Laura
08-29-2007, 02:59 PM
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.
dduran: Good morning Laurel, for those people with green cards as of 82, do they have to renew there cards? 2nd if a person is denied to chg interveiw location instead of leaving US. does it mean they have to start all over again (he's doing the NVC packet already)?
Laurel: Currently, regardless of when your green card was issued, it must be renewed every ten years. They are talking about getting rid of that requirement, but for now its still in place. This is true even if you have an old card with no expiration. The card expires, but the status does not. You are not out of status, but you need a new card. File an I-90. As for the second question, I'm not sure I understand why they were denied. Whether they would have to proceed abroad depends on the facts of the case and I don't have enough information from your description to make that determination.
madhuri: Laurel, Can u tell me if I have approved H1, can I file for a waiver
Laurel: The I-601 is only filed in conjunction with an immigration visa, adjustment of status, or K visa. An I-212 for former deportation does not require any particular type of visa application. For nonimmigrants with inadmissibility other than former deportation, a (d)(3) is usually the way to go.
bradm: I read in one of your articles regarding i601 that if your case grandfathers immact90 the aliens hardship will also be considered for thr waiver....can you tell me what section this is please...and i've noticed some people have gotten their 1st interview appt in about 9 months ...has there been a change to the 1st interview wait time?
Laurel: Need more information. How do you think the case would be grandfathering in? Under 245i? Deportation defense?
2_be_me: Have you found out if they will let someone have their completed I-130 packet forwarded if they have an upcoming K-3 interview and want a CR1 interview instead? Also does the CDJ consulant have a lot of interviews in the last 3 weeks of the year? I really can not go to CDJ in December.
Laurel: I have not yet gotten that information. But I can tell you that they would only even be able to do the CR1 interview instead if they already have received that case from the NVC. So, if your case is still at NVC and you do the K3 interview and get the waiver approved through Pilot Program, its not really even a theoritical possibility. Usually around Christmas is not a good time to do interviews. Government officials are more likely to postpone or reschedule or whatever.
angela256z: If I have sent in my I-130 and received my NOA1 and am now thinking on doing the I-129F for faster processing in CDJ, When is it to late to sent that application in? I received my NOA1 on Aug 2.
Laurel: That's a matter of legal debate right now. The letter of the law says that you can only file the I-129F if the I-130 is pending. But the point of the K3 is to get the alien spouse here when the immigrant visa is taking too long, so the spirit of the law says that you should be able to file the I-129F as long as the immigrant visa has not yet been issued. Up until Aug 1, they were processing the I-129Fs in this situation, but as of Aug 1 they want you to send the I-129F to the CIS office "where the I-130 is pending". So, we'll see what happens. I've filed a few like this since Aug 1 and haven't gotten a rejection yet. But then its too early for approvals, too.
Kim: What specifically financially is the USC responsible for if the couple divorce within the first year of entering the US with a CR-1 visa? All living expenses, room/board, insurance?
Laurel: If the alien goes and gets public assitance legally, you must repay the public assistance. But as aliens are not eligible for many types of public assistance in the first five years of entering, its not especially important.
Mendoza: Laurel, Are there any non-immigrant visas available for the spouse of a LPR similar to the K-3 that is for USC?
Laurel: For a short time they were doing V visas, but the I-130 had to have been filed before December of 2000.
wemisshim: Hi Laurel...Okay, first what we all want and are dying to know. Any news on the Backlog?
Laurel: You all seem to know as much as I do. If I have an annoucement, I'll post it. Cases are getting adjudicated, though. Most of my backlogged cases have been cleared out. I think I only have two pending right now.
laurafern11: Scenario: Husband came to the U.S. on a tourist visa in 2000 and overstayed less than one month before leaving. He then EWI in 2001 and has been here ever since. He will be eligible for an I-601 waiver, right?
Laurel: Should be.
madhuri: can u see my messages, Laurel
Laurel: No
Mendoza: For a minute there I thought we had an imposter! LOL
Laurel: No, just me signing in wrong. I am my own imposter.
traci: My approval letter is dated for August 11 for my I 601 and CDJ still has not entered it into the system, do you why it taskes so long?
Laurel: You mean the consulate has not entered it? There are "administrative procedures" that you have to go through and there's a backlog of stuff to be entered and .... (pause) ... no I don't know why it takes so long.
mmartinez: good moring Laurel.. I refiled in march , received I130 approval in july... I am waiting for I129f approval from june.. should i be recieving a response soon or should I just go with the I130 approval... do you know about when i will get another appointment since I see no hope on appeal.. also do you know why appeal are not sent to the apeal and they just sit there in juarez.. they in about a year they get transfered.... do you know who i can call in juarez to get info since they also said they would give me a new interview... i am so lost and confused.. sorry to many questions but I was not ableto join the chat last week...
Laurel: Its pretty unusual that appealing a denial out of CDJ would be your best option. I would only do that if there was a legal issue that needed to resolved with a precedent case. Even if the I-130 is approved quickly, it takes a while to get through NVC and then a long time to get an appointment, so you'll probably be going for the K3.
laurafern11: Can you comment on a person's eligibility for the I-601 if they have a misdemeanor for carrying a concealed weapon in the U.S.? Clearly, a person going through CDJ with this charge would probably be put into the backlog, but is there any reason they would be ineligible for the I-601 for a "minor" weapons offense?
Laurel: Any weapons offense make you deportable, but when it comes to inadmissibility, weapons offenses are treated like any other crime and it may qualify for the petty offense exception and not even make you inadmissibile by itself. However, if you're inadmissible for another reason, such as prior unlawful presence of over a year, it indeed may get you sent to the regular waiver process (Pilot Program referral), but shouldn't prevent an approval through the normal process as long as there is no indication of other criminal activity. Ultimately it depends on the facts of the case, as always.
Simple: Hi, My parent a LPR filed my I-130 petition last year, at this time it's pending, but I'm an overstay on a visitors visa (B1/B2) & entered 8 years ago in Miami. I spoke with at least 3 attorneys each said something different but I heard about you and decided to ask an expert who would definitely know for sure, you! The problem is the bar will kick in. I cannot risk that. Is there any way to adjust in country without leaving?
Laurel: Only the immediate relative of a US citizen can adjust status through family sponsorship, after having gone out of status. Once you turn 21, you no longer qualify as an "immediate relative", HOWEVER, the child status protection act may apply if you were under 21 at the time the I-130 was filed and subsequently turned 21, but I would have to research that one. I know you'd be able to preserve your category for preference category purposes, but can you preserve it for purposes of INA 245?
1immigrant: I got my passport stamped (TWO) Tourist Without Visa, when I came to US, coz I "think" was under inspection, Is there any way that I can fix my situation without having to go out of US?
Laurel: That's Transit Without a Visa, meaning you're passing through on your way to another country. No you cannot adjust status. You must leave an come back.
Gracie: Can a K-4 child who was over 18 years old at time of marriage file AOS based on his K-4?
Laurel: Fabulous question. Unfortunately no. A K2 in a similar situation can, but a K4 cannot.
darj: My wife was caught at the borderer in 1998. She was taken into an office, her identity information was taken, such as identification, passport. She doesn't know if it was a catch and release, or a deportation. She tried again a few days later to cross the border again. She has been here in the U.S. ever since.
Laurel: Do an FBI fingerprint check to find out if it was a deportation.
CA: I have a friend that wants to hire you to do his 601 waiver packet..He wants to know how many months before his interview he should do the consultation..After the approval on I-130 I-129F?
Laurel: I usually like to get started on the waiver after I-129F approval.
dduran: The green card was issued for life at that time, or thats what he understood.
Laurel: Status is permanent. Card is temporary. They changed the law on those "issued for life" cards. You have to get them renewed. I recommend he consult an attorney about naturalization.
Mendoza: I have a friend who submitted an advanced parole with her AOS. Is there any reason that AP's are denied? Also, following the dates given on USCIS, it is due to be approved less than 1 week from the date of her departure for Brazil, is there any way to speed the approval up?
Laurel: They will speed up your AP in cases of life and death emergency or need to attend a funeral of a close family member. A wedding or vacation is not grounds to expedite AP. It would get denied if you filled in the forms wrong, but they usually approve those, even when they shouldn't. AP approval does not mean you won't trigger the 3/10 year bars if you use it. AP approval is no guarantee you will be allowed to re-enter.
Luis: I came to the country Illegally...I will fix my situation based in marriage with a citizenship...but I have a criminal record, ONE misdemeanor "disorderly misconduct in Nevada...charges were horribles ...Is that a big inconvenient reason in order to fix my situation?
Laurel: The single misdemeanor conviction probably won't prevent you from being able to adjust status administratively, but having entered without inspection would. If you were thinking of trying to do Cancellation of Removal in court, THEN the conviction will prevent it.
madhuri: Laurel, I have a misrepresentation. I produced some false documents to procure visa 5 years ago. Is it very tough to get a waiver if I qualify for the H1 B visa
Laurel: Document fraud is one of the more serious immigration violations.
madhuri: Laurel, please tell me what the chances are for my waiver to be approved
Laurel: It depends on where you're filing, but if your ground of inadmissibility is document fraud, you're going to have to make an impressive waiver application.
bradm: because the violation occured prior to april of 1997
Laurel: Still not enough info. What was the violation?
angela256z: I am not sure if you know. If a person is here from MX on an R visa can she apply for a working visa while here in the US? I was under the impression that R visa's were religious workers and she said that she told them she was coming to visit family and attend a Quince. If you know that would be great thanks!
Laurel: You're probably looking at the wrong code on the visa. She probably has a B visa. Most visas have an "R" on them somewhere and I forget what it stands for. But that's not the type of visa. She would only be issued an R visa if she meant to apply for an R visa.
Laurel: And no, someone here in B status can't apply for an Employment Authorization Document.
dduran: His wife scared to go to CDJ, she file to have his interveiw in Sac. CA. They were denied letter said he would have to leave US. She stopped filling packet, I'd like to know if that means I 130 approval was rev. & denied also?
Laurel: Did she enter without inspection? Was it her I-485 that was denied? The I-130 may have still been approved and it sounds like it might have been, but I'm not quite getting enough information here.
ladyb: HI Laurel, My stepdad file for adjustment of status under the 245I in March 2001for my mom and brother who was 16 at the time, by this only my mom got her CG. INS told my parents that my brother had to be on a separate for and not the same one as my mom(originally INS told my parent that they could put him in the same form) So my parents refile his I130 andhis I485 to see if he could still be ligalized since the error was theirs we believe, he went to his interview but his case needed further reviewing and he got a work permit, so now we found out that his I485 got denied and we don't know what to do because we cant appeal, should we refile or should we do removal procedings. Any help would be greatly appreciated. Thank you.
Laurel: What was the reason for denial? They may have just been saying he needed his own G-325A and fingerprint fee, both of which 'kick in' at age 14.
mary_lou: Hi Laurel, I have my interview next week in Vancouver. I told you last week in case i needed a waiver because of sec 212a7A, we will be contacting you ASAP. How long does it take to file the waiver and get a respose back? thanks
Laurel: No, I think you misunderstood. INA 212(a)(7)(A) is not something that, by itself, causes you to subsequently need a waiver when applying for a K visa or immigrant visa. I had said they might find you inadmissible under INA 212(a)(6)(C)(i), if they think you had previously committed misrepresentation. But whether or not this will occur remains to be seen.
2_be_me: I was told that my I-130 packet could be forwarded if the Mex. consulant would request it. I plan to get a K-3 interview by the end of the year or beginning of next year b/c I filed a i-129f. Would the consulant request the completed file. Would Mr. B be the one to help in this matter?
Laurel: This is one of the things I need to talk to Mr. B about. My legal opinion is that the applicant has the option of choosing whether to adjust status or apply for an immigrant visa abroad, regardless of whether a K3 has been issued. I have heard of CIS and/or the consulate telling K3s they have to adjust status and I don't think they can do that, even if they are.
Laurel: I'm seeing a lot of repeated questions. Let me again post the preliminaries I start the chat off with.
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.
wemisshim: Do you think they'll be done with all of 2006 in the next month or so?
Laurel: Yes, I do.
krzyminnie: laurel my question is this: my husband came in illegally in 2000 we have already filed all the paper work we are just waiting for his interview in cd juarez my question is aprox. how long do u think it can take for my waiver to be approved? i had heard before around 1-10 yrs.
Laurel: Assuming you're eligible to apply and you have a good case and submit a well-prepared waiver packet, it should be approved on the spot at the InfoPass appointment, a few days following the consular interview.
Susan: As I understand, after receiving a letter for a K-1 Fiance Visa interview, you have 4 months to go to CDJ for an interview. Is it possible to extend that period?
Laurel: No one has ever asked that one. I'm not sure. I wouldn't recommend postponing the K1 interview even if you could.
Laurel: At least not for Juarez.
Laurel: I'm skipping over all the questions I've already answered, by the way.
Luis: I will get married with my fiancee who's going to have her citizenship in two months...both of us were married before "ONCE"...we got married the same day...Is that suspicious?
Laurel: What do you think might be suspicious?
Susan: Will several traffic violations (misdemeanors) cause you to be sent to the backlog through the pilot program? For example, driving without a license or speeding (15mph over).
Laurel: Probably not.
maru: Hello Laurel - A person that ewi but is able to adjust within country (aos)because his I130 was approved on 11/-99. So he qualifies under 2435I law.... the petitioner called immigration and informed her that they need to file I485 I485a G325a I765 and I601. Is this correct?
Laurel: You shouldn't need the I-601 with the facts you described.
wemisshim: If there's a dui involved how long can it delay the approval for? The dui was 7 yrs ago.
Laurel: A single DUI from 7 years ago with no other arrests might not even prevent Pilot Program approval. Don't get mad at me if you get referred, though.
luvinmb: I am at the paranoid phase of our wait! hahah I know you have answered these questions before, I just want to make sure that you agree with our responses in the case at his pickup he gets questioned. The inability to put exact dates of visits is due tothe fact that he had too many legal visits to recount all, etc. The fact that we did not put his random work history down on his G-325A for the U.S. work is because he did so many random days during his legal visits that it was not practical to list on the form, etc. Finally he did have one traffic speeding ticket years ago. Very minor and no problems, no fingerprinting very standard stop with a small fee which we paid. No court appointment, very basic stop. We did not list this on any forms......They did not ask about this at the first interview at all. Just want to make sure that we are not the only one's that did not have exact dates of visits, all work history listed, etc. He will not deny working in the U.S. on his tourist visa, obviously he admitted to it at his denied entry which is why they cancelled his tourist visa. He also admitted to it at his first interview, we just never listed his work here on his G-325 only Mexico work. Does everything sound like we handled it honestly and correctly?
Laurel: I might not have handled the forms, etc. the way you did, BUT I think you probably won't have any problems with visa pick-up at the post 601 approval interview.
hellokitty: hi laurel i need information about the d.o.r.a program i will live in dallas after my k3 interview, and if i need a work permit, how do i get it, where do i have to file thanks
Laurel: Make an InfoPass appointment and come in with your completed form and supporting documents.
Laurel: I actually don't usually have occasion to use the DORA program, so I have to admit, I'm not that familiar with the finer points like "can you file your K3 EAD app this way?", but really, the worst that will happen is they'll tell you to go away and mail it in.
Laurel: Actually, you might as well just file the whole AOS packet through DORA. That will eliminate the need for an EAD anyway and you'll save some money.
wemisshim: When my husband when to his first interview they didn't ask him anything about his DUI, do you think there's a chance he might be asked about it on his final interview?
Laurel: Its always a possibility. Hopefuly he handed in the conviction records the first ime around.
luvinmb: I was under the impression that EWI & Misrepresentation are the two most common CDJ waiver reasons. We filed our 601 through CDJ for misrep at the border back in 2004. We are going for a K-1. But, after reading your brief you state that regardless of the violation, it all really depends on where you file. So would I be wrong in feeling confident by going through CDJ? I know that our waiver application was very impressive.....
Laurel: At the AILA Conference in Orlando a few months ago, Warren said that for about 85% of the waiver applications in CDJ, the only ground of inadmissibility is prior unlawful presence INA 212a9b. Even though you've got misrep., CDJ is still the best office to go through.
Jorge: Hi laurel, how are you doing? I hope everything is going well for you, I have a question do you think that If I hire an attorney things will move faster, because I’m waiting for my 2nd interview but CDJ haven’t program the date yet, I talk to the attorney and he said that I can get an interview in October or December. Of course to do this he will charge me 5,000 usd. Is this true or are they saying this to get money from me, what do you think laurel? Thank you!
Laurel: You can only get an expedite in life or death emergencies and a very limited set of other situations. For an expedite on a visa interview in Juarez, the facts of the case are far more important than the attorney presenting the facts (though I can't say the attorney's presentation is unimportant). I would never charge $5000 for the expedite request alone.
Laurel: Looks like I've got 60 questions waiting to be answered and its already 8 past the hour. I'm going to have to sign off and see you next week. I'm starving.
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.
dduran: Good morning Laurel, for those people with green cards as of 82, do they have to renew there cards? 2nd if a person is denied to chg interveiw location instead of leaving US. does it mean they have to start all over again (he's doing the NVC packet already)?
Laurel: Currently, regardless of when your green card was issued, it must be renewed every ten years. They are talking about getting rid of that requirement, but for now its still in place. This is true even if you have an old card with no expiration. The card expires, but the status does not. You are not out of status, but you need a new card. File an I-90. As for the second question, I'm not sure I understand why they were denied. Whether they would have to proceed abroad depends on the facts of the case and I don't have enough information from your description to make that determination.
madhuri: Laurel, Can u tell me if I have approved H1, can I file for a waiver
Laurel: The I-601 is only filed in conjunction with an immigration visa, adjustment of status, or K visa. An I-212 for former deportation does not require any particular type of visa application. For nonimmigrants with inadmissibility other than former deportation, a (d)(3) is usually the way to go.
bradm: I read in one of your articles regarding i601 that if your case grandfathers immact90 the aliens hardship will also be considered for thr waiver....can you tell me what section this is please...and i've noticed some people have gotten their 1st interview appt in about 9 months ...has there been a change to the 1st interview wait time?
Laurel: Need more information. How do you think the case would be grandfathering in? Under 245i? Deportation defense?
2_be_me: Have you found out if they will let someone have their completed I-130 packet forwarded if they have an upcoming K-3 interview and want a CR1 interview instead? Also does the CDJ consulant have a lot of interviews in the last 3 weeks of the year? I really can not go to CDJ in December.
Laurel: I have not yet gotten that information. But I can tell you that they would only even be able to do the CR1 interview instead if they already have received that case from the NVC. So, if your case is still at NVC and you do the K3 interview and get the waiver approved through Pilot Program, its not really even a theoritical possibility. Usually around Christmas is not a good time to do interviews. Government officials are more likely to postpone or reschedule or whatever.
angela256z: If I have sent in my I-130 and received my NOA1 and am now thinking on doing the I-129F for faster processing in CDJ, When is it to late to sent that application in? I received my NOA1 on Aug 2.
Laurel: That's a matter of legal debate right now. The letter of the law says that you can only file the I-129F if the I-130 is pending. But the point of the K3 is to get the alien spouse here when the immigrant visa is taking too long, so the spirit of the law says that you should be able to file the I-129F as long as the immigrant visa has not yet been issued. Up until Aug 1, they were processing the I-129Fs in this situation, but as of Aug 1 they want you to send the I-129F to the CIS office "where the I-130 is pending". So, we'll see what happens. I've filed a few like this since Aug 1 and haven't gotten a rejection yet. But then its too early for approvals, too.
Kim: What specifically financially is the USC responsible for if the couple divorce within the first year of entering the US with a CR-1 visa? All living expenses, room/board, insurance?
Laurel: If the alien goes and gets public assitance legally, you must repay the public assistance. But as aliens are not eligible for many types of public assistance in the first five years of entering, its not especially important.
Mendoza: Laurel, Are there any non-immigrant visas available for the spouse of a LPR similar to the K-3 that is for USC?
Laurel: For a short time they were doing V visas, but the I-130 had to have been filed before December of 2000.
wemisshim: Hi Laurel...Okay, first what we all want and are dying to know. Any news on the Backlog?
Laurel: You all seem to know as much as I do. If I have an annoucement, I'll post it. Cases are getting adjudicated, though. Most of my backlogged cases have been cleared out. I think I only have two pending right now.
laurafern11: Scenario: Husband came to the U.S. on a tourist visa in 2000 and overstayed less than one month before leaving. He then EWI in 2001 and has been here ever since. He will be eligible for an I-601 waiver, right?
Laurel: Should be.
madhuri: can u see my messages, Laurel
Laurel: No
Mendoza: For a minute there I thought we had an imposter! LOL
Laurel: No, just me signing in wrong. I am my own imposter.
traci: My approval letter is dated for August 11 for my I 601 and CDJ still has not entered it into the system, do you why it taskes so long?
Laurel: You mean the consulate has not entered it? There are "administrative procedures" that you have to go through and there's a backlog of stuff to be entered and .... (pause) ... no I don't know why it takes so long.
mmartinez: good moring Laurel.. I refiled in march , received I130 approval in july... I am waiting for I129f approval from june.. should i be recieving a response soon or should I just go with the I130 approval... do you know about when i will get another appointment since I see no hope on appeal.. also do you know why appeal are not sent to the apeal and they just sit there in juarez.. they in about a year they get transfered.... do you know who i can call in juarez to get info since they also said they would give me a new interview... i am so lost and confused.. sorry to many questions but I was not ableto join the chat last week...
Laurel: Its pretty unusual that appealing a denial out of CDJ would be your best option. I would only do that if there was a legal issue that needed to resolved with a precedent case. Even if the I-130 is approved quickly, it takes a while to get through NVC and then a long time to get an appointment, so you'll probably be going for the K3.
laurafern11: Can you comment on a person's eligibility for the I-601 if they have a misdemeanor for carrying a concealed weapon in the U.S.? Clearly, a person going through CDJ with this charge would probably be put into the backlog, but is there any reason they would be ineligible for the I-601 for a "minor" weapons offense?
Laurel: Any weapons offense make you deportable, but when it comes to inadmissibility, weapons offenses are treated like any other crime and it may qualify for the petty offense exception and not even make you inadmissibile by itself. However, if you're inadmissible for another reason, such as prior unlawful presence of over a year, it indeed may get you sent to the regular waiver process (Pilot Program referral), but shouldn't prevent an approval through the normal process as long as there is no indication of other criminal activity. Ultimately it depends on the facts of the case, as always.
Simple: Hi, My parent a LPR filed my I-130 petition last year, at this time it's pending, but I'm an overstay on a visitors visa (B1/B2) & entered 8 years ago in Miami. I spoke with at least 3 attorneys each said something different but I heard about you and decided to ask an expert who would definitely know for sure, you! The problem is the bar will kick in. I cannot risk that. Is there any way to adjust in country without leaving?
Laurel: Only the immediate relative of a US citizen can adjust status through family sponsorship, after having gone out of status. Once you turn 21, you no longer qualify as an "immediate relative", HOWEVER, the child status protection act may apply if you were under 21 at the time the I-130 was filed and subsequently turned 21, but I would have to research that one. I know you'd be able to preserve your category for preference category purposes, but can you preserve it for purposes of INA 245?
1immigrant: I got my passport stamped (TWO) Tourist Without Visa, when I came to US, coz I "think" was under inspection, Is there any way that I can fix my situation without having to go out of US?
Laurel: That's Transit Without a Visa, meaning you're passing through on your way to another country. No you cannot adjust status. You must leave an come back.
Gracie: Can a K-4 child who was over 18 years old at time of marriage file AOS based on his K-4?
Laurel: Fabulous question. Unfortunately no. A K2 in a similar situation can, but a K4 cannot.
darj: My wife was caught at the borderer in 1998. She was taken into an office, her identity information was taken, such as identification, passport. She doesn't know if it was a catch and release, or a deportation. She tried again a few days later to cross the border again. She has been here in the U.S. ever since.
Laurel: Do an FBI fingerprint check to find out if it was a deportation.
CA: I have a friend that wants to hire you to do his 601 waiver packet..He wants to know how many months before his interview he should do the consultation..After the approval on I-130 I-129F?
Laurel: I usually like to get started on the waiver after I-129F approval.
dduran: The green card was issued for life at that time, or thats what he understood.
Laurel: Status is permanent. Card is temporary. They changed the law on those "issued for life" cards. You have to get them renewed. I recommend he consult an attorney about naturalization.
Mendoza: I have a friend who submitted an advanced parole with her AOS. Is there any reason that AP's are denied? Also, following the dates given on USCIS, it is due to be approved less than 1 week from the date of her departure for Brazil, is there any way to speed the approval up?
Laurel: They will speed up your AP in cases of life and death emergency or need to attend a funeral of a close family member. A wedding or vacation is not grounds to expedite AP. It would get denied if you filled in the forms wrong, but they usually approve those, even when they shouldn't. AP approval does not mean you won't trigger the 3/10 year bars if you use it. AP approval is no guarantee you will be allowed to re-enter.
Luis: I came to the country Illegally...I will fix my situation based in marriage with a citizenship...but I have a criminal record, ONE misdemeanor "disorderly misconduct in Nevada...charges were horribles ...Is that a big inconvenient reason in order to fix my situation?
Laurel: The single misdemeanor conviction probably won't prevent you from being able to adjust status administratively, but having entered without inspection would. If you were thinking of trying to do Cancellation of Removal in court, THEN the conviction will prevent it.
madhuri: Laurel, I have a misrepresentation. I produced some false documents to procure visa 5 years ago. Is it very tough to get a waiver if I qualify for the H1 B visa
Laurel: Document fraud is one of the more serious immigration violations.
madhuri: Laurel, please tell me what the chances are for my waiver to be approved
Laurel: It depends on where you're filing, but if your ground of inadmissibility is document fraud, you're going to have to make an impressive waiver application.
bradm: because the violation occured prior to april of 1997
Laurel: Still not enough info. What was the violation?
angela256z: I am not sure if you know. If a person is here from MX on an R visa can she apply for a working visa while here in the US? I was under the impression that R visa's were religious workers and she said that she told them she was coming to visit family and attend a Quince. If you know that would be great thanks!
Laurel: You're probably looking at the wrong code on the visa. She probably has a B visa. Most visas have an "R" on them somewhere and I forget what it stands for. But that's not the type of visa. She would only be issued an R visa if she meant to apply for an R visa.
Laurel: And no, someone here in B status can't apply for an Employment Authorization Document.
dduran: His wife scared to go to CDJ, she file to have his interveiw in Sac. CA. They were denied letter said he would have to leave US. She stopped filling packet, I'd like to know if that means I 130 approval was rev. & denied also?
Laurel: Did she enter without inspection? Was it her I-485 that was denied? The I-130 may have still been approved and it sounds like it might have been, but I'm not quite getting enough information here.
ladyb: HI Laurel, My stepdad file for adjustment of status under the 245I in March 2001for my mom and brother who was 16 at the time, by this only my mom got her CG. INS told my parents that my brother had to be on a separate for and not the same one as my mom(originally INS told my parent that they could put him in the same form) So my parents refile his I130 andhis I485 to see if he could still be ligalized since the error was theirs we believe, he went to his interview but his case needed further reviewing and he got a work permit, so now we found out that his I485 got denied and we don't know what to do because we cant appeal, should we refile or should we do removal procedings. Any help would be greatly appreciated. Thank you.
Laurel: What was the reason for denial? They may have just been saying he needed his own G-325A and fingerprint fee, both of which 'kick in' at age 14.
mary_lou: Hi Laurel, I have my interview next week in Vancouver. I told you last week in case i needed a waiver because of sec 212a7A, we will be contacting you ASAP. How long does it take to file the waiver and get a respose back? thanks
Laurel: No, I think you misunderstood. INA 212(a)(7)(A) is not something that, by itself, causes you to subsequently need a waiver when applying for a K visa or immigrant visa. I had said they might find you inadmissible under INA 212(a)(6)(C)(i), if they think you had previously committed misrepresentation. But whether or not this will occur remains to be seen.
2_be_me: I was told that my I-130 packet could be forwarded if the Mex. consulant would request it. I plan to get a K-3 interview by the end of the year or beginning of next year b/c I filed a i-129f. Would the consulant request the completed file. Would Mr. B be the one to help in this matter?
Laurel: This is one of the things I need to talk to Mr. B about. My legal opinion is that the applicant has the option of choosing whether to adjust status or apply for an immigrant visa abroad, regardless of whether a K3 has been issued. I have heard of CIS and/or the consulate telling K3s they have to adjust status and I don't think they can do that, even if they are.
Laurel: I'm seeing a lot of repeated questions. Let me again post the preliminaries I start the chat off with.
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.
wemisshim: Do you think they'll be done with all of 2006 in the next month or so?
Laurel: Yes, I do.
krzyminnie: laurel my question is this: my husband came in illegally in 2000 we have already filed all the paper work we are just waiting for his interview in cd juarez my question is aprox. how long do u think it can take for my waiver to be approved? i had heard before around 1-10 yrs.
Laurel: Assuming you're eligible to apply and you have a good case and submit a well-prepared waiver packet, it should be approved on the spot at the InfoPass appointment, a few days following the consular interview.
Susan: As I understand, after receiving a letter for a K-1 Fiance Visa interview, you have 4 months to go to CDJ for an interview. Is it possible to extend that period?
Laurel: No one has ever asked that one. I'm not sure. I wouldn't recommend postponing the K1 interview even if you could.
Laurel: At least not for Juarez.
Laurel: I'm skipping over all the questions I've already answered, by the way.
Luis: I will get married with my fiancee who's going to have her citizenship in two months...both of us were married before "ONCE"...we got married the same day...Is that suspicious?
Laurel: What do you think might be suspicious?
Susan: Will several traffic violations (misdemeanors) cause you to be sent to the backlog through the pilot program? For example, driving without a license or speeding (15mph over).
Laurel: Probably not.
maru: Hello Laurel - A person that ewi but is able to adjust within country (aos)because his I130 was approved on 11/-99. So he qualifies under 2435I law.... the petitioner called immigration and informed her that they need to file I485 I485a G325a I765 and I601. Is this correct?
Laurel: You shouldn't need the I-601 with the facts you described.
wemisshim: If there's a dui involved how long can it delay the approval for? The dui was 7 yrs ago.
Laurel: A single DUI from 7 years ago with no other arrests might not even prevent Pilot Program approval. Don't get mad at me if you get referred, though.
luvinmb: I am at the paranoid phase of our wait! hahah I know you have answered these questions before, I just want to make sure that you agree with our responses in the case at his pickup he gets questioned. The inability to put exact dates of visits is due tothe fact that he had too many legal visits to recount all, etc. The fact that we did not put his random work history down on his G-325A for the U.S. work is because he did so many random days during his legal visits that it was not practical to list on the form, etc. Finally he did have one traffic speeding ticket years ago. Very minor and no problems, no fingerprinting very standard stop with a small fee which we paid. No court appointment, very basic stop. We did not list this on any forms......They did not ask about this at the first interview at all. Just want to make sure that we are not the only one's that did not have exact dates of visits, all work history listed, etc. He will not deny working in the U.S. on his tourist visa, obviously he admitted to it at his denied entry which is why they cancelled his tourist visa. He also admitted to it at his first interview, we just never listed his work here on his G-325 only Mexico work. Does everything sound like we handled it honestly and correctly?
Laurel: I might not have handled the forms, etc. the way you did, BUT I think you probably won't have any problems with visa pick-up at the post 601 approval interview.
hellokitty: hi laurel i need information about the d.o.r.a program i will live in dallas after my k3 interview, and if i need a work permit, how do i get it, where do i have to file thanks
Laurel: Make an InfoPass appointment and come in with your completed form and supporting documents.
Laurel: I actually don't usually have occasion to use the DORA program, so I have to admit, I'm not that familiar with the finer points like "can you file your K3 EAD app this way?", but really, the worst that will happen is they'll tell you to go away and mail it in.
Laurel: Actually, you might as well just file the whole AOS packet through DORA. That will eliminate the need for an EAD anyway and you'll save some money.
wemisshim: When my husband when to his first interview they didn't ask him anything about his DUI, do you think there's a chance he might be asked about it on his final interview?
Laurel: Its always a possibility. Hopefuly he handed in the conviction records the first ime around.
luvinmb: I was under the impression that EWI & Misrepresentation are the two most common CDJ waiver reasons. We filed our 601 through CDJ for misrep at the border back in 2004. We are going for a K-1. But, after reading your brief you state that regardless of the violation, it all really depends on where you file. So would I be wrong in feeling confident by going through CDJ? I know that our waiver application was very impressive.....
Laurel: At the AILA Conference in Orlando a few months ago, Warren said that for about 85% of the waiver applications in CDJ, the only ground of inadmissibility is prior unlawful presence INA 212a9b. Even though you've got misrep., CDJ is still the best office to go through.
Jorge: Hi laurel, how are you doing? I hope everything is going well for you, I have a question do you think that If I hire an attorney things will move faster, because I’m waiting for my 2nd interview but CDJ haven’t program the date yet, I talk to the attorney and he said that I can get an interview in October or December. Of course to do this he will charge me 5,000 usd. Is this true or are they saying this to get money from me, what do you think laurel? Thank you!
Laurel: You can only get an expedite in life or death emergencies and a very limited set of other situations. For an expedite on a visa interview in Juarez, the facts of the case are far more important than the attorney presenting the facts (though I can't say the attorney's presentation is unimportant). I would never charge $5000 for the expedite request alone.
Laurel: Looks like I've got 60 questions waiting to be answered and its already 8 past the hour. I'm going to have to sign off and see you next week. I'm starving.