes for NVC to process a request to drop a lawyer from a case (request via email) and a request to re-send the DS-230/I-864 packet to the applicant directly?
Laurel: Whenever they fell like getting around to it. Normally a few weeks, but sometimes much longer, with no explanation as to why.
monki12: From llramafa: We moved to Mexico in Oct 2006 and got married there in Nov of the same year. We've been living here ever since. Every six months I get a tourist permit to be able to stay in Mexico as much as possible with my husband. In the I-130 and G-325A, what address should I write on the forms? Or what would be better to say, since I've been here only as a tourist? I go to the US about 2 to 3 times a year for a month at a time. Should I say that I live in Chihuahua with my husband or that I live in my parents’ home in the US? I understand I need to establish a domicile in the US to be able to get my husband there.
Thanks.
Laurel: I usually list concurrent addresses on the G-325A in situations like this and then choose the address for the I-130 depending on whether you want to process the I-130 Stateside or do Direct Consular Filing. You might consider the latter.
john: We have our waiver appointment in the afternoon of the 30. The letter states to bring the G325A, passport, and waiver forms and hsl along with supporting documentation. Do we need to take birth certificates, marriage certificates, affidavit of support? Also the appointment is at 2:30, do you think we'll get the visa that day? I think they are closed on Thursday May 1st, (holiday in Mexico?)
Laurel: You don't need to bring vital records to the waiver appointment unless you have an additional qualifying relative who was not the petitioner, e.g. if his dad's an LPR. You might get the visa same day, but don't be disappointed if you have to wait for the visa. A few days is way better than 10 months.
Arabonita: My nephew is marrying a B1/B2 visa holder currently living in Mexico, what's the fastest route? They plan to marry in the U.S. next June 21 without a fiancee visa
Laurel: Postpone the wedding and get a fiance(e) visa.
fanygirl: laurel what is harder to overcome a deportation,cimt ,misrepresentation
Laurel: As long as its a simple deportation (e.g. at the airport) and not a deportation absconder, and as long as the CIMT is something simple like shoplifting, the hardest of those three is misrep. Now, if the crime is violent, such as domestic violence, or a severe nonviolent crime such as producing fake driver's licenses, then that would be the toughest to overcome.
john: We prepared our waiver ourselves. Would you have provided any discounts for having Veronica prepare waivers? (A little late for us)
Laurel: No.
12345: Hi Laurel first of all congratulations on your new office. My question is that after filing the I129F will they send my husband an interview date in india? or what exactly happens after that?
Laurel: Once the I-129F is approve in six months or so you will get a notice that its approved and sent to NVC. It will breeze through NVC in a matter of weeks. A few weeks or months later your husband will get a packet from the consulate letting him know that they are ready to process his visa application and the packet will contain instructions on what to do.
monki12: From sol1975: Ok guys so here it goes..my friend filed her I130- in 2003 and was approved. NVC contacted her telling her the steps to get her husbands visa. Because there was no pilot program she did not want to risk loosing her husband. I went the K-3 route in January and she was wanting to do the same. She no longer can because now an I130 has to be pending and not approved. Anyway NVC gave her a year to respond and she didnt. She now is ready and hopefully she can take advantage of the pilot program...SO here is the PROBLEM ..... NVC says her visa was canceled because she did not respond in time. They told her to call INS if she wanted to go for the visa again. We looked online and her I130 is still approved. I was trying to figure out how to get her old approved I130 to NVC again. I thought of maybe filling out the I-824..but dont want her to waste her money because that form is $340.00. Unless it for sure will take it once again to NVC. So today she went to an Infopass at INS and was told she needed to start all over and to once again fill out the I130, even though she has an approved I130. Why would they want her to fill out another one when she already has one approved? We do not know what to do. Has this happened to anyone? Does anyone have any suggestion, comments or ideas? Please help, I would love to help keep her family together...thanks once again for listening and God Bless
Laurel: Even presuming you can get the old I-130 case resurrected, it will probably take just as long and will be a lot more headache. Just file a new I-130. And I-824 is neither cheaper nor faster. And if she files a new I-130, she can file a new I-129F.
gema: Laurel, do you speak spanish?
Laurel: I do not speak Spanish well enough to conduct legal consultations in Spanish.
chalakita: I heard in some embassys they request the alien to write a letter. Do you know if Lima request one? Do you recomend to make one?
Laurel: I don't like it when some locations fabricate their own list of requirements, but yes some do. I've complained to CIS about this already.
Jeck: Sorry I got disconnected and not allowed to use the name Jack again. My wife ewi'ed from Costa Rica and her family who lives in Belize have friends that can get her a visa if she becomes a citizen of Belize but we have already started the process with the I-130 as an ewi, she wants to do it but I think she can be charged with misrepresentation and given a bar if we try it this way, Am I right to just wait and do the waiver or get her visa to aos here?
Laurel: Asked and answered. If you missed it, read the transcript of the chat when it gets posted on immigrate2us.net later on.
pedi: I used a lawyer the first I filed an application with the USCIS. He submitted G-28?? I don't want to use a lawyer this time around. Do I need to inform USCIS? Would they still forward correspondence to my lawyer?
Laurel: You need to tell them that you have terminated the representation with that attorney. When you file a new applicaiton without a G-28 they will probably not send to him, but its best to be certain.
monki12: long...so sorry....From Cherokee: Dear Laurel,
I am a USC. My husband came EWI from Mexico in 2005, and has been here ever since. No contact with immigration or the police. He has been working construction and then occasionally at a business using false papers. I just realized that I didn't mention that second job on the I-130.
We got married 07/07, approved for the I-130 in February 2008. Right now I am completing the IV, just about to schedule the appointment in Juarez and waiver.
My hardships I have thought of so far are 1. I am in the middle of a 6 year PhD program, and I would have to leave and credits wouldn't be transferable 2. My career would be ruined (I couldn't become a professor in the US as planned or participate in academic life in the US) 3. I have a huge US Dept. of education debt I couldn't pay if I had to go to Mexico 4. My brother has Type 1 diabetes, and I have a good chance of getting it (Mexico has poor health care)
My questions are:
1. should I correct the omission of the occasional job he does under false papers, or just leave it alone?
2. Do you think my hardships are enough to even try for the waiver?
3. Do you think working with a lawyer would help me have a better chance of getting approved the first time?
thank you very much!
Laurel: Correct the error regarding his second job.
Of the arguments you list, the first two look good, but I'm not impressed with the second two. The first is your strongest, I think.
As for whether to hire a lawyer, I always tell people that especially when you're not just filling out forms, when you have to prepare a case and prove something, you really need an attorney. I liken it to having a doctor deliver a baby. Sure lots of women could have babies just fine without a doctor's help. But do you want to be one of the women who really needed the doctor's help and there wasn't one present? Same with having a lawyer for the waiver. Lots of people can get approvals without a lawyer, and even with my own clients there have been many where when its all done I figure they probably didn't really need me. But there are others when at the end of it I say, "thank God they hired a lawyer" because we had unexpected problems or they really didn't know how to do the waiver packet even though they thought they did, etc. And I can't always tell at the outset of the representation what category someone will fall into.
gema: In 1999 I use a fake card then the inmigration took my finger prints, then I tryed to enter again whit other card, then inmigration took my finger prints again, then the next time I didnt use anyting then I went to houston, a few years later I married my husband then we did all the paper work for a visa , then we had our visa appointment, but they told me that I dont have right for a waiver then I need to stay in Mexico for ten years because I use a fake card twice, is anyting that I can do?
Laurel: Its not really about having committed misrepresentation twice. It sounds like maybe on one of those two first occasions they put you through a formal expedited removal, which they are much more likely to do if you attempt to enter with fake papers than if you attempt to EWI. So you were probably formally removed and then you subsequently EWIed. That's INA 212a9Cii. So, yea, no waiver for ten years. They are correct.
Jeck: You answered if she entered legally and she did not, so can she still be able to get a visa thru Belize or should we just wait the process instead since she ewi?
Laurel: I'm confused. Are you saying that officials in Belize are promising her they can get her a US visa? That sounds like they are offering to help her commit fraud. No good.
mgarcia: Laurel If my husband had a catch and release a couple of days before he ewi.. do i list this on the ds-230 form were it asks " hava you ever been refused entry at port of entry"? Thanks
Laurel: Yep
Laurel: Technically it probably wasn't a port of entry, but I would still list it. No reason not to.
john: what is your pilot program record so far? A have a cousin that will go through the waiver process in the next few months?
Laurel: For people with no criminal history my record so far is 100%. That can end at any time.
chalakita: The DS230 form asks question about the aliens education. I (EWI) have been attending to college since I got here , should I include that? Should I request a copy of my records from school? I have more around 50 credits already
Laurel: List it because they ask about you education history and you have one. But you don't need transcripts.
12345: Thank you so much for all your help and God Bless you for helping us out I really appreciate all your help thorough this mess. Thanks once a gain.....
Laurel: No prob
monki12: I love your sense of humor...i can imagine that at the end of the day,its what keeps you sane and able to work with immigration....thanks.
12345: Laurel, would having a child really help in getting the waiver approved am curious, or would it be better to say that i am on fertility medications and we are trying ?
Laurel: Actually having a child is far better than saying you are trying to have a child. But improving the waiver packet is not a good reason to have a baby.
floresb12: hi everyone! first time user of the chat room
floresb12: any rules?
Laurel: Yes, but I'll wait until you violate them before I make you aware of them. Kind of like CIS.
floresb12: hi laurel - my mom submitted waiver forms, and was told her packet had to be reviewed further and to submit more hardship evidence within 30 days. i think i'm going to visit our congresswoman, could they be of any help? to make matters worse, my mom tried to cross using a fake visa, how will this impact her waiver? she was fingerprinted but gave a different name
Laurel: Your Congresswoman can't help. You bring in Congress people when you have an administrative problem. Your mom is not having an administrative problem. There is nothing abnormal administratively about what has occurred to her case.
mgarcia: My husband is unsure of the exact date he was catch and released thats the only reason why i left it blank will these be a problem?
Laurel: They'll ask about it at the interview. Probably too late for you to change it if you already submitted the papers, but for everyone else's benefit, if you are simply unsure of the date, better to write "unsure" in the blank (you may have to handwrite it) than to simply leave it blank.
pedi: If only criminal convictions are grounds for inadmissibility/deportability, why does USCIS ask for arrest records without convictions?
Laurel: Because waivers are discretionary and they are allowed to look at everything. Also, for inadmissibility, a confession is treated nearly the same as a conviction, so if you confessed in the police records, they may still find you inadmissible for that crime, even if you were acquitted. Also, for certain crimes, such as drug trafficking, you can be found inadmissible for "suspicion" of being a drug trafficker; they need neither a confession nor a conviction.
chalakita: Before my husband (USC) and I (EWI) got married he was working part time only and I was the only one helping him financially with school. I pretty much paid for around 2 years of his education (you know how expensive that is). Is any way we can prove that? I dont have any receipts or anything like that. We wanna use this as hardship since he cannot go back to school without my salary (he has one more year to go)
Laurel: You can ask the school for documentation. You can get returned checks from the bank. You can testimony from people who knew you were paying. Get creative, guys.
Laurel: Two minutes left.
Barack_Obama: Take care Laurel, I'll call you later to discuss immigration reform.
Laurel: I have lots of ideas for you when you take office.
Laurel: I stated this at the beginning of the chat, but I will post again so people don't panic. I will probably start working from the new office this week. I will still get mail at the old office and calls will be forwarded and/or I will check the voicemail. So please do not panic that I have moved. The process of changing over all the G-28s will take some time. See you all next week.