Laura
09-04-2007, 05:38 PM
Laurel: Hello everyone. I’m here. 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.
Laurel: My computer has been slowing down lately, probably due to too much stuff saved on it, so bear with me. I probably need to take it in for a cleaning and check-up.
Laurel: Also, an announcement. I'm switching over to a virtual office since so few people come see me in person. I can still meet in person at my office address, but arrangements have to be made in advance. The transition is not as seamless as I wanted, but I'm working out the kinks. I will still get messages on my office voicemail and in another day I will still receive faxes at my usual fax number. I should also be able to have calls forwarded directly to me when placed to my usual number. Mail should be sent to my office address as usual. Please bear with me over the next 7 to 10 days while the transition is complete. Thanks for your patience.
petal07: Good morning Laurel..I am confused..on the 601 #11 it asks to list all entries, asks for city and dates to/from. My husband only entered 1 time, but has moved a couple of times...do we list each city and dates? Or will they think those are multiple entries?
Laurel: I usually list each city with dates there and then make a notation on the form regarding how many total entries and exits it was, just to be clear.
Mendoza: Laurel, if someone comes on a K-1 and doesn't marry that person, and stays anyways. Then they marry another USC and file a new I-130 before 2001, are they still eligible for 245i?
Laurel: No. Your problem is 245d. 245i only resolves problems under 245a and 245c, not 245d.
(got kicked off, may have missed a question)
mach12: Hi Ms. Scott. Husband was deported back to Mex 2 yrs ago after overstay. submitted 130 and k3. 130(after 9 mos) approved and sent to NVC. Been sending forms and payments back and forth with NVC. No notice of K3. It is now several months past the normal processing times.(receipt date oct 25-06) I have put in several service requests and even spoke to an imm. officer yesterday and I still have no answers. The only thing I get is that its pending. I am glad the imm. case is moving but I cannot wait a year for an interview. I would rather be scheduled for a k3 but im scared its lost. I also emailed my congressman yesterday so see if he could contact USCIS for me. (We are also preparing waivers for the pilot program) My lawyer has barely done anything, the office doesnt get back to me for days/weeks, their answers are vague, I'm doing all the research online..I have no money for another attorney..I just want my husband home. Any advice? I’m so scared that what we did wasn’t right or there was a better way. Thank you.
Laurel: This situation is almost as frustrating for the attorney as it is for the client. If the attorney is sending one inquiry every 90 days, he/she is doing his/her job correctly. CIS has asked attorneys not to make our inquiries less than 90 days apart. I'm not your attorney's apologist, but the strain on the attorney-client relationship of this type of situation is painfully familiar to me. CIS has dropped the ball on your I-129F and you may never know why. Your Congressman has the best chance of getting the ball rolling again.
Laurel: I'm already seeing repeat questions. Guys, it may take me 15 minutes or so after you post your question before I get a chance to answer. There's a long line of questions. Please do not repeat your questions. Thanks.
TRACI: Laurel, As soon as we get our open appoinment letter my nubby will be going to get his k-3 visa , howerver his IR3 case is completed at the nvc, just waiting for appoinment. Would recomend to get the k-3 visa and the go back to cdj for the IR3 interview or stay here and adjust status? if he goes back for his crit interview will he have to file another I-601 waiver if the I601 waiver he filed at his k-3 interview has been approved and the k-3 was issued?
Laurel: Before the filing fee increase went into effect, I was always recommending you remain and adjust status. However, since the filing fee increase, I think the cost of applying for AOS WHEN YOU'VE ALREADY PAID THE IMMIGRANT VISA FEE outweighs the risk of going back to the consulate. However, if you're earlier in the process and you're trying to decide whether to pay the immigrant visa bill, it might be best to not pay it, planning on adjusting status after you return on a K3. If you do go back for the immigrant visa, you should not have to file a new I-601 if you had one approved based on K3 status.
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susan: dui 2000 completed probation and 2001 arrested for antother but got dismissed inffiuicent evedience, 2002 suspended license and paid fines and i have a good hardship
Laurel: Ultimately it will depend on the facts of the case, but what you've described here won't NECESSARILY lead to your case being referred to the normal waiver process (as opposed to Pilot Program) but its possible that this could happen.
nmm: Laurel, My husband filed his I-601 in February 2007 and it was transferred to DHS in March. Any idea of when we might receive a answer? Thank you.
Laurel: You're talking about CDJ, I presume. I'd guess it'll be another month or two, but don't quote me. Processing times are subject to change without notice.
Mendoza: For those who did an appeal after denial in CDJ (I know they shouldn't have, but if they did) and they request a new appointment and get one, do they have to withdraw the appeal in order to submit a new I-601?
Laurel: According to some statements Warren and Mr. B made to AILA, you should be able to get a new interview without withdrawing the appeal. I think their statements are unclear on whether you have to withdraw the appeal before the actual I-601 filing, but their statements suggest that you don't. This is just for CDJ. At other locations, they make you prove that you've withdrawn your appeal.
mmartinez: good moring Laurel.. I just wanted to thanks you so much.. if it wasn't fo you i would not have emailed cdj for a new interview after denial... well I received a appointment letter for new appointment for november.. but since it was a denial do I need an updated I864, income tax for taxes I filed this year right? also on the medical if I have receipts for shots does he still need to redo them also.. do you what else of importance I will need?
Laurel: If its been over a year since your last consular appointment, you'll need updated tax forms and paystubs, new medical, and updated DS-230. You're not supposed to have to do a new I-864, but do it anyway. You shouldn't have to get more shots.
petal07: If we state in our HSL that we declare under the penalty of perjury that the following is true...does the letter need to be notarized?
Laurel: You don't need to include that phrase and the letter does not need to be notarized. The only time I get stuff notarized for the waiver is when its hard to believe that the person authoring the letter would say those things, e.g. victim of a crime for which the alien was convicted is now retracting her testimony and declaring the alien's innocence.
Laurel: Please don't type in all caps guys. Its hard to read.
KAREN: HOW LONG AN I-212 CAN TAKE TO BE GRANTED AND DO I NEED ANY SPECIAL QUALIFICATIONS TO FILE AND IF I NEED TO FILE THE I-601 TOGETHER WITH IT?
Laurel: A deporation, by itself, does not necessitate the filing of an I-601, but in the vast majority of cases, a deportee has other grounds of inadmissibility that do necessitate an I-601. If you need both forms, they must be filed together at the consulate following the immigrant visa interview or K visa interview. If you happen to be one of the few people who JUST needs the I-212 and not an I-601, then the I-212 should be filed in the US at the office having jurisdiction over the court or border office that ordered the deportation UNLESS you're applying for a K1 visa, in which case you're supposed to file the I-212 at the consulate following the K1 interview. Confused? Yep, the I-212 filing rules are confusing.
kritlyn: To add to my question earlier... Is my brother's only option to send EWI girlfriend back to Guatemalia for a period of time and wait for waiver? How do I determine how likely or unlikely it is that waiver will be granted? Is a K1 through Mexico an option to him?
Laurel: If she's eligible for the waiver, then for the fiancee to spend a few months in Guate waiting for waiver approval might be the best option. Guatemala is the second best country on Earth, so this is no terrible thing we're talking about. Guatemala City is one of the more lenient CIS offices for the waiver. But ultimately what's best to do will depend on the specific facts of the case.
susan: iam sorry the whole question for k3 visas was how long in the uscis and then juarez appointment
Laurel: Starting from I-130 filing, it'll probably take 8-10 months before you're able to obtain a K3 through Juarez, with or without waiver.
hinke: I used to be on a F1-visa from 1994-1998. I met my wife (American) in college and we got married 1998. After our marrige I applied for the green card while I was working in the US. I finally got my green card early 2000, but during the time of our application we decided to move out of the US and did so middle of 2000. We did not know if we were coming back or not. Well, we never came back except as tourists. During this time we failed to report a change of address so the US government never knew we had moved out of the US so they thought after 2 years I was living in the US illegally so they filed a warrant for deportation that I never received or knew about. I did file a I-407 in 2003 were I surrenderd my green card (because we thought we wanted to come back when our daugther was older). Now in 2007 we want to move back and we started filing a immediate family immigrant visa adn everything was fine until my interview were I was questioned heavily on where I was at certain dates. I did not understand what was happening and the consular soon realized this. The reason I was able to go in and out of the US as a tourist was because they misspelled my name on my green card + I got a new passport with a new passport number.
The embassy now has told me that I need to file a I-212 with supporting documents to Cleveland where my warrant for deportation resides, they never gave me an address so I assumed it was the UCIS field office in Cleveland, they mentioned ICE. We have now sent that form with proof that I have been living in a different country all this time and not in the US. I have a letter from my employeer and papers from my government.
What are they rules for deportation? And do you guys think they will remove this bar and resolve this issue?
Laurel: While there is an argument to be made that they can't order you deported when you've already voluntarily departed, by far the I-212 is an easier way to resolve the problem. Unfortunately CIS offices in the US are also confused by I-212 procedure and it can take an unknown period of time to get one adjudicated in the US.
Jancy: Laurel just a quick question. K-1 fiance...after entering the USA after ~2weeks can he go to the SS office and get a SS#? OR does he has to wait until the AOS goes through?
Laurel: You need either the EAD or the green card. In some circumstances you can get the social without those, but its more difficult. Easiest to apply for the social with EAD in hand.
laurafern11: I'm late, sorry if this is a repeat question - I was just talking to Norma! The big question of the week is whether you have any information on why we are not seeing many approvals from the late fall - September, October, November, when now we are seeing lots of approvals from December and January. Any new information would be helpful. There is a LOT of frustration on the board about this. It seems to completely go against their general policy of approving in order. It's obviously not a fluke now - any thoughts or information?
Laurel: My buddy Norma Ayoub?
The cases were split up and sent to different places. Rumor has it that the ones that were sent to TJ are taking a bit longer. That's the best explanation I have.
MAMACITA: Laurel, we all realize that the waivers are divided up among 3 Embassy's/DHS dept, but they are being processed so randomly and there are more approvals from Jan/Feb than from Oct/Nov, this is so unfair, is there a way for you to email Warren & or Oscar and see if there can be a fairer way to mail out these approvals and not process out of order?
Laurel: Um, I think I have to be careful about telling Warren or Oscar directly that I don't like the way they're doing their jobs. That doesn't sound like a smart thing for me to do. The cases are being adjudicated more quickly than they were in the past. They are aware of all the issues involved, including the ones you're bringing up now. I'm confident that they are doing their best to handle things as fairly as possible, recognizing that sometimes things won't seem fair or that things won't actually be fair.
Susan12: Is it possible to "cancel" a I-129F (k-1) visa approval? For example, if you decide not to marry. If so, do you just not got to CDJ, or do you have to officially tell them you no longer want the visa.
Laurel: Sure you can withdraw. Just send a letter saying you withdraw. You can also just abandon.
LYA: My I-130 was approved in 2003, then i sent I-485 and it was rejected (I don't cualify under 245-I). Laurel: Is this going to cause me any trouble with my proces in the future?, I just sent I-824 in July 2007. Thank you Laurel.
Laurel: You should be ok, but filing a new I-130 may have been better than filing an I-824.
maggied: I EWI the country 7 years ago. I married a US citizen January 2004, then in January 2006 my husband filed form I-130 and was approved 3 months later. Then we filed forms I-485 and I-765 but were denied because of my EWI but we didn't know about the 10 year bar at the time. What form should we filed to keep our case rolling and file the waiver?? is it form I-824?? I appreciate your help!
Laurel: Very similar question to the one I just answered, but I can see its different people asking. Probably best to file a new I-130 and then do an I-129F for K3 visa.
mindy_2007: is it true that that upon entering and obtaining a new I-130 prior to 2001, I was supposed to be excluded from 245i
Laurel: I'm not sure what mean by being excluded from 245i here, but I'll quickly summarize the 245i rules ... you have to have entered the country before December of 2000 and have an I-130, I-140 or Labor Certification application filed on your behalf prior to April of 2001. The I-130, I-140 and Labor Cert must have been approvable on its face.
kritlyn: My brother is a Dentist and would like to marry EWI. Prior to meeting his girlfriend, he had a substance abuse problem with prescription medication. He goes to weekly meetings for health care professionals. He has a history of depression though is not currently on any medication. Will any of this info. be helpful for a 601 waiver?
Laurel: It may be relevant to the waiver if stress and separation anxiety increase the chances of relapse, which I think most psychologists would attest that it would.
mindy_2007: In 2002 my husband became a US Citizen and he filed I-485 application for me, pursuant to section 245 with the attorney. In 2006, I received form I-291denying my application based on my initial entry as K-1 Visa, the letter stated "if you fail to depart from the US, proceedings will be instituted to enforce your departure." I did not receive a letter for appearance for a deportation hearing.
My lawyer advised me to fight the case in court based on that I have been living continuously in the U.S since 1996 with good standing -that is for over 10 years- and that my removal will cause a tremendous hardship to both my husband and child. I recalled he used the words "Cancellation of Removal."
Under Second Version of 245(i) it states:
"If a person enters the U.S. on a fiancée (K-1) visa, and, for whatever reason, does not marry the U.S. citizen who petitioned him/her, but instead, later marries a different U.S. citizen, then by law, he/she is not eligible to adjust status in the U.S. through this marriage. The law states that anyone who enters on a fiancée visa cannot adjust status in the U.S. except through marriage to the U.S. citizen who originally filed the K-1 visa. This is the case even if the marriage to another American is truly for love, the couple has been married for many years, have children, etc. Ordinarily, the only way that someone who enters on a fiancée visa can get a greencard in the U.S. would be through the American who originally petitioned him/her for the fiancée visa."
That what caused the denial of my I-485 in the first place; will my case be denied for the same reason if I filed a "Cancellation of Removal" while I am here in the U.S.? In other words, do I have any chance of winning my case if I persue it without leaving the U.S.?
Laurel: Cancellation of Removal is under a different section of law. Its not under 245, its under ... 237? Its a deportation defense, meaning you have to be in deportation proceedings to apply. Its not an application you mail in. I'm well enough familiar with the option to know when to make a client aware of the option when he/she might be eligible. You have to show 10 years of continuous presence, good moral character (NO CONVICTIONS), and EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP to a qualifying relative. For some people this is their best options. For others its not.
cm21om25: Laurel, When my husband submitts his I601 waiver under the K3 visa and it gets not denied but put into the backlog can we send the same waiver under the I130 when he going to that interview? Also if you were the attorney would it cost me another 5000 to send another waiver under the I130 if the waiver under the k3 was sent into the backlog?
Laurel: You should be able to file a new waiver packet under the Pilot Program at your immigrant visa interview even if you have one pending that was filed after the K3 interview, but so far I haven't had a test case. If I handled the first waiver packet, I wouldn't charge another $5K for the second one. If I didn't handle the first one, then yes.
angela256z: Do you know when you may be accepting new clients? Do you handle employer visas?
Laurel: Oh, I'll probably start taking new cases today. Business didn't really slow down these past weeks as I got so many emails saying "I know you're not taking new cases, but can you take mine anyway?" and I gave in too often. No, I don't do employer visas. You should call Norma for those.
mach12: Laurel, my 3rd case mgr suggested that maybe uscis nixed our k3 cause our 130 was approved hence putting a cr1 in motion. Is that possible? can't I have both k3 and cr1 in the works? i really want to have a k3 interview asap instead of waiting for cr1.
Laurel: They've done that occasionally even though I don't think its legal. Try to find out if that's what happened.
Mendoza: Do you know if the adjudicators for the pilot program can approve an I-212 along with the I-601 if the hardships are strong enough?
Laurel: Absolutely. Yes they do. The I-212 is secondary to the I-601.
petal07: My co-sponsor for I-864 delayed getting a long version of his birth certificate..he was born in CA it take 12 weeks to get...it probably will not reach us by our appointment on the 27th...he has a certified copy that has a seal but it is 57 years old...it was asked for in 1950...will we have a problem? What can we do?
Laurel: Ask him if he has a US passport. If he does, ask if you can borrow the original. Otherwise, take the old birth cert with you.
angela256z: If you bring a husband over on a K3 and two children over on K4's do you have to pay the $1010 per person for AOS or is the $1010 for the K3 and all dependents (K4's)?
Laurel: Each child has his/her own I-485. If they are under a certain age (14?) its less (forget how much - the fees are new). But as each child needs his/her own I-485, they each need their own filing fee. Along with the new filing fees came some new fee rules, so I'll double check this one later to make sure that rule didn't change.
laurafern11: Yes, Norma Ayoub - She was really nice and helpful, unfortunately it looks like the wife of the DV lottery winner (case I had asked you about) will not have as easy a time "following-to-join" as we had hoped for various reasons, but she gave us some other options.
Laurel: Norma knows her stuff. If anything, she's "too" thorough on the waiver cases, but since most of her waiver cases go through Athens (Norma speaks Arabic), its a good thing.
dduran: If the USC has priers will this affect the illegal spouse I 601 approval?
Laurel: You mean if the USC has criminal convictions? It shouldn't even come up in the waiver part of the process. It would only come up if you're doing a K visa.
Laurel: OMG, I'm freezing. This coffee shop is too darn cold!
KAREN: Sorry I typed in caps, it is my first time. Soooorry
Laurel: You still my frien'. Incidentally, I just had a case (got it post-denial) where a letter from a professional was declared fraudulent (it wasn't) in large part because it was written in all caps.
Laurel: That's actually what it said in the denial. The adjudicator pointed out that the letter was in all caps.
that the letter was in all caps.
kritlyn: Will the illegal alien get into trouble if we do a FBI fingerprint check?
Laurel: Only if they have a major criminal history and the FBI has been looking for them for more than just immigration violations.
hinke: Is it easier to hire an attorney in my case rather than filing the I-212? Cleveland has received our I-212 and have cashed the check. We mostly want to know what the processing time is for the I-212 and if it will be processed in Cleveland or Nebraska. Thanks.
Laurel: Processing time on an in-country I-212 is anyone's guess. I won't even venture an estimate on that one.
Laurel: Sorry, I don't mean to be glib, its just that I've gone through the in-country I-212 processing time problem before and .... I don't have anything nice to say about that process.
angela256z: I2US member askx...can u please ask her if contacting a senator and congressmen could really possibly help when husband has a 10yr bar
Laurel: A Senator is a Congressman. Congress has two houses: the Senate and the House of Representatives. All Senators and Representatives are Congressmen.
Congressmen are good for helping when you have an administrative problem, such as you can't figure out why your case is four months outside normal processing time and you can't get a response out of CIS. Congressmen should not attempt to influence the discretionary decision itself. The only time you should be getting a letter of support to include in the waiver packet is when you have a long-term personal relationship with the Congressman and he's writing a letter like any friend or acquaintance.
mindy_2007: Laurel: my situation is as follows:
1. I came to the U.S. in 1996 with K-1 Visa
2. I didn’t marry the person who applied for me due to personal reasons.
3. I met my current husband shortly after that in the same year. My husband had a green card at that time, we applied through a lawyer for I-130 Immigrant Petition for Relative, it was approved, and was sent to the Department of State National Visa Center awaiting my priority date.
4. I stayed in the USA during that period, and later on found out about the law concerning the overstay penalties, so I didn’t continue with this application even after my priority date was due.
5. It has been eleven years since I married my current husband. He is an American citizen now. Together we have a seven-year-old boy.
6. I have met with three lawyers and discussed my situation. One lawyer advised me to leave the country and apply for a waiver. The other lawyer advised me to file for cancellation of Removal, and the third wants to challenge the K-1 law by arguing the definition of K-1.
In 2002 my husband became a US Citizen and he filed I-485 application for me, pursuant to section 245 with the attorney. In 2006, I received form I-291denying my application based on my initial entry as K-1 Visa, the letter stated "if you fail to depart from the US, proceedings will be instituted to enforce your departure." I did not receive a letter for appearance for a deportation hearing.
My lawyer advised me to fight the case in court based on that I have been living continuously in the U.S since 1996 with good standing -that is for over 10 years- and that my removal will cause a tremendous hardship to both my husband and child. I recalled he used the words "Cancellation of Removal." Under Second Version of 245(i) it states:
"If a person enters the U.S. on a fiancée (K-1) visa, and, for whatever reason, does not marry the U.S. citizen who petitioned him/her, but instead, later marries a different U.S. citizen, then by law, he/she is not eligible to adjust status in the U.S. through this marriage. The law states that anyone who enters on a fiancée visa cannot adjust status in the U.S. except through marriage to the U.S. citizen who originally filed the K-1 visa. This is the case even if the marriage to another American is truly for love, the couple has been married for many years, have children, etc. Ordinarily, the only way that someone who enters on a fiancée visa can get a greencard in the U.S. would be through the American who originally petitioned him/her for the fiancée visa."
Am I still unqualified to adjust my status in the US under 245i because I entered with a K-1 visa, although my I130 was approved prio to 2001? Can you recommend anything? am I qualified for the Cancellation of Removal since I am a K-1 visa? Is it better to leave the country and file for a waiver? Do I have any other alternatives? and finally, do you accept any clients from other states, I live in california?
Laurel: What country are you from?
angela256z: Who is Norma and how do I get in contact with her? My friends company (a large hotel chain) wants to petition for many of their employee. If you don't have time to give me the info here can you give it on I2US? Thanks
Laurel: Laurafern, can you give the contact info, its noon and I gotta go. I have an appointment.
mindy_2007: Jordan
Laurel: Cancellation might be your best option. You'll need a local attorney. Call Heather Poole. Either she will be able to help or she'll tell you who can. Ask PinkPig from the Immigrate2us.net forum for Heather's contact info.
Laurel: Gotta Go. Bye.
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.
Laurel: My computer has been slowing down lately, probably due to too much stuff saved on it, so bear with me. I probably need to take it in for a cleaning and check-up.
Laurel: Also, an announcement. I'm switching over to a virtual office since so few people come see me in person. I can still meet in person at my office address, but arrangements have to be made in advance. The transition is not as seamless as I wanted, but I'm working out the kinks. I will still get messages on my office voicemail and in another day I will still receive faxes at my usual fax number. I should also be able to have calls forwarded directly to me when placed to my usual number. Mail should be sent to my office address as usual. Please bear with me over the next 7 to 10 days while the transition is complete. Thanks for your patience.
petal07: Good morning Laurel..I am confused..on the 601 #11 it asks to list all entries, asks for city and dates to/from. My husband only entered 1 time, but has moved a couple of times...do we list each city and dates? Or will they think those are multiple entries?
Laurel: I usually list each city with dates there and then make a notation on the form regarding how many total entries and exits it was, just to be clear.
Mendoza: Laurel, if someone comes on a K-1 and doesn't marry that person, and stays anyways. Then they marry another USC and file a new I-130 before 2001, are they still eligible for 245i?
Laurel: No. Your problem is 245d. 245i only resolves problems under 245a and 245c, not 245d.
(got kicked off, may have missed a question)
mach12: Hi Ms. Scott. Husband was deported back to Mex 2 yrs ago after overstay. submitted 130 and k3. 130(after 9 mos) approved and sent to NVC. Been sending forms and payments back and forth with NVC. No notice of K3. It is now several months past the normal processing times.(receipt date oct 25-06) I have put in several service requests and even spoke to an imm. officer yesterday and I still have no answers. The only thing I get is that its pending. I am glad the imm. case is moving but I cannot wait a year for an interview. I would rather be scheduled for a k3 but im scared its lost. I also emailed my congressman yesterday so see if he could contact USCIS for me. (We are also preparing waivers for the pilot program) My lawyer has barely done anything, the office doesnt get back to me for days/weeks, their answers are vague, I'm doing all the research online..I have no money for another attorney..I just want my husband home. Any advice? I’m so scared that what we did wasn’t right or there was a better way. Thank you.
Laurel: This situation is almost as frustrating for the attorney as it is for the client. If the attorney is sending one inquiry every 90 days, he/she is doing his/her job correctly. CIS has asked attorneys not to make our inquiries less than 90 days apart. I'm not your attorney's apologist, but the strain on the attorney-client relationship of this type of situation is painfully familiar to me. CIS has dropped the ball on your I-129F and you may never know why. Your Congressman has the best chance of getting the ball rolling again.
Laurel: I'm already seeing repeat questions. Guys, it may take me 15 minutes or so after you post your question before I get a chance to answer. There's a long line of questions. Please do not repeat your questions. Thanks.
TRACI: Laurel, As soon as we get our open appoinment letter my nubby will be going to get his k-3 visa , howerver his IR3 case is completed at the nvc, just waiting for appoinment. Would recomend to get the k-3 visa and the go back to cdj for the IR3 interview or stay here and adjust status? if he goes back for his crit interview will he have to file another I-601 waiver if the I601 waiver he filed at his k-3 interview has been approved and the k-3 was issued?
Laurel: Before the filing fee increase went into effect, I was always recommending you remain and adjust status. However, since the filing fee increase, I think the cost of applying for AOS WHEN YOU'VE ALREADY PAID THE IMMIGRANT VISA FEE outweighs the risk of going back to the consulate. However, if you're earlier in the process and you're trying to decide whether to pay the immigrant visa bill, it might be best to not pay it, planning on adjusting status after you return on a K3. If you do go back for the immigrant visa, you should not have to file a new I-601 if you had one approved based on K3 status.
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susan: dui 2000 completed probation and 2001 arrested for antother but got dismissed inffiuicent evedience, 2002 suspended license and paid fines and i have a good hardship
Laurel: Ultimately it will depend on the facts of the case, but what you've described here won't NECESSARILY lead to your case being referred to the normal waiver process (as opposed to Pilot Program) but its possible that this could happen.
nmm: Laurel, My husband filed his I-601 in February 2007 and it was transferred to DHS in March. Any idea of when we might receive a answer? Thank you.
Laurel: You're talking about CDJ, I presume. I'd guess it'll be another month or two, but don't quote me. Processing times are subject to change without notice.
Mendoza: For those who did an appeal after denial in CDJ (I know they shouldn't have, but if they did) and they request a new appointment and get one, do they have to withdraw the appeal in order to submit a new I-601?
Laurel: According to some statements Warren and Mr. B made to AILA, you should be able to get a new interview without withdrawing the appeal. I think their statements are unclear on whether you have to withdraw the appeal before the actual I-601 filing, but their statements suggest that you don't. This is just for CDJ. At other locations, they make you prove that you've withdrawn your appeal.
mmartinez: good moring Laurel.. I just wanted to thanks you so much.. if it wasn't fo you i would not have emailed cdj for a new interview after denial... well I received a appointment letter for new appointment for november.. but since it was a denial do I need an updated I864, income tax for taxes I filed this year right? also on the medical if I have receipts for shots does he still need to redo them also.. do you what else of importance I will need?
Laurel: If its been over a year since your last consular appointment, you'll need updated tax forms and paystubs, new medical, and updated DS-230. You're not supposed to have to do a new I-864, but do it anyway. You shouldn't have to get more shots.
petal07: If we state in our HSL that we declare under the penalty of perjury that the following is true...does the letter need to be notarized?
Laurel: You don't need to include that phrase and the letter does not need to be notarized. The only time I get stuff notarized for the waiver is when its hard to believe that the person authoring the letter would say those things, e.g. victim of a crime for which the alien was convicted is now retracting her testimony and declaring the alien's innocence.
Laurel: Please don't type in all caps guys. Its hard to read.
KAREN: HOW LONG AN I-212 CAN TAKE TO BE GRANTED AND DO I NEED ANY SPECIAL QUALIFICATIONS TO FILE AND IF I NEED TO FILE THE I-601 TOGETHER WITH IT?
Laurel: A deporation, by itself, does not necessitate the filing of an I-601, but in the vast majority of cases, a deportee has other grounds of inadmissibility that do necessitate an I-601. If you need both forms, they must be filed together at the consulate following the immigrant visa interview or K visa interview. If you happen to be one of the few people who JUST needs the I-212 and not an I-601, then the I-212 should be filed in the US at the office having jurisdiction over the court or border office that ordered the deportation UNLESS you're applying for a K1 visa, in which case you're supposed to file the I-212 at the consulate following the K1 interview. Confused? Yep, the I-212 filing rules are confusing.
kritlyn: To add to my question earlier... Is my brother's only option to send EWI girlfriend back to Guatemalia for a period of time and wait for waiver? How do I determine how likely or unlikely it is that waiver will be granted? Is a K1 through Mexico an option to him?
Laurel: If she's eligible for the waiver, then for the fiancee to spend a few months in Guate waiting for waiver approval might be the best option. Guatemala is the second best country on Earth, so this is no terrible thing we're talking about. Guatemala City is one of the more lenient CIS offices for the waiver. But ultimately what's best to do will depend on the specific facts of the case.
susan: iam sorry the whole question for k3 visas was how long in the uscis and then juarez appointment
Laurel: Starting from I-130 filing, it'll probably take 8-10 months before you're able to obtain a K3 through Juarez, with or without waiver.
hinke: I used to be on a F1-visa from 1994-1998. I met my wife (American) in college and we got married 1998. After our marrige I applied for the green card while I was working in the US. I finally got my green card early 2000, but during the time of our application we decided to move out of the US and did so middle of 2000. We did not know if we were coming back or not. Well, we never came back except as tourists. During this time we failed to report a change of address so the US government never knew we had moved out of the US so they thought after 2 years I was living in the US illegally so they filed a warrant for deportation that I never received or knew about. I did file a I-407 in 2003 were I surrenderd my green card (because we thought we wanted to come back when our daugther was older). Now in 2007 we want to move back and we started filing a immediate family immigrant visa adn everything was fine until my interview were I was questioned heavily on where I was at certain dates. I did not understand what was happening and the consular soon realized this. The reason I was able to go in and out of the US as a tourist was because they misspelled my name on my green card + I got a new passport with a new passport number.
The embassy now has told me that I need to file a I-212 with supporting documents to Cleveland where my warrant for deportation resides, they never gave me an address so I assumed it was the UCIS field office in Cleveland, they mentioned ICE. We have now sent that form with proof that I have been living in a different country all this time and not in the US. I have a letter from my employeer and papers from my government.
What are they rules for deportation? And do you guys think they will remove this bar and resolve this issue?
Laurel: While there is an argument to be made that they can't order you deported when you've already voluntarily departed, by far the I-212 is an easier way to resolve the problem. Unfortunately CIS offices in the US are also confused by I-212 procedure and it can take an unknown period of time to get one adjudicated in the US.
Jancy: Laurel just a quick question. K-1 fiance...after entering the USA after ~2weeks can he go to the SS office and get a SS#? OR does he has to wait until the AOS goes through?
Laurel: You need either the EAD or the green card. In some circumstances you can get the social without those, but its more difficult. Easiest to apply for the social with EAD in hand.
laurafern11: I'm late, sorry if this is a repeat question - I was just talking to Norma! The big question of the week is whether you have any information on why we are not seeing many approvals from the late fall - September, October, November, when now we are seeing lots of approvals from December and January. Any new information would be helpful. There is a LOT of frustration on the board about this. It seems to completely go against their general policy of approving in order. It's obviously not a fluke now - any thoughts or information?
Laurel: My buddy Norma Ayoub?
The cases were split up and sent to different places. Rumor has it that the ones that were sent to TJ are taking a bit longer. That's the best explanation I have.
MAMACITA: Laurel, we all realize that the waivers are divided up among 3 Embassy's/DHS dept, but they are being processed so randomly and there are more approvals from Jan/Feb than from Oct/Nov, this is so unfair, is there a way for you to email Warren & or Oscar and see if there can be a fairer way to mail out these approvals and not process out of order?
Laurel: Um, I think I have to be careful about telling Warren or Oscar directly that I don't like the way they're doing their jobs. That doesn't sound like a smart thing for me to do. The cases are being adjudicated more quickly than they were in the past. They are aware of all the issues involved, including the ones you're bringing up now. I'm confident that they are doing their best to handle things as fairly as possible, recognizing that sometimes things won't seem fair or that things won't actually be fair.
Susan12: Is it possible to "cancel" a I-129F (k-1) visa approval? For example, if you decide not to marry. If so, do you just not got to CDJ, or do you have to officially tell them you no longer want the visa.
Laurel: Sure you can withdraw. Just send a letter saying you withdraw. You can also just abandon.
LYA: My I-130 was approved in 2003, then i sent I-485 and it was rejected (I don't cualify under 245-I). Laurel: Is this going to cause me any trouble with my proces in the future?, I just sent I-824 in July 2007. Thank you Laurel.
Laurel: You should be ok, but filing a new I-130 may have been better than filing an I-824.
maggied: I EWI the country 7 years ago. I married a US citizen January 2004, then in January 2006 my husband filed form I-130 and was approved 3 months later. Then we filed forms I-485 and I-765 but were denied because of my EWI but we didn't know about the 10 year bar at the time. What form should we filed to keep our case rolling and file the waiver?? is it form I-824?? I appreciate your help!
Laurel: Very similar question to the one I just answered, but I can see its different people asking. Probably best to file a new I-130 and then do an I-129F for K3 visa.
mindy_2007: is it true that that upon entering and obtaining a new I-130 prior to 2001, I was supposed to be excluded from 245i
Laurel: I'm not sure what mean by being excluded from 245i here, but I'll quickly summarize the 245i rules ... you have to have entered the country before December of 2000 and have an I-130, I-140 or Labor Certification application filed on your behalf prior to April of 2001. The I-130, I-140 and Labor Cert must have been approvable on its face.
kritlyn: My brother is a Dentist and would like to marry EWI. Prior to meeting his girlfriend, he had a substance abuse problem with prescription medication. He goes to weekly meetings for health care professionals. He has a history of depression though is not currently on any medication. Will any of this info. be helpful for a 601 waiver?
Laurel: It may be relevant to the waiver if stress and separation anxiety increase the chances of relapse, which I think most psychologists would attest that it would.
mindy_2007: In 2002 my husband became a US Citizen and he filed I-485 application for me, pursuant to section 245 with the attorney. In 2006, I received form I-291denying my application based on my initial entry as K-1 Visa, the letter stated "if you fail to depart from the US, proceedings will be instituted to enforce your departure." I did not receive a letter for appearance for a deportation hearing.
My lawyer advised me to fight the case in court based on that I have been living continuously in the U.S since 1996 with good standing -that is for over 10 years- and that my removal will cause a tremendous hardship to both my husband and child. I recalled he used the words "Cancellation of Removal."
Under Second Version of 245(i) it states:
"If a person enters the U.S. on a fiancée (K-1) visa, and, for whatever reason, does not marry the U.S. citizen who petitioned him/her, but instead, later marries a different U.S. citizen, then by law, he/she is not eligible to adjust status in the U.S. through this marriage. The law states that anyone who enters on a fiancée visa cannot adjust status in the U.S. except through marriage to the U.S. citizen who originally filed the K-1 visa. This is the case even if the marriage to another American is truly for love, the couple has been married for many years, have children, etc. Ordinarily, the only way that someone who enters on a fiancée visa can get a greencard in the U.S. would be through the American who originally petitioned him/her for the fiancée visa."
That what caused the denial of my I-485 in the first place; will my case be denied for the same reason if I filed a "Cancellation of Removal" while I am here in the U.S.? In other words, do I have any chance of winning my case if I persue it without leaving the U.S.?
Laurel: Cancellation of Removal is under a different section of law. Its not under 245, its under ... 237? Its a deportation defense, meaning you have to be in deportation proceedings to apply. Its not an application you mail in. I'm well enough familiar with the option to know when to make a client aware of the option when he/she might be eligible. You have to show 10 years of continuous presence, good moral character (NO CONVICTIONS), and EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP to a qualifying relative. For some people this is their best options. For others its not.
cm21om25: Laurel, When my husband submitts his I601 waiver under the K3 visa and it gets not denied but put into the backlog can we send the same waiver under the I130 when he going to that interview? Also if you were the attorney would it cost me another 5000 to send another waiver under the I130 if the waiver under the k3 was sent into the backlog?
Laurel: You should be able to file a new waiver packet under the Pilot Program at your immigrant visa interview even if you have one pending that was filed after the K3 interview, but so far I haven't had a test case. If I handled the first waiver packet, I wouldn't charge another $5K for the second one. If I didn't handle the first one, then yes.
angela256z: Do you know when you may be accepting new clients? Do you handle employer visas?
Laurel: Oh, I'll probably start taking new cases today. Business didn't really slow down these past weeks as I got so many emails saying "I know you're not taking new cases, but can you take mine anyway?" and I gave in too often. No, I don't do employer visas. You should call Norma for those.
mach12: Laurel, my 3rd case mgr suggested that maybe uscis nixed our k3 cause our 130 was approved hence putting a cr1 in motion. Is that possible? can't I have both k3 and cr1 in the works? i really want to have a k3 interview asap instead of waiting for cr1.
Laurel: They've done that occasionally even though I don't think its legal. Try to find out if that's what happened.
Mendoza: Do you know if the adjudicators for the pilot program can approve an I-212 along with the I-601 if the hardships are strong enough?
Laurel: Absolutely. Yes they do. The I-212 is secondary to the I-601.
petal07: My co-sponsor for I-864 delayed getting a long version of his birth certificate..he was born in CA it take 12 weeks to get...it probably will not reach us by our appointment on the 27th...he has a certified copy that has a seal but it is 57 years old...it was asked for in 1950...will we have a problem? What can we do?
Laurel: Ask him if he has a US passport. If he does, ask if you can borrow the original. Otherwise, take the old birth cert with you.
angela256z: If you bring a husband over on a K3 and two children over on K4's do you have to pay the $1010 per person for AOS or is the $1010 for the K3 and all dependents (K4's)?
Laurel: Each child has his/her own I-485. If they are under a certain age (14?) its less (forget how much - the fees are new). But as each child needs his/her own I-485, they each need their own filing fee. Along with the new filing fees came some new fee rules, so I'll double check this one later to make sure that rule didn't change.
laurafern11: Yes, Norma Ayoub - She was really nice and helpful, unfortunately it looks like the wife of the DV lottery winner (case I had asked you about) will not have as easy a time "following-to-join" as we had hoped for various reasons, but she gave us some other options.
Laurel: Norma knows her stuff. If anything, she's "too" thorough on the waiver cases, but since most of her waiver cases go through Athens (Norma speaks Arabic), its a good thing.
dduran: If the USC has priers will this affect the illegal spouse I 601 approval?
Laurel: You mean if the USC has criminal convictions? It shouldn't even come up in the waiver part of the process. It would only come up if you're doing a K visa.
Laurel: OMG, I'm freezing. This coffee shop is too darn cold!
KAREN: Sorry I typed in caps, it is my first time. Soooorry
Laurel: You still my frien'. Incidentally, I just had a case (got it post-denial) where a letter from a professional was declared fraudulent (it wasn't) in large part because it was written in all caps.
Laurel: That's actually what it said in the denial. The adjudicator pointed out that the letter was in all caps.
that the letter was in all caps.
kritlyn: Will the illegal alien get into trouble if we do a FBI fingerprint check?
Laurel: Only if they have a major criminal history and the FBI has been looking for them for more than just immigration violations.
hinke: Is it easier to hire an attorney in my case rather than filing the I-212? Cleveland has received our I-212 and have cashed the check. We mostly want to know what the processing time is for the I-212 and if it will be processed in Cleveland or Nebraska. Thanks.
Laurel: Processing time on an in-country I-212 is anyone's guess. I won't even venture an estimate on that one.
Laurel: Sorry, I don't mean to be glib, its just that I've gone through the in-country I-212 processing time problem before and .... I don't have anything nice to say about that process.
angela256z: I2US member askx...can u please ask her if contacting a senator and congressmen could really possibly help when husband has a 10yr bar
Laurel: A Senator is a Congressman. Congress has two houses: the Senate and the House of Representatives. All Senators and Representatives are Congressmen.
Congressmen are good for helping when you have an administrative problem, such as you can't figure out why your case is four months outside normal processing time and you can't get a response out of CIS. Congressmen should not attempt to influence the discretionary decision itself. The only time you should be getting a letter of support to include in the waiver packet is when you have a long-term personal relationship with the Congressman and he's writing a letter like any friend or acquaintance.
mindy_2007: Laurel: my situation is as follows:
1. I came to the U.S. in 1996 with K-1 Visa
2. I didn’t marry the person who applied for me due to personal reasons.
3. I met my current husband shortly after that in the same year. My husband had a green card at that time, we applied through a lawyer for I-130 Immigrant Petition for Relative, it was approved, and was sent to the Department of State National Visa Center awaiting my priority date.
4. I stayed in the USA during that period, and later on found out about the law concerning the overstay penalties, so I didn’t continue with this application even after my priority date was due.
5. It has been eleven years since I married my current husband. He is an American citizen now. Together we have a seven-year-old boy.
6. I have met with three lawyers and discussed my situation. One lawyer advised me to leave the country and apply for a waiver. The other lawyer advised me to file for cancellation of Removal, and the third wants to challenge the K-1 law by arguing the definition of K-1.
In 2002 my husband became a US Citizen and he filed I-485 application for me, pursuant to section 245 with the attorney. In 2006, I received form I-291denying my application based on my initial entry as K-1 Visa, the letter stated "if you fail to depart from the US, proceedings will be instituted to enforce your departure." I did not receive a letter for appearance for a deportation hearing.
My lawyer advised me to fight the case in court based on that I have been living continuously in the U.S since 1996 with good standing -that is for over 10 years- and that my removal will cause a tremendous hardship to both my husband and child. I recalled he used the words "Cancellation of Removal." Under Second Version of 245(i) it states:
"If a person enters the U.S. on a fiancée (K-1) visa, and, for whatever reason, does not marry the U.S. citizen who petitioned him/her, but instead, later marries a different U.S. citizen, then by law, he/she is not eligible to adjust status in the U.S. through this marriage. The law states that anyone who enters on a fiancée visa cannot adjust status in the U.S. except through marriage to the U.S. citizen who originally filed the K-1 visa. This is the case even if the marriage to another American is truly for love, the couple has been married for many years, have children, etc. Ordinarily, the only way that someone who enters on a fiancée visa can get a greencard in the U.S. would be through the American who originally petitioned him/her for the fiancée visa."
Am I still unqualified to adjust my status in the US under 245i because I entered with a K-1 visa, although my I130 was approved prio to 2001? Can you recommend anything? am I qualified for the Cancellation of Removal since I am a K-1 visa? Is it better to leave the country and file for a waiver? Do I have any other alternatives? and finally, do you accept any clients from other states, I live in california?
Laurel: What country are you from?
angela256z: Who is Norma and how do I get in contact with her? My friends company (a large hotel chain) wants to petition for many of their employee. If you don't have time to give me the info here can you give it on I2US? Thanks
Laurel: Laurafern, can you give the contact info, its noon and I gotta go. I have an appointment.
mindy_2007: Jordan
Laurel: Cancellation might be your best option. You'll need a local attorney. Call Heather Poole. Either she will be able to help or she'll tell you who can. Ask PinkPig from the Immigrate2us.net forum for Heather's contact info.
Laurel: Gotta Go. Bye.