Laura
08-22-2007, 05:05 PM
Laurel: Hey, I'm on time today. How about that!
Laurel: First, some preliminaries. What I state in this chat does not constitute legal advice as I have not had the opportunity to review your case. Participation in the chat does not create an attorney-client relationship.
Laurel: When you type to the chat, I can view what you’ve written, but it will only be visible to everyone in the main window if I post it. I will not have the opportunity to answer every question. I prefer not to answer questions I’ve already answered, when asked by someone else.
petal07: Hello Laurel...On the 601 form #11 asks for when applicant was previously in US...do you put when they entered and when they left? Question C asks for relatives in US...do I list my self and minor aged children?
Laurel: Yes, you put entries and exits. For relatives in the US, only list USCs and LPRs whether or not they are qualifyign relatives.
2_be_me: I have just had my I-130 packet completed at the NVC. I submitted a I-129f back in March and believe I will get my K-3 interview at the end of the year. Is it possible to get the K-3 interview changed to a CR1 interview? I know that the Mexican consulant will have to request the packet from the NVC but have you had them to do this recently? Also how long does it take to re-schedule a k-3 interview?
Laurel: They don't seem to be doing that right now, but that's something I want to ask Mr. B. I had hoped I would get a chance to talk to him last week, but that did not happen. I will let you all know if I have any information.
emt103c: My husband is going through Montreal Consulate and had been told that he would have to file both I-601 and I-212, however while we were waiting for some supplemental evidence to process his overstay ban expired. (601 for overstay of about 6 months and I-212 for expedited removal at border.) Will they only require the I-212 now? or is there a chance they will still ask for the I-601?
Laurel: Ok, this is where 8 CFR does stuff that doesn't make sense. Your husband no longer needs the I-601. There's no point in filing it. He still need the I-212, but now that there's no longer an I-601 attached, he's supposed to send it to the CIS office having jurisdiction over the place at which the deportation occurred UNLESS we're talking about a K visa, in which case you still file at the consulate. Does not make sense.
mary_lou: Hi laurel, i have my interview in 10 days, i am a little concerned regarding my being denied entry on nov 29. under sec 212a7A. Will i have a problem getting K1 visa or is there a chance i need a waiver.
Laurel: Frequently those who are refused entry under 212a7A are later charged retroactively with misrepresentation when they go through consular processing. If this happens, you will have to apply for a waiver.
MAMACITA: Hi Laurel, quick question, 6 wks ago Oscar announced that the Aug/Sept waiver's were completed and just not mailed out,,,,,why haven't we seen these yet? We are seeing waiver's now approved out of order, i.e.-Dec, Jan, Feb,? Could you please check w/Oscar and see why the delay? This isn't fair in my opinion!
Laurel: I'll see what I can find out.
ke5fbh: Laurel, just need to ask about the I-130 and the question regarding - have you ever had trouble with immigration -would this include catch and release or perhaps denied entry?
Laurel: I usually don't list those kind of events on the I-130, but they do come up on the DS-230. "Catch and release" is technically a "denied entry".
soelet: Hi Laurel, I appreciate your CIS office info. 1 question: you rate Guatemala as a 4, I understand you've had 1 approval w/ Guate. Did you use other cases for your ratings?
Laurel: Two approvals now. But its not just what's been approved, it also how strong I thought the cases were that were approved. If I get a super-strong case approved, that doesn't tell me much. Likewise if a very weak case gets denied, I don't know much. Its the cases with pluses and minuses that tell me something. For Guate, I'm also incorporating reputation into the analysis as well as personal experience. I never use just one or the other.
corazoncita: are we chatting now?
Laurel: No
laurafern11: I've been collecting again. Here goes: Is there any way for a person with an approved I-130 to receive a non-immigrant visa, a work visa perhaps? For example, a person who started filing but before going to CDJ found out they would be 9(c) ineligible for an I-601 waiver (husband is still residing without status in the U.S., but there is a decent chance he will eventually be deported)? Is there any way he would be eligible for a 212d3 waiver, or would his obvious immigrant intent bar him from that?
Laurel: I saw you'd been collecting!
This is a good question. Once the I-130 is filed, its tough to get a nonimmigrant visa or a nonimmigrant waiver, but not impossible. Some nonimmigrant visas, such as the H1B, allow immigrant intent and you may be more likely to get a (d)(3) waiver in such a situation. But for other visas, such as a B2 to visit the I-130 petitioner, it can be tough to overcome the immigrant intent issue.
Gracie: I am a USC; fiancee is Nigerian living in Nigera. If we marry in Mexio, will Mexico issue the K-3 visa to him?
Laurel: That's what it says in the Foreign Affairs Manual. I haven't tried it yet, but the law is on our side.
laurafern11: from Dorothea: My husband was given a three-year bar for drug use. It's been about... 6 months now. He got a paper stating he should take 10 drug tests in the 3 years and some sort of drug rehab program. What I want to know is how often should my husband be getting drug tested? He has not gone once yet, tho I pester him about it A LOT! He is being hard headed, but it is because he works all the time and feels that he can't take a day off for this. I think he's being stupid, but what can I do from 3000 miles away? If I give him a direct quote from a lawyer regarding him specifically, maybe he will listen... Should he be going every month? Every three? Is 10 times enough, or would more be better?
Laurel: IMHO the consulate does a poor job of describing what they want you to do in the situation and the FAM and other regs give little or no guidance. Best to enroll in a drug treatment program, even if its just to get a letter form an expert saying that they think the person is not an addict and doesn't need to be there. Also good to get tested every six months or so. MissLiss is a good source of information on this.
Laurel: Looks like she's not here right now, though.
Laura: Hi Laurel, a member on I2US recently got a visit from people claiming to be with USCIS. They told her that because she is LPR she should have informed them when she married her EWI husband, and that now she should divorce him, and remarry him and let USCIS know immediately. Does that make any sense at all or does it sound fishy?
Laurel: Sounds fishy. Makes no sense.
matavele: Hi Laurel, my husband and I filed AOS Aug 8, 2006 and still have not received an appt notice. We have moved and updated our address but still cant seem to get the case moved to San Antonio. It is still pending in Cali Service Center since Nov 16 or at least that is the message on the status window of the cis website. What can i do? Do we need a lawyer to get it moving?
Laurel: A Congressman might be more help, actually. They stonewall attorneys just as well as they stonewall applicants. They have a harding time doing that to a Congressman.
laurafern11: From Adriane: My husband and I are currently living in CDJ. He will be issued a K-3 visa. Once his visa is granted, we file for EAD. Is there any reason we can't remain in CDJ until the EAD is granted? Is it safe for him to occassionally cross into the US during this time?
As a K-3 visa holder, after moving to the U.S. and applying for AOS, do we need to request Advanced Parole before travelling outside of the US?
Laurel: I usually recommend to people that once they get their post-601 K visa, that they enter the US as soon as possible and remain in the US until they get the green card. The new filing fees have forced me to re-think that advice since really the risk of returning to the consulate for the IV is minimal and its now substantially cheaper. For the people you described, he will have to show up in the US for fingerprints for the EAD, but other than that, it shouldn't be an issue except for my usualy recommendation that post-601 K visas holders keep their travels to a minimum until getting the green card. If a post-601 K3 does want to travel while the I-485 is pending, no Advanced Parole is required, For a K1, you would need Advanced Parole.
Jancy: I see the open appoinments for "visa pick-up" are extremely simple. They don't even have to enter the consulate. WHY is CDJ telling my fiance he has to do a how new interview (our I-601 was approved and we were given an appt. for Oct.)???
Laurel: They have to enter the consulate.
matavele: The more pressing decision is that his EAD will expire Nov 19 and if it takes 90 days get a new one we would have to apply this week???
Laurel: Play it safe. Apply for renewal. I know its a big chunk of change, but I think you need to do it.
petal07: For my HSL my daughter has extensive med records for her asthma...should I only include the last yr? 6mo?
Laurel: I'll give you the attorney's favorite response: It depends. You don't want to be giving 100 pages of medical records. You supply what you need to supply to prove what you need to prove and no more. How much is that? It depends.
laurafern11: Finally, any information on waiver processing times and the level of difficulty for proving extreme hardship for Honduras and/or Costa Rica?
Laurel: Not at this time. Most of Central America and the Carribean has a general reputation for lenience with the notable exception of Kingston. I don't have any person experience to throw in, so I haven't listed those locations on my notes.
angela256z: Hi Laurel - My husband entered the US in 1992 - 93 for a little over a year. I told him that we need to put it on the application even if it didn't count and he does not want me to do it. He thinks they will ask for proof that he was here. Will they ask for proof?
Laurel: They ask about entries and exits, so you must put it on there. Its not especially important for an IV case, so why lie? I seriously doubt they would ask for proof that he was here as its not that important.
corazoncita: Hi Laurel! Thank you sooooo much for taking the time to answer our questions every week... you are such a considerate person. I am apologizing in advance for the length of my questions-- these are really hairy ones.
Laurel: I'm beautiful and funny, too.
jm: more then 1 ewi caught in arizona sent back to mex then crossed again can a waiver be filed
Laurel: As long as it was a catch-and-release and not a formal deportation.
Jancy: Also I've heard that the Medical exams are getting inappropriate in the questions the ask, how the exams are administered and the "treatment" they require applicants to ex: AAA for scoial drinking, meeting a counselor for "problems with immigration". What can we do about this, it is deffinately not right.
Laurel: Getting inappropriate? You sound like they haven't already been inappropriate for some time. I've made a complaint to CDC. I may need to renew the complaint sometime soon.
jm: any way to get around 212a9c
Laurel: In the 9th Circuit under 245i only. Other than that, the only way 'around' is to prove the consulate or CIS erred in the finding.
angela256z: Do you know of any Fiance/Marriage visa books that you recommend so that I can show my husband the laws. I need a book not the website cause it's to confusing to him. I found a book by Nolo, but people say it may not be a good book.
Laurel: Nolo press books are excellent. There are no good books on foreign-filed waivers, at least none that I can recommend at this time.
corazoncita: Unfortunately, my husbadn has made a lot of stupid mistakes and now has quite and extensive criminal record. most are traffic violations (driving w/o a license) but there are a couple misdimeanors and a felony for which he is currently serving a 6 months sentence. I know you are going to say that each case is different, but I just really want your HONEST opinion. I have really strong hardships (A level 1, a level 2, and several hardships on levels 3 & 4-- I read your essay!) and my husband can give "evidence of rehabilitation." I am so ashamed to list all the charges, but here they are....
Laurel: I prefer to see at least 8-10 years since the last conviction. More if its a felony or violent crime. If he's currently serving six months for a felony, it is extremely, extremely unlikey that you would be able to get a waiver approved regardless of your hardship.
jm: catch and release do they fingerprint you???
Laurel: Not usually, but sometimes.
MAMACITA: With the implementation of "open appt's" now for the backlogged waivers, how long before they are mailed out after the approved I601's? We are seeing a range of 1 wk to 3 wks, any idea?
Laurel: 1 to 3 weeks sounds right.
mary_lou: Laurel does that mean i will be charged at interview and then required to file waiver or do you mean after i have moved to the U>S. Should I prepare a waiver before i attend the interview?
Laurel: At the consular interview. If you're unsure whether a waiver wil be required, you might want to wait until the finding is made before preparing. I talk about that situation in my memo.
Pink: There's that wonderful sense of humor slipping again. That has to be a prerequisite for becoming an immigration attorney...
Laurel: By "slipping", you mean "not good"? My sense of humor is slipping?
Susan: In you memo regarding HSLs you mention that it is preferred to have documentation from U.S. government sources. Would the World Bank or UNICEF ect. be also considered reliable data for supporting a claim?
Laurel: It depends. I've used such sources in waiver cases.
ce_ll: Oops! I must have accidentally added a smiley face that was supposed to be a ( in the INA section.
Laurel: That's understandable. Doesn't 9B make everyone want to add a smiley face?
ce_ll: Laurel, the e-mail response we got from CDJ sited INA 212(a)(9)(C)(i)(l) and 212(a)(9)(C)(i)(II) and said that my BIL was found ineligible based on those laws not his time accumulated in the US. The form that he was given at his interview had the boxes checked for 212(a)(9)( (ll) and 212 (a)(9)(C)(l) are they referring to different laws than what was check on his form given at the interview? If so, what should we do? If I pay for a consulatation can you help?
Laurel: This is the case that was posted on the Imm2us forum, right? I made some comments on it previously. Still not resolved, huh? Yeah, we may need to do a consular MTR.
Pink: There's that wonderful sense of humor slipping "in" again...
Laurel: ah, ok. We can stay friends, then.
petal07: I had asked in a previous chat regarding getting a tx for no lic, careless driving and failure to give aid...I found out that these charges are only traffic violations not criminal...do I need to list this tx on the DS-230?
Laurel: Normally I tell people to err on the side of including traffic stuff, but I'm distrubed by the 'failure to give aid'. If it were my case, I'd prefer not to volunteer that one if I don't have to. Be extra, extra, extra sure its not a criminal charge and err on the side of not including it.
corazoncita: Charges between 2003-2004 (before he met me-- did not hire attorney)
-driving w/o lisence, no insurance, no tags
-public disorderly conduct/ open container
-driving w/o lisence
Charges after 2004... all w/ atty
-aug. 2006 open container
-nov. 2006 Level 5 DWI (meaning he was barely above legal limit)
-mar. 2007 Hit & Run (long story) one felony count, one misdimeanor count
Laurel: Also, two alcohol-related convictions in the past three years will lead to him being found ineligible to file a waiver on medical grounds.
Jancy: I was told that is supposed to be "law/common practice" to give temp. work permits to K-1 Finace Visa holders. We all know that this is not done. Is there a printout I can take to the Port-of-Entry Immigration office that will show them that they are required to give the 90 work visa???
Laurel: A K1 is eligible to apply for an EAD, but you have to file the I-765, etc., which takes time to process and by the time you get an EAD, your K1 status is expired and the EAD based on K1 status automatically expires with it. Just get married ASAP and file an I-765 with the AOS packet.
angela256z: If a person has been deported or is in the us as an EWI can their employer still petition for them? My friends job just got 4 employees deported and wants to petition for them back inder and I-140 application. They really can't file waivers for them right?
Laurel: The employer can petition, but they need qualifying relatives for the waiver.
emt103c: If I'm to file his 212 at the office having jurisdiction over the place the deportation took place, will the Montreal Consulate let me know? They told me he was ineligible but also told me they would send further instructions after they processed the supplemental evidence and that I couldn't file the waivers until the evidence was processed.
Laurel: Just file the I-212 now. The consulate's not really involved in that until a decision is made.
mary_lou: i should have nemtioned that my TN was still valid and I was completely misinformed about changing companies. the POE even contacted the other company and told them that they were not allowed to hire me, i only worked there 1 month. I was honest at POE and told them I switched jobs. I also reported evertything on my petition regarding this matter. Just a little scared about having to file waiver at interview I guess
Laurel: Ok, you might not be found inadmissible. Don't work on a waiver until you get a decision from the consulate. I feel like I've discussed this case before.
Susan: In an email consultation, would you be able to advise on the strength of the HSL arguements. We will be filing a waiver for a K-1(fiance EWI from Mexico), but want to make sure we have some relatively strong arguements before proceeding with the interview.
Laurel: Yes. I don't guide people in writing their own waiver packets, so I don't want you think I'm going to be telling you what documents you need to gather together or how to improve your case, but I can evaluate whether your hardships are strong enough to attempt the process.
mary8173: Hi Laurel I am knew on here. So you might have anwered this before Would a person be eligiable for 601 waiver. EwI 1991 Left in Dec 1997 own his own just to vist family in mexico. EWI again April 1998 and has been her ever since. Interview is set for Oct 11 2007 in CDJ
Laurel: Unlawful presence prior to April 1997 does not count toward 9C, so he should be ok. he should be eligible to apply for a waiver.
Maria: Hi,Laurel. In the I 130 at question 13, they ask if your relative was ever been in US. If my husband just try entry US airport with an fake passport but he was catch, this means he was in US?
Laurel: No, if he was caught at the POE, he didn't enter.
2_be_me: Is it ok it write letters (for your doctors( proving hardship ahead of time and then just get them to sign them?
Laurel: Letters should be authored by the person signing.
jm: my friend filed an i-140 in 2000 by mistake they ment to file the i-130 can they still do an aos here or would they have to go to cdj the i-130filed after the fact is dated for 2002
Laurel: In order to qualify under 245i, the petition had to have been "approvable on its face". If the person filed an I-140 instead of an I-130, I'm thinking it wasn't approvable on its face.
mecheaga: Hi, if a waiver is denied you have mentioned to start denovo with a new 601, where do you start with a new I-130?, and what is the timeline to start again?
Laurel: It depends on the consulate you're dealing with. Sometimes you can just get a new consular interview based on the same petition.
traci: laurel, just wanted to let you know I filed I-601 waiver in Nov @ CDJ and was approved last Friday
falperb: me and my wife are going thru athens now and I believe we have two level two and couple level three and 3 level four arguements accordig to the memo you have, do you think we have a strong case?
Laurel: I'd have to analyze the facts of the case. Sometimes people come in saying 'I have a level one' and I review it and classify it as a level four. It depends.
Susan: After receiving a K-1 visa, is is better to cross back into the U.S. immediately at the bridge. Or would it be ok to spend 2-3 weeks in Mexico, before flying back?
Laurel: 2-3 weeks is probably ok.
ke5fbh: Laurel how do you handle the question have you ever been denied entry on the DS-230 if you have already answered it no but have a denied entry
Laurel: Reveal the error at the earliest opportunity.
anna: Hi, Laurel do you know if pilot program will be expanded to other countries?
Laurel: I'm sure it will. I just don't know when or who will be next. I would expect some of the Central American countries to be next, and not before March or April.
jm: came in 1998 went to mex in 2004 caught in arizona let loose in mex came back to the usa the next day and has been here since waiver or no waiver
Laurel: No waiver. 9C
mary_lou: laurel, with regard to sec 212a7A........you said i will be charged with miosrepresentation. i have been completely honest regarding entire matter. I was one who told them at POE, they never inquired because they looked at my tn and I was 1 telling them i have switched companies. Will that count for anything? Will it help at all that my fiance is a Lt with police department/
Laurel: I said you may. The uncertainty is why I'm saying don't prepare the waiver yet.
Jancy: Laurel- Ok. THey "Open - appointment" experiences posted (sorry maybe I misunderstood perhaps they do enter the consulate, it didn't sound like they did) say that the beneficiaries bring theor open appointment notice, they give there passport to a rep. at the window and are told to return at 3pm and then come and pick up the passport w/ visa stamp and immigration packet. This is very simple, WHY is CDJ making my fiance do the whole interview again??? Thanks for your input.
Laurel: My clients are telling me their spending the better part of the day at the consulate and they're getting fingerprinted again and stuff.
Pooh: So we are still waiting for our EAD (100 days today) I have already made an infopass last monday and again this up coming Monday. Do you suggest we get a congressman involved if we still haven't heard from CSC by end of August? BTW their processing date is at May 29th and our EAD was filed May 14th
Laurel: See what happens at your Infopass appointment.
Cathryn: I'm trying to get my infopass appointment for September 7th, is really hard trying to find an appointment on infopass always says no appointments available, I'm starting to egt as bit worried, ay suggestions? I heard something about appointments bring open during certain time of the day?
Laurel: You cannot schedule more than 14 days in advance.
lauram: I entered the U.S. in 1982 when I was 1 month old, I was told I can include my hardship for consideration under the immact 1990 ...is this true and how does it work?
Laurel: Do you have a qualifying relative?
Cathryn: Also I wanted to ask, we had genital warts, very embarrasing but would that be an issue in the medical? do you sugegst briging a letter form the doctor saying they were threated? the doctor told us it is a very very common std, if you sleep with more than one person in your life changes are you are going to get it. but would stuff like that plya a big role in the medical appotinment?
Laurel: Genital warts come from HPV. Very common. Their an unpleasant pest, but not exactly Extreme Hardship.
lauram: yes my husband is a U.S. citizen
Laurel: If your only grounds of inadmissibility is unlawful presence and you entered at age 1 month, that's not really extreme hardship to him, but its a huge, huge mitigating factor for the waiver.
shannon: are fiance I-601 applicants given less weight than those of married people?
Laurel: There's no difference in my approval rate for fiance(e)s vs spouses.
mary_lou: no i have SKED ABOUT IT BEFORE ON HERE BUT YOU NEVER REPLIED.....AND I COMPLETELY UNDERSTAND, YOU ARE BUSY HERE AS I CAN SEE...THANKS FOR ALL YOUR INFO
Laurel: Yea, I can't always get to every question and now is a good example. Its 5 past noon and its time for me to get back to my cases. There are 42 questions waiting to be answered right now. I'll see you all next week. MaryLou, yes, if your case is denied, definitely do a consultation and we'll talk, but don't stress about it until that occurs.
Laurel: First, some preliminaries. What I state in this chat does not constitute legal advice as I have not had the opportunity to review your case. Participation in the chat does not create an attorney-client relationship.
Laurel: When you type to the chat, I can view what you’ve written, but it will only be visible to everyone in the main window if I post it. I will not have the opportunity to answer every question. I prefer not to answer questions I’ve already answered, when asked by someone else.
petal07: Hello Laurel...On the 601 form #11 asks for when applicant was previously in US...do you put when they entered and when they left? Question C asks for relatives in US...do I list my self and minor aged children?
Laurel: Yes, you put entries and exits. For relatives in the US, only list USCs and LPRs whether or not they are qualifyign relatives.
2_be_me: I have just had my I-130 packet completed at the NVC. I submitted a I-129f back in March and believe I will get my K-3 interview at the end of the year. Is it possible to get the K-3 interview changed to a CR1 interview? I know that the Mexican consulant will have to request the packet from the NVC but have you had them to do this recently? Also how long does it take to re-schedule a k-3 interview?
Laurel: They don't seem to be doing that right now, but that's something I want to ask Mr. B. I had hoped I would get a chance to talk to him last week, but that did not happen. I will let you all know if I have any information.
emt103c: My husband is going through Montreal Consulate and had been told that he would have to file both I-601 and I-212, however while we were waiting for some supplemental evidence to process his overstay ban expired. (601 for overstay of about 6 months and I-212 for expedited removal at border.) Will they only require the I-212 now? or is there a chance they will still ask for the I-601?
Laurel: Ok, this is where 8 CFR does stuff that doesn't make sense. Your husband no longer needs the I-601. There's no point in filing it. He still need the I-212, but now that there's no longer an I-601 attached, he's supposed to send it to the CIS office having jurisdiction over the place at which the deportation occurred UNLESS we're talking about a K visa, in which case you still file at the consulate. Does not make sense.
mary_lou: Hi laurel, i have my interview in 10 days, i am a little concerned regarding my being denied entry on nov 29. under sec 212a7A. Will i have a problem getting K1 visa or is there a chance i need a waiver.
Laurel: Frequently those who are refused entry under 212a7A are later charged retroactively with misrepresentation when they go through consular processing. If this happens, you will have to apply for a waiver.
MAMACITA: Hi Laurel, quick question, 6 wks ago Oscar announced that the Aug/Sept waiver's were completed and just not mailed out,,,,,why haven't we seen these yet? We are seeing waiver's now approved out of order, i.e.-Dec, Jan, Feb,? Could you please check w/Oscar and see why the delay? This isn't fair in my opinion!
Laurel: I'll see what I can find out.
ke5fbh: Laurel, just need to ask about the I-130 and the question regarding - have you ever had trouble with immigration -would this include catch and release or perhaps denied entry?
Laurel: I usually don't list those kind of events on the I-130, but they do come up on the DS-230. "Catch and release" is technically a "denied entry".
soelet: Hi Laurel, I appreciate your CIS office info. 1 question: you rate Guatemala as a 4, I understand you've had 1 approval w/ Guate. Did you use other cases for your ratings?
Laurel: Two approvals now. But its not just what's been approved, it also how strong I thought the cases were that were approved. If I get a super-strong case approved, that doesn't tell me much. Likewise if a very weak case gets denied, I don't know much. Its the cases with pluses and minuses that tell me something. For Guate, I'm also incorporating reputation into the analysis as well as personal experience. I never use just one or the other.
corazoncita: are we chatting now?
Laurel: No
laurafern11: I've been collecting again. Here goes: Is there any way for a person with an approved I-130 to receive a non-immigrant visa, a work visa perhaps? For example, a person who started filing but before going to CDJ found out they would be 9(c) ineligible for an I-601 waiver (husband is still residing without status in the U.S., but there is a decent chance he will eventually be deported)? Is there any way he would be eligible for a 212d3 waiver, or would his obvious immigrant intent bar him from that?
Laurel: I saw you'd been collecting!
This is a good question. Once the I-130 is filed, its tough to get a nonimmigrant visa or a nonimmigrant waiver, but not impossible. Some nonimmigrant visas, such as the H1B, allow immigrant intent and you may be more likely to get a (d)(3) waiver in such a situation. But for other visas, such as a B2 to visit the I-130 petitioner, it can be tough to overcome the immigrant intent issue.
Gracie: I am a USC; fiancee is Nigerian living in Nigera. If we marry in Mexio, will Mexico issue the K-3 visa to him?
Laurel: That's what it says in the Foreign Affairs Manual. I haven't tried it yet, but the law is on our side.
laurafern11: from Dorothea: My husband was given a three-year bar for drug use. It's been about... 6 months now. He got a paper stating he should take 10 drug tests in the 3 years and some sort of drug rehab program. What I want to know is how often should my husband be getting drug tested? He has not gone once yet, tho I pester him about it A LOT! He is being hard headed, but it is because he works all the time and feels that he can't take a day off for this. I think he's being stupid, but what can I do from 3000 miles away? If I give him a direct quote from a lawyer regarding him specifically, maybe he will listen... Should he be going every month? Every three? Is 10 times enough, or would more be better?
Laurel: IMHO the consulate does a poor job of describing what they want you to do in the situation and the FAM and other regs give little or no guidance. Best to enroll in a drug treatment program, even if its just to get a letter form an expert saying that they think the person is not an addict and doesn't need to be there. Also good to get tested every six months or so. MissLiss is a good source of information on this.
Laurel: Looks like she's not here right now, though.
Laura: Hi Laurel, a member on I2US recently got a visit from people claiming to be with USCIS. They told her that because she is LPR she should have informed them when she married her EWI husband, and that now she should divorce him, and remarry him and let USCIS know immediately. Does that make any sense at all or does it sound fishy?
Laurel: Sounds fishy. Makes no sense.
matavele: Hi Laurel, my husband and I filed AOS Aug 8, 2006 and still have not received an appt notice. We have moved and updated our address but still cant seem to get the case moved to San Antonio. It is still pending in Cali Service Center since Nov 16 or at least that is the message on the status window of the cis website. What can i do? Do we need a lawyer to get it moving?
Laurel: A Congressman might be more help, actually. They stonewall attorneys just as well as they stonewall applicants. They have a harding time doing that to a Congressman.
laurafern11: From Adriane: My husband and I are currently living in CDJ. He will be issued a K-3 visa. Once his visa is granted, we file for EAD. Is there any reason we can't remain in CDJ until the EAD is granted? Is it safe for him to occassionally cross into the US during this time?
As a K-3 visa holder, after moving to the U.S. and applying for AOS, do we need to request Advanced Parole before travelling outside of the US?
Laurel: I usually recommend to people that once they get their post-601 K visa, that they enter the US as soon as possible and remain in the US until they get the green card. The new filing fees have forced me to re-think that advice since really the risk of returning to the consulate for the IV is minimal and its now substantially cheaper. For the people you described, he will have to show up in the US for fingerprints for the EAD, but other than that, it shouldn't be an issue except for my usualy recommendation that post-601 K visas holders keep their travels to a minimum until getting the green card. If a post-601 K3 does want to travel while the I-485 is pending, no Advanced Parole is required, For a K1, you would need Advanced Parole.
Jancy: I see the open appoinments for "visa pick-up" are extremely simple. They don't even have to enter the consulate. WHY is CDJ telling my fiance he has to do a how new interview (our I-601 was approved and we were given an appt. for Oct.)???
Laurel: They have to enter the consulate.
matavele: The more pressing decision is that his EAD will expire Nov 19 and if it takes 90 days get a new one we would have to apply this week???
Laurel: Play it safe. Apply for renewal. I know its a big chunk of change, but I think you need to do it.
petal07: For my HSL my daughter has extensive med records for her asthma...should I only include the last yr? 6mo?
Laurel: I'll give you the attorney's favorite response: It depends. You don't want to be giving 100 pages of medical records. You supply what you need to supply to prove what you need to prove and no more. How much is that? It depends.
laurafern11: Finally, any information on waiver processing times and the level of difficulty for proving extreme hardship for Honduras and/or Costa Rica?
Laurel: Not at this time. Most of Central America and the Carribean has a general reputation for lenience with the notable exception of Kingston. I don't have any person experience to throw in, so I haven't listed those locations on my notes.
angela256z: Hi Laurel - My husband entered the US in 1992 - 93 for a little over a year. I told him that we need to put it on the application even if it didn't count and he does not want me to do it. He thinks they will ask for proof that he was here. Will they ask for proof?
Laurel: They ask about entries and exits, so you must put it on there. Its not especially important for an IV case, so why lie? I seriously doubt they would ask for proof that he was here as its not that important.
corazoncita: Hi Laurel! Thank you sooooo much for taking the time to answer our questions every week... you are such a considerate person. I am apologizing in advance for the length of my questions-- these are really hairy ones.
Laurel: I'm beautiful and funny, too.
jm: more then 1 ewi caught in arizona sent back to mex then crossed again can a waiver be filed
Laurel: As long as it was a catch-and-release and not a formal deportation.
Jancy: Also I've heard that the Medical exams are getting inappropriate in the questions the ask, how the exams are administered and the "treatment" they require applicants to ex: AAA for scoial drinking, meeting a counselor for "problems with immigration". What can we do about this, it is deffinately not right.
Laurel: Getting inappropriate? You sound like they haven't already been inappropriate for some time. I've made a complaint to CDC. I may need to renew the complaint sometime soon.
jm: any way to get around 212a9c
Laurel: In the 9th Circuit under 245i only. Other than that, the only way 'around' is to prove the consulate or CIS erred in the finding.
angela256z: Do you know of any Fiance/Marriage visa books that you recommend so that I can show my husband the laws. I need a book not the website cause it's to confusing to him. I found a book by Nolo, but people say it may not be a good book.
Laurel: Nolo press books are excellent. There are no good books on foreign-filed waivers, at least none that I can recommend at this time.
corazoncita: Unfortunately, my husbadn has made a lot of stupid mistakes and now has quite and extensive criminal record. most are traffic violations (driving w/o a license) but there are a couple misdimeanors and a felony for which he is currently serving a 6 months sentence. I know you are going to say that each case is different, but I just really want your HONEST opinion. I have really strong hardships (A level 1, a level 2, and several hardships on levels 3 & 4-- I read your essay!) and my husband can give "evidence of rehabilitation." I am so ashamed to list all the charges, but here they are....
Laurel: I prefer to see at least 8-10 years since the last conviction. More if its a felony or violent crime. If he's currently serving six months for a felony, it is extremely, extremely unlikey that you would be able to get a waiver approved regardless of your hardship.
jm: catch and release do they fingerprint you???
Laurel: Not usually, but sometimes.
MAMACITA: With the implementation of "open appt's" now for the backlogged waivers, how long before they are mailed out after the approved I601's? We are seeing a range of 1 wk to 3 wks, any idea?
Laurel: 1 to 3 weeks sounds right.
mary_lou: Laurel does that mean i will be charged at interview and then required to file waiver or do you mean after i have moved to the U>S. Should I prepare a waiver before i attend the interview?
Laurel: At the consular interview. If you're unsure whether a waiver wil be required, you might want to wait until the finding is made before preparing. I talk about that situation in my memo.
Pink: There's that wonderful sense of humor slipping again. That has to be a prerequisite for becoming an immigration attorney...
Laurel: By "slipping", you mean "not good"? My sense of humor is slipping?
Susan: In you memo regarding HSLs you mention that it is preferred to have documentation from U.S. government sources. Would the World Bank or UNICEF ect. be also considered reliable data for supporting a claim?
Laurel: It depends. I've used such sources in waiver cases.
ce_ll: Oops! I must have accidentally added a smiley face that was supposed to be a ( in the INA section.
Laurel: That's understandable. Doesn't 9B make everyone want to add a smiley face?
ce_ll: Laurel, the e-mail response we got from CDJ sited INA 212(a)(9)(C)(i)(l) and 212(a)(9)(C)(i)(II) and said that my BIL was found ineligible based on those laws not his time accumulated in the US. The form that he was given at his interview had the boxes checked for 212(a)(9)( (ll) and 212 (a)(9)(C)(l) are they referring to different laws than what was check on his form given at the interview? If so, what should we do? If I pay for a consulatation can you help?
Laurel: This is the case that was posted on the Imm2us forum, right? I made some comments on it previously. Still not resolved, huh? Yeah, we may need to do a consular MTR.
Pink: There's that wonderful sense of humor slipping "in" again...
Laurel: ah, ok. We can stay friends, then.
petal07: I had asked in a previous chat regarding getting a tx for no lic, careless driving and failure to give aid...I found out that these charges are only traffic violations not criminal...do I need to list this tx on the DS-230?
Laurel: Normally I tell people to err on the side of including traffic stuff, but I'm distrubed by the 'failure to give aid'. If it were my case, I'd prefer not to volunteer that one if I don't have to. Be extra, extra, extra sure its not a criminal charge and err on the side of not including it.
corazoncita: Charges between 2003-2004 (before he met me-- did not hire attorney)
-driving w/o lisence, no insurance, no tags
-public disorderly conduct/ open container
-driving w/o lisence
Charges after 2004... all w/ atty
-aug. 2006 open container
-nov. 2006 Level 5 DWI (meaning he was barely above legal limit)
-mar. 2007 Hit & Run (long story) one felony count, one misdimeanor count
Laurel: Also, two alcohol-related convictions in the past three years will lead to him being found ineligible to file a waiver on medical grounds.
Jancy: I was told that is supposed to be "law/common practice" to give temp. work permits to K-1 Finace Visa holders. We all know that this is not done. Is there a printout I can take to the Port-of-Entry Immigration office that will show them that they are required to give the 90 work visa???
Laurel: A K1 is eligible to apply for an EAD, but you have to file the I-765, etc., which takes time to process and by the time you get an EAD, your K1 status is expired and the EAD based on K1 status automatically expires with it. Just get married ASAP and file an I-765 with the AOS packet.
angela256z: If a person has been deported or is in the us as an EWI can their employer still petition for them? My friends job just got 4 employees deported and wants to petition for them back inder and I-140 application. They really can't file waivers for them right?
Laurel: The employer can petition, but they need qualifying relatives for the waiver.
emt103c: If I'm to file his 212 at the office having jurisdiction over the place the deportation took place, will the Montreal Consulate let me know? They told me he was ineligible but also told me they would send further instructions after they processed the supplemental evidence and that I couldn't file the waivers until the evidence was processed.
Laurel: Just file the I-212 now. The consulate's not really involved in that until a decision is made.
mary_lou: i should have nemtioned that my TN was still valid and I was completely misinformed about changing companies. the POE even contacted the other company and told them that they were not allowed to hire me, i only worked there 1 month. I was honest at POE and told them I switched jobs. I also reported evertything on my petition regarding this matter. Just a little scared about having to file waiver at interview I guess
Laurel: Ok, you might not be found inadmissible. Don't work on a waiver until you get a decision from the consulate. I feel like I've discussed this case before.
Susan: In an email consultation, would you be able to advise on the strength of the HSL arguements. We will be filing a waiver for a K-1(fiance EWI from Mexico), but want to make sure we have some relatively strong arguements before proceeding with the interview.
Laurel: Yes. I don't guide people in writing their own waiver packets, so I don't want you think I'm going to be telling you what documents you need to gather together or how to improve your case, but I can evaluate whether your hardships are strong enough to attempt the process.
mary8173: Hi Laurel I am knew on here. So you might have anwered this before Would a person be eligiable for 601 waiver. EwI 1991 Left in Dec 1997 own his own just to vist family in mexico. EWI again April 1998 and has been her ever since. Interview is set for Oct 11 2007 in CDJ
Laurel: Unlawful presence prior to April 1997 does not count toward 9C, so he should be ok. he should be eligible to apply for a waiver.
Maria: Hi,Laurel. In the I 130 at question 13, they ask if your relative was ever been in US. If my husband just try entry US airport with an fake passport but he was catch, this means he was in US?
Laurel: No, if he was caught at the POE, he didn't enter.
2_be_me: Is it ok it write letters (for your doctors( proving hardship ahead of time and then just get them to sign them?
Laurel: Letters should be authored by the person signing.
jm: my friend filed an i-140 in 2000 by mistake they ment to file the i-130 can they still do an aos here or would they have to go to cdj the i-130filed after the fact is dated for 2002
Laurel: In order to qualify under 245i, the petition had to have been "approvable on its face". If the person filed an I-140 instead of an I-130, I'm thinking it wasn't approvable on its face.
mecheaga: Hi, if a waiver is denied you have mentioned to start denovo with a new 601, where do you start with a new I-130?, and what is the timeline to start again?
Laurel: It depends on the consulate you're dealing with. Sometimes you can just get a new consular interview based on the same petition.
traci: laurel, just wanted to let you know I filed I-601 waiver in Nov @ CDJ and was approved last Friday
falperb: me and my wife are going thru athens now and I believe we have two level two and couple level three and 3 level four arguements accordig to the memo you have, do you think we have a strong case?
Laurel: I'd have to analyze the facts of the case. Sometimes people come in saying 'I have a level one' and I review it and classify it as a level four. It depends.
Susan: After receiving a K-1 visa, is is better to cross back into the U.S. immediately at the bridge. Or would it be ok to spend 2-3 weeks in Mexico, before flying back?
Laurel: 2-3 weeks is probably ok.
ke5fbh: Laurel how do you handle the question have you ever been denied entry on the DS-230 if you have already answered it no but have a denied entry
Laurel: Reveal the error at the earliest opportunity.
anna: Hi, Laurel do you know if pilot program will be expanded to other countries?
Laurel: I'm sure it will. I just don't know when or who will be next. I would expect some of the Central American countries to be next, and not before March or April.
jm: came in 1998 went to mex in 2004 caught in arizona let loose in mex came back to the usa the next day and has been here since waiver or no waiver
Laurel: No waiver. 9C
mary_lou: laurel, with regard to sec 212a7A........you said i will be charged with miosrepresentation. i have been completely honest regarding entire matter. I was one who told them at POE, they never inquired because they looked at my tn and I was 1 telling them i have switched companies. Will that count for anything? Will it help at all that my fiance is a Lt with police department/
Laurel: I said you may. The uncertainty is why I'm saying don't prepare the waiver yet.
Jancy: Laurel- Ok. THey "Open - appointment" experiences posted (sorry maybe I misunderstood perhaps they do enter the consulate, it didn't sound like they did) say that the beneficiaries bring theor open appointment notice, they give there passport to a rep. at the window and are told to return at 3pm and then come and pick up the passport w/ visa stamp and immigration packet. This is very simple, WHY is CDJ making my fiance do the whole interview again??? Thanks for your input.
Laurel: My clients are telling me their spending the better part of the day at the consulate and they're getting fingerprinted again and stuff.
Pooh: So we are still waiting for our EAD (100 days today) I have already made an infopass last monday and again this up coming Monday. Do you suggest we get a congressman involved if we still haven't heard from CSC by end of August? BTW their processing date is at May 29th and our EAD was filed May 14th
Laurel: See what happens at your Infopass appointment.
Cathryn: I'm trying to get my infopass appointment for September 7th, is really hard trying to find an appointment on infopass always says no appointments available, I'm starting to egt as bit worried, ay suggestions? I heard something about appointments bring open during certain time of the day?
Laurel: You cannot schedule more than 14 days in advance.
lauram: I entered the U.S. in 1982 when I was 1 month old, I was told I can include my hardship for consideration under the immact 1990 ...is this true and how does it work?
Laurel: Do you have a qualifying relative?
Cathryn: Also I wanted to ask, we had genital warts, very embarrasing but would that be an issue in the medical? do you sugegst briging a letter form the doctor saying they were threated? the doctor told us it is a very very common std, if you sleep with more than one person in your life changes are you are going to get it. but would stuff like that plya a big role in the medical appotinment?
Laurel: Genital warts come from HPV. Very common. Their an unpleasant pest, but not exactly Extreme Hardship.
lauram: yes my husband is a U.S. citizen
Laurel: If your only grounds of inadmissibility is unlawful presence and you entered at age 1 month, that's not really extreme hardship to him, but its a huge, huge mitigating factor for the waiver.
shannon: are fiance I-601 applicants given less weight than those of married people?
Laurel: There's no difference in my approval rate for fiance(e)s vs spouses.
mary_lou: no i have SKED ABOUT IT BEFORE ON HERE BUT YOU NEVER REPLIED.....AND I COMPLETELY UNDERSTAND, YOU ARE BUSY HERE AS I CAN SEE...THANKS FOR ALL YOUR INFO
Laurel: Yea, I can't always get to every question and now is a good example. Its 5 past noon and its time for me to get back to my cases. There are 42 questions waiting to be answered right now. I'll see you all next week. MaryLou, yes, if your case is denied, definitely do a consultation and we'll talk, but don't stress about it until that occurs.