Laura
09-12-2007, 04:47 PM
Laurel: Oh! Technical difficulties.
lansah: any information on Accra approvals. My mother went in for interview in January and was told her I-601decision would be made in 6 weeks. Have heard nothing? Is there anyway to expedite as I am getting marriend November and want her to be there. My father is deceased.
Laurel: I have my moderation console up. I didn't realize it wasn't posting in the window!
Laurel: Let me try to resolve this!
Laurel: Test
Laurel: *Sigh* Ok, I'll start over.
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: News alert: whereas previously I-129Fs filed after I-130 approval were adjudicated by CIS, they are now being rejected due to a change in administrative procedure as of August 1.
Laurel: The good news is that the consulate in Juarez has hired more help, presumably to alleviate the immigrant visa backlog. Furthermore, re-interviews following I-601 denials are now being scheduled in 3-5 months, rather than 12 months.
Laurel: Next week there will be no InfoPass appointments in Juarez due to training. The training is not just for the Juarez folks. I-601 adjudicators (OICs and some of their staff) for all foreign CIS offices in the Western Hemisphere will be attending the training in Panama City, so no waivers will be adjudicated that week.
Mendoza: Hi Laurel, on americanlaw.com, they have an INS memo from March 31, 1997 which states that for purposes of 212(a)(9)(c), unlawful presence prior to 1997 counts....Is this true and if so how would one determine if they are 9b or 9c? I mean, if they have unlawful presence from say Jan 1996 until May 1997 and then depart and return unlawfully, I thought they would be 9b since it would be only 1 month unlawful presence before returning, but according to the memo, it would 16 months and hence would not be eligible for the waiver for 10 years from departure......Would the same apply for unlawful presence of minors?
Laurel: According to a 1998 cable from then Secretary of State Albright, time before 1997 does not count toward 9C, but deportations do. The 1998 cable supercedes the 1997 memo as it is more recent.
Laurel: I note, however, that there is room for intepretation and some of the 9C rules are a matter of debate among attorneys. However, for the time being consulates are not counting pre-1997 unlawful presence toward 9C.
petal07: Good Morning Laurel...when hubby gets visa can we get it stamped cross to US visit family and then cross back over to vist family back in Mexico?
Laurel: Depends on the type of visa. K3 or Immigrant visa, yes. K1, no. For those with a K3, I encourage them to enter once and remain until the adjustment of status comes through. But they can legally use the K3 to go back and forth if they really, really want to. With an immigrant visa, its not an issue.
Laurel: I don't encourage people to spend several months abroad AFTER I-601 approval as it starts to erode the credibility of the waiver packet and could present suspicion of fraud.
susan_g: hello laurel do you think the waivers would at a better place, say in a 10 -12 months and have you talked to warren about the pilot program being around permantly
Laurel: With any Pilot Program, the intent is that it will become permanent. If that's not the intent, then they call it an "Interim Program" or something like that. Already, I think that referred cases won't take 10-12 months for adjudication.
Anne: What could account for why an embassy has told you nothing after you had an interview 20 days ago? Do embassies perform security checks? What could be the hold up?
Laurel: All kinds of things can be the problem. Security check is one possibility. You would need to inquire about what's going on.
susan_g: how are the i129 being rejected and what is the outcome cuz i just applied for one on sept 1 thank you
Laurel: I-129F, not I-129. It may seem like a distinction without a difference, but the I-129 is the heavily-used petition for nonimmigrant worker. But to answer your question - the statute says that an I-129F can be filed if an I-130 is pending. The corollary is that it can't be filed if the I-130 is approved, i.e. no longer pending. This is the letter of the law. This is a situation where I think the letter of the law is in conflict with the spirit of the law. The point of the K3 is to get the alien spouse in the US quickly when the immigrant visa case is taking a long time. If the hold-up comes between I-130 approval and issuance of the visa, I think you should still be able to file the I-129F because that would still serve the purpose of the K3. But they didn't ask me.
petal07: Laurel will infopass still be available to make appointments for other days durring the training week?
Laurel: InfoPass is now open for appointments starting on the 24th that are within two weeks from now. If you can't get on, then all the slots have been snatched up. You just have to keep trying.
Mendoza: If someone has a waiver pending from a K-3 (since March 2006) and they receive a new interview date for their I-130, can they go and resubmit the waiver? (no response for lawyer or senator inquiries) The consulate is telling them that they cannot (the 900# I think...)
Laurel: The only place where it might be worth doing that is Juarez so you can take advantage of the Pilot Program. If your case is in Juarez, well then just withdraw the pending waiver so you can refile under the Pilot Program after your new consular interview. Wait until shortly before the interview before you withdraw. For other locations, leave the case pending until you get a decision and if its an adverse decision, you can go forward with the new waiver.
lansah: Laurel - another quesiton. have you heard of any special visa for someone to enter the country for one or two days. I really was hoping that my mom could be here by my wedding but so far her 601 has yet to be adjuncticated in Accra. So could she potentially enter for my wedding and then return to accra until after her approval.
Laurel: If she's inadmissible, she'd need a (d)(3) waiver and come in on a B visa. That will be tough to get as she clearly has immigrant intent. Nonetheless, I've seen it done. I don't do those. You'd need to contact Dan Green.
MAMACITA: There are some people who have filed appeals after I601 denial @ CDJ, a few have been given the opportunity to schedule another I601 appt as you referenced above even though they still have appeals pending; other's have been been denied after numerous emails to CDJ to be given a 2nd chance @ another appt for for I601 interview. This appears to be a BIG issue @ CDJ, can this be cleared up with a email to Warren from you? CDJ is stating, "Once appeal filed you have to wait on decision therefore not 2nd appt available"? Mmmm!
Laurel: You may have to refer to the announcement Warren and Mr. B made to AILA stating that a new interview could be scheduled while an appeal was pending.
Laurel: I'll notify them that this is occuring.
petal07: When we go for our first interview do we turn in the requested information all in one packet? Or do they ask for it bit by bit?
Laurel: For the consular interview? I would have everything organized so you can give each thing bit by bit as it is requested. For the waiver, hand in the whole packet all at once.
Mendoza: It is for Juarez, how do you withdraw a waiver?
Laurel: Send them a letter asking to withdraw, stating the reasons.
barb: I'm in the process of getting my Group 1Texas Licensing for insurance which my office is paying for. After I receive this license, I will continue further with the other licenses. Could I list this as one of my hardships since it's state specific and it will not transfer overseas?
Laurel: Yep. But its hard for me to evaluate whether its a strong hardship without reviewing the whole case.
Marta: There are InfoPass appointments for CDJ available right now!
Mendoza: Laurel, could you post the the announcement of a new interview while an appeal is pending? I saw the one of making a new appointment, but it did not mention the appeal...
Laurel: I have to find out whether its a copyrighted document on AILA. I've been busted for posting copyrighted announcements before. I'm not sure how a private agency can copyright an annoucement by a government official regarding government procedure, but whatever.
gdalicia: Hi Laurel...hubby entered on a K-3 last week and we are planning to send our AOS packet by the end of the week. Can we still plan on having the EAD in hand within 90 days or has that slowed down due the fee increase backlog? Also, any chance of getting my $380 visa fee back since they refused to forward my completed I-130 to CDJ in time for our pick-up?
Laurel: You won't get the visa fee back, no. The statute says they have to give you the EAD within 90 days of submitting your I-765 if they have made no decision. BUT, be warned! CIS and NVC over the past few months have gone bananas in regard to the I-864 and are sending RFEs on the I-864 almost every time, frequently asking for documents I damn well already gave them. When they send an RFE out in this situation, they will stop the clock on the EAD and will pretend that they aren't doing anything wrong. Even though there is no longer a fee for the I-765 if you file with the I-485, consider filing it independently, in conjunction with the K3 visa, so the I-864 RFE won't hold it up.
Laurel: Boy, I sound annoyed with CIS and NVC, don't I?
lansah: are cases being adjuncticated in Accra? Everytime I call they say my mother's case is in their office but they don't know when it will go up for review. 6 months and counting now- I'm not sure how much longer I can work 3 jobs to support everyone. any advice?
Laurel: As far as I know there is no training going on in that region. But I have better information for the Western Hemisphere.
LYO: hello laurel!! I wanted to ask you with the NVC's new process what documents do we take beacuse we pretty much sent everything to them already?? also does the waiver and the HSL go in separate packets or all togethar like you said?
Laurel: I would take certified copies of "everything" to the consular interview. I always try to presume that everything I've previously filed has been lost and I'll be asked for it again. For the waiver packet, the letter is part of the packet.
Mendoza: Shouldn't these announcements be public information and not only for lawyers?
Laurel: I think so. Sometimes I get flack from other lawyers for being so public with the information. In fact, an attorney friend of mine was talking to another immigration lawyer at a conference and my name came up. The other lawyer said, "Oh, Laurel Scott. Yes. She's free with the information now, isn't she?"
susan_g: back to the I129f, my case is at the nvc waiting for an appt and they call it completed . do you think that is approved
Laurel: Yes. The I-129F petition is approved and when you get called to the consulate for an appointment, you are applying for a K visa based on your approved petition.
Laurel: USC petitions. Alien applies for a visa. In that order.
dduran: Laurel if NVC has sent back to Immigration you packet what can be filed to get it send back to NVC
Laurel: So, CIS approved it and sent it to NVC and NVC bounced it back to CIS? Well, I've heard of cases getting bounced by the consulate, but not by NVC unless you timed out. Any idea why they bounced it?
gdalicia: Interesting...I know someone who just received one of those RFEs! So, just to clarify...you are saying send the I-765 separately? Meaning pay the $300 now and then the $1000 in the future to do the AOS? OMG these fees are killing me!
Laurel: Yes, that is what I'm suggesting. And yes, the fees are out of control. I realize I'm advising you to pay another $300 or so, but if it gets the EAD more quickly and gets your spouse working more quickly, it may be worth it.
lansah: does my getting married effect my mom's immigrant visa petition. I filed prior to getting engaged and 3 years later she is still in the ssytem. however I am sometime unsure whether I should mention that I am getting married- even though that will add income
Laurel: It shouldn't affect the petition for parent of USC, when the petitioner gets married.
petal07: Laurel what is your opinion onhow you should dress for your interview at CDJ?
Laurel: Well, if you're female and the interviewer is male ... but seriously, business casual. You want to be clean and well-groomed, but a suit isn't necessary.
Laurel: weird. No more unanswered questions. Come on, give me a hard one!
dduran: Time Out, she filed for her apptmt to be in USA, and rec'v a denial, where & saying he would have to leave USA. I think they denied the request to chg appt. she at that time thought it was the hole packet, so she stop, I'm pushing her to inquire about it. & that's what NVC told her that it got sent back to Immig.
Laurel: I think you need to inquire because this is a bit confusing.
Mendoza: small class today Laurel...
Laurel: Yea. What's up with that?
gdalicia: How is Anita?
Laurel: Good. Nothing interesting to report from yesterday, though her appetite is clearly up so I think she's going through a growth spurt.
laurafern11: Wow - no questions??!! I don't even have a store this week. Everyone is too angry and depressed about the skipped months of waivers
Laurel: TJ has completed 500 waivers and is sending out the notices presently.
Lexi: Happy Birthday on the 26th!!
Laurel: Thanks! Its the big 35. I'm bracing for impact.
laurafern11: Laurel - what is your favorite food?
Laurel: Chocolate cake with vanilla icing. Though, lamb shahi korma is pretty fabulous.
Mendoza: OK, my SIL is petitioned under my FIL (LPR) and she is over 21 and unmarried and here EWI....How will they know she be adjusting under 245i?
Laurel: Was she here before December of 2000 and was the petition filed before April of 2001?
lansah: the (d)(3) waiver you spoke of...is that something that I can get done in less than 2 months...my wedding is in November. But I'm trying to come with up any way to get her here at least for the day
Laurel: You should be able to get it done pretty quickly anywhere in the world except Canada, where it can take over a year.
lansah: the (d)(3) waiver you spoke of...is that something that I can get done in less than 2 months...my wedding is in November. But I'm trying to come with up any way to get her here at least for the day
Laurel: You should be able to get it done pretty quickly anywhere in the world except Canada, where it can take over a year.
Susan12: What is the probabilty of getting an approved visitors visa for my fiance's parents in Mexico? We want to have them here for the wedding.
Laurel: If they have no ground of inadmissibility and have a residence in mexico that they have no intention of abandoning, it shouldn't be too difficult, but you will have to present a good case to prove that they will return to Mexico when their authorized stay expires.
LYO: How do you suggest telling the interviewer that there were some changes from the old ds-part 1 from the newer one at the interview??
Laurel: Say," by the way, we've updated the DS-230"
petal07: Laurel if I make more money now for the I-864 and have a co-sponsor also...can they be removed if I make enough $$$ now?
Laurel: Not once the immigrant visa is approved, based on that co-sponsor's I-864. They are relieved of their obligation when (a) the alien naturalizes, (b) the alien has qualifying employment in at least 40 quarters, (c) the alien dies, or (d) the alien permanently departs the US, abandoning permanent residence.
lansah: I should clarify I mean tha tI want her here for my wedding but more improtantly back in the US permanently
Laurel: Right. But its going to have to be a two-step thing with a return to Africa in the middle.
sdgcas: Hi Laurel, we saw a recent denial in Moscow. Was it a strong case? Is Moscow a very difficult place to have I601 approval?
Laurel: I'm bound by the rules of confidentialty, so I can't say much about it. I can say that the decision doesn't tell me much about Moscow. I learn about a CIS office if (a) a weak waiver gets approved, or (b) a strong waiver gets denied. Even in one of those situations, I might not learn about that CIS office if there is something unusual about the denial or the situation that makes it atypical. Right now, I have no assessments to make about Moscow based on that case.
laurafern11: Oh - way to go TJ - What's the deal with El Salvador?
Laurel: El Salvador wasn't as busy, so Oscar set them to work.
Laurel: Ok, now everyone is off and running with the questions. I hit "fetch" and now there's a big list before me.
Lexi: Don't worry about 35, after 40 is the best, unless you have little kids at that age.
Laurel: No more babies. My two little ones are enough joy.
Mendoza: Yes (1999) and yes (1993/1994, can't remeber)
Laurel: If she was under 21 at the time the I-130 was filed, she might qualify under CSPA, but since I mostly do spousal cases, the CSPA is not my forte. I'd have to go check. Otherwise, her visa should be available in one to two more years and she can adjust that way under 245i or if she marries a USC now she can use the old I-130 to grandfather in under 245i and then adjust through the new petitioner. A copy of the old I-130 receipt notice is critical.
susan_g: in the 601 waiver my hardship is becasue i have gotten violently sick due to the food or water and i had to go to the er twice becasue of pain and dehadration one time it happend in99 and 2002 is that to long of time frame to consieder it medical issue
Laurel: Its just so common, its hard to make an extreme hardship case out of it unless your illness was complicated by another long-term medical condition.
gdalicia: Laurel, what do you know about student visas? My Dad has a friend that is visiting on a B1/B2 from Sweden and wants to apply for a F1 I believe? Is it a big no-no to do that while here on the tourist visa? Does he need to go back and apply from Sweden? He is actually a Thai citizen and has Swedish residency.
Laurel: You can't so that unless your B visa has the notation that you're interviewing for school. He would have to leave and come back.
Mendoza: Turns out my husband could have actually filed under his father's petition with our marriage, but it never came up and i was just following what immigration told me to do...
Laurel: Don't listen to them.
lansah: you are a great help and I wish you continued success...no Google search in the world could have been as informative as you have been today. Wishing you continued success and thank you for your openess.
Laurel: I have to put more info on my website. I was thinking about getting an internet camera and just recording myself providing information on certain ways to legalize.
Susan12: Ho can we prove that they will return to Mexico? They have 2 teenage daughters there and a house but what kind of proof can we provide.
Laurel: Title to house or lease to an apartment. Employment letter stating that there is a good job waiting for him. Proof that they have two teenage daughters to take care of, who are not coming. Etc.
Susan12: Oh....and how far in advance should we apply for the visa? We have not been approved for K-1 yet, so we don't know when exactly we will actually have the wedding but we don't want to wait too long and not be able to get a visa for them within the 3 month time frame for the K-1.
Laurel: Hmm. As soon as you have a concrete date for the wedding, which will depend on your visa process, I would file the DS-156 for the B visas.
MAMACITA: WOW, you are telling us things about these waiver destinations we have been wondering about for weeks! Is this the reason why waivers are being processed out of order Laurel cause different Embassy's are processing them?
Laurel: Don't I say that every week?
LYO: I'm sorry for asking I know you ahve mentioned this before but I forgot what kind folder do you suggest to put the HSL in ??? thank you for your answers
Laurel: I put the packet together with a single big binder clip on top.
b: Laurel, did you get my email about Cyprus? Any comment on the fingerprint ? or their 'need' to wait for the file from LA?
Laurel: It sounded to me like Anna said they are already starting the security check. They will probably print him again when he comes and he will need to do the medical again, but they won't call him in for the pick up unitl the name check is complete. I think they will also need to wait for a copy of the decision - from LA at this point, I guess - before they schedule the interview, but it sounds to me like they are doing the security check while awaiting the notice.
lansah: Laurel is Dan Green in New York. I am looking for his information to contact him about the (d)(3)
Laurel: Buffalo, yes.
MAMACITA: Do you think they will be through with these backlogged waivers before the end of say, October or Nov?
Laurel: Lord, I hope so!
Mendoza: Too late
Laurel: Bye, ya'all. I'll see you next week. My birthday is in two weeks. I haven't decided whether I'll do the chat that week or not. Tal vez.
lansah: any information on Accra approvals. My mother went in for interview in January and was told her I-601decision would be made in 6 weeks. Have heard nothing? Is there anyway to expedite as I am getting marriend November and want her to be there. My father is deceased.
Laurel: I have my moderation console up. I didn't realize it wasn't posting in the window!
Laurel: Let me try to resolve this!
Laurel: Test
Laurel: *Sigh* Ok, I'll start over.
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: News alert: whereas previously I-129Fs filed after I-130 approval were adjudicated by CIS, they are now being rejected due to a change in administrative procedure as of August 1.
Laurel: The good news is that the consulate in Juarez has hired more help, presumably to alleviate the immigrant visa backlog. Furthermore, re-interviews following I-601 denials are now being scheduled in 3-5 months, rather than 12 months.
Laurel: Next week there will be no InfoPass appointments in Juarez due to training. The training is not just for the Juarez folks. I-601 adjudicators (OICs and some of their staff) for all foreign CIS offices in the Western Hemisphere will be attending the training in Panama City, so no waivers will be adjudicated that week.
Mendoza: Hi Laurel, on americanlaw.com, they have an INS memo from March 31, 1997 which states that for purposes of 212(a)(9)(c), unlawful presence prior to 1997 counts....Is this true and if so how would one determine if they are 9b or 9c? I mean, if they have unlawful presence from say Jan 1996 until May 1997 and then depart and return unlawfully, I thought they would be 9b since it would be only 1 month unlawful presence before returning, but according to the memo, it would 16 months and hence would not be eligible for the waiver for 10 years from departure......Would the same apply for unlawful presence of minors?
Laurel: According to a 1998 cable from then Secretary of State Albright, time before 1997 does not count toward 9C, but deportations do. The 1998 cable supercedes the 1997 memo as it is more recent.
Laurel: I note, however, that there is room for intepretation and some of the 9C rules are a matter of debate among attorneys. However, for the time being consulates are not counting pre-1997 unlawful presence toward 9C.
petal07: Good Morning Laurel...when hubby gets visa can we get it stamped cross to US visit family and then cross back over to vist family back in Mexico?
Laurel: Depends on the type of visa. K3 or Immigrant visa, yes. K1, no. For those with a K3, I encourage them to enter once and remain until the adjustment of status comes through. But they can legally use the K3 to go back and forth if they really, really want to. With an immigrant visa, its not an issue.
Laurel: I don't encourage people to spend several months abroad AFTER I-601 approval as it starts to erode the credibility of the waiver packet and could present suspicion of fraud.
susan_g: hello laurel do you think the waivers would at a better place, say in a 10 -12 months and have you talked to warren about the pilot program being around permantly
Laurel: With any Pilot Program, the intent is that it will become permanent. If that's not the intent, then they call it an "Interim Program" or something like that. Already, I think that referred cases won't take 10-12 months for adjudication.
Anne: What could account for why an embassy has told you nothing after you had an interview 20 days ago? Do embassies perform security checks? What could be the hold up?
Laurel: All kinds of things can be the problem. Security check is one possibility. You would need to inquire about what's going on.
susan_g: how are the i129 being rejected and what is the outcome cuz i just applied for one on sept 1 thank you
Laurel: I-129F, not I-129. It may seem like a distinction without a difference, but the I-129 is the heavily-used petition for nonimmigrant worker. But to answer your question - the statute says that an I-129F can be filed if an I-130 is pending. The corollary is that it can't be filed if the I-130 is approved, i.e. no longer pending. This is the letter of the law. This is a situation where I think the letter of the law is in conflict with the spirit of the law. The point of the K3 is to get the alien spouse in the US quickly when the immigrant visa case is taking a long time. If the hold-up comes between I-130 approval and issuance of the visa, I think you should still be able to file the I-129F because that would still serve the purpose of the K3. But they didn't ask me.
petal07: Laurel will infopass still be available to make appointments for other days durring the training week?
Laurel: InfoPass is now open for appointments starting on the 24th that are within two weeks from now. If you can't get on, then all the slots have been snatched up. You just have to keep trying.
Mendoza: If someone has a waiver pending from a K-3 (since March 2006) and they receive a new interview date for their I-130, can they go and resubmit the waiver? (no response for lawyer or senator inquiries) The consulate is telling them that they cannot (the 900# I think...)
Laurel: The only place where it might be worth doing that is Juarez so you can take advantage of the Pilot Program. If your case is in Juarez, well then just withdraw the pending waiver so you can refile under the Pilot Program after your new consular interview. Wait until shortly before the interview before you withdraw. For other locations, leave the case pending until you get a decision and if its an adverse decision, you can go forward with the new waiver.
lansah: Laurel - another quesiton. have you heard of any special visa for someone to enter the country for one or two days. I really was hoping that my mom could be here by my wedding but so far her 601 has yet to be adjuncticated in Accra. So could she potentially enter for my wedding and then return to accra until after her approval.
Laurel: If she's inadmissible, she'd need a (d)(3) waiver and come in on a B visa. That will be tough to get as she clearly has immigrant intent. Nonetheless, I've seen it done. I don't do those. You'd need to contact Dan Green.
MAMACITA: There are some people who have filed appeals after I601 denial @ CDJ, a few have been given the opportunity to schedule another I601 appt as you referenced above even though they still have appeals pending; other's have been been denied after numerous emails to CDJ to be given a 2nd chance @ another appt for for I601 interview. This appears to be a BIG issue @ CDJ, can this be cleared up with a email to Warren from you? CDJ is stating, "Once appeal filed you have to wait on decision therefore not 2nd appt available"? Mmmm!
Laurel: You may have to refer to the announcement Warren and Mr. B made to AILA stating that a new interview could be scheduled while an appeal was pending.
Laurel: I'll notify them that this is occuring.
petal07: When we go for our first interview do we turn in the requested information all in one packet? Or do they ask for it bit by bit?
Laurel: For the consular interview? I would have everything organized so you can give each thing bit by bit as it is requested. For the waiver, hand in the whole packet all at once.
Mendoza: It is for Juarez, how do you withdraw a waiver?
Laurel: Send them a letter asking to withdraw, stating the reasons.
barb: I'm in the process of getting my Group 1Texas Licensing for insurance which my office is paying for. After I receive this license, I will continue further with the other licenses. Could I list this as one of my hardships since it's state specific and it will not transfer overseas?
Laurel: Yep. But its hard for me to evaluate whether its a strong hardship without reviewing the whole case.
Marta: There are InfoPass appointments for CDJ available right now!
Mendoza: Laurel, could you post the the announcement of a new interview while an appeal is pending? I saw the one of making a new appointment, but it did not mention the appeal...
Laurel: I have to find out whether its a copyrighted document on AILA. I've been busted for posting copyrighted announcements before. I'm not sure how a private agency can copyright an annoucement by a government official regarding government procedure, but whatever.
gdalicia: Hi Laurel...hubby entered on a K-3 last week and we are planning to send our AOS packet by the end of the week. Can we still plan on having the EAD in hand within 90 days or has that slowed down due the fee increase backlog? Also, any chance of getting my $380 visa fee back since they refused to forward my completed I-130 to CDJ in time for our pick-up?
Laurel: You won't get the visa fee back, no. The statute says they have to give you the EAD within 90 days of submitting your I-765 if they have made no decision. BUT, be warned! CIS and NVC over the past few months have gone bananas in regard to the I-864 and are sending RFEs on the I-864 almost every time, frequently asking for documents I damn well already gave them. When they send an RFE out in this situation, they will stop the clock on the EAD and will pretend that they aren't doing anything wrong. Even though there is no longer a fee for the I-765 if you file with the I-485, consider filing it independently, in conjunction with the K3 visa, so the I-864 RFE won't hold it up.
Laurel: Boy, I sound annoyed with CIS and NVC, don't I?
lansah: are cases being adjuncticated in Accra? Everytime I call they say my mother's case is in their office but they don't know when it will go up for review. 6 months and counting now- I'm not sure how much longer I can work 3 jobs to support everyone. any advice?
Laurel: As far as I know there is no training going on in that region. But I have better information for the Western Hemisphere.
LYO: hello laurel!! I wanted to ask you with the NVC's new process what documents do we take beacuse we pretty much sent everything to them already?? also does the waiver and the HSL go in separate packets or all togethar like you said?
Laurel: I would take certified copies of "everything" to the consular interview. I always try to presume that everything I've previously filed has been lost and I'll be asked for it again. For the waiver packet, the letter is part of the packet.
Mendoza: Shouldn't these announcements be public information and not only for lawyers?
Laurel: I think so. Sometimes I get flack from other lawyers for being so public with the information. In fact, an attorney friend of mine was talking to another immigration lawyer at a conference and my name came up. The other lawyer said, "Oh, Laurel Scott. Yes. She's free with the information now, isn't she?"
susan_g: back to the I129f, my case is at the nvc waiting for an appt and they call it completed . do you think that is approved
Laurel: Yes. The I-129F petition is approved and when you get called to the consulate for an appointment, you are applying for a K visa based on your approved petition.
Laurel: USC petitions. Alien applies for a visa. In that order.
dduran: Laurel if NVC has sent back to Immigration you packet what can be filed to get it send back to NVC
Laurel: So, CIS approved it and sent it to NVC and NVC bounced it back to CIS? Well, I've heard of cases getting bounced by the consulate, but not by NVC unless you timed out. Any idea why they bounced it?
gdalicia: Interesting...I know someone who just received one of those RFEs! So, just to clarify...you are saying send the I-765 separately? Meaning pay the $300 now and then the $1000 in the future to do the AOS? OMG these fees are killing me!
Laurel: Yes, that is what I'm suggesting. And yes, the fees are out of control. I realize I'm advising you to pay another $300 or so, but if it gets the EAD more quickly and gets your spouse working more quickly, it may be worth it.
lansah: does my getting married effect my mom's immigrant visa petition. I filed prior to getting engaged and 3 years later she is still in the ssytem. however I am sometime unsure whether I should mention that I am getting married- even though that will add income
Laurel: It shouldn't affect the petition for parent of USC, when the petitioner gets married.
petal07: Laurel what is your opinion onhow you should dress for your interview at CDJ?
Laurel: Well, if you're female and the interviewer is male ... but seriously, business casual. You want to be clean and well-groomed, but a suit isn't necessary.
Laurel: weird. No more unanswered questions. Come on, give me a hard one!
dduran: Time Out, she filed for her apptmt to be in USA, and rec'v a denial, where & saying he would have to leave USA. I think they denied the request to chg appt. she at that time thought it was the hole packet, so she stop, I'm pushing her to inquire about it. & that's what NVC told her that it got sent back to Immig.
Laurel: I think you need to inquire because this is a bit confusing.
Mendoza: small class today Laurel...
Laurel: Yea. What's up with that?
gdalicia: How is Anita?
Laurel: Good. Nothing interesting to report from yesterday, though her appetite is clearly up so I think she's going through a growth spurt.
laurafern11: Wow - no questions??!! I don't even have a store this week. Everyone is too angry and depressed about the skipped months of waivers
Laurel: TJ has completed 500 waivers and is sending out the notices presently.
Lexi: Happy Birthday on the 26th!!
Laurel: Thanks! Its the big 35. I'm bracing for impact.
laurafern11: Laurel - what is your favorite food?
Laurel: Chocolate cake with vanilla icing. Though, lamb shahi korma is pretty fabulous.
Mendoza: OK, my SIL is petitioned under my FIL (LPR) and she is over 21 and unmarried and here EWI....How will they know she be adjusting under 245i?
Laurel: Was she here before December of 2000 and was the petition filed before April of 2001?
lansah: the (d)(3) waiver you spoke of...is that something that I can get done in less than 2 months...my wedding is in November. But I'm trying to come with up any way to get her here at least for the day
Laurel: You should be able to get it done pretty quickly anywhere in the world except Canada, where it can take over a year.
lansah: the (d)(3) waiver you spoke of...is that something that I can get done in less than 2 months...my wedding is in November. But I'm trying to come with up any way to get her here at least for the day
Laurel: You should be able to get it done pretty quickly anywhere in the world except Canada, where it can take over a year.
Susan12: What is the probabilty of getting an approved visitors visa for my fiance's parents in Mexico? We want to have them here for the wedding.
Laurel: If they have no ground of inadmissibility and have a residence in mexico that they have no intention of abandoning, it shouldn't be too difficult, but you will have to present a good case to prove that they will return to Mexico when their authorized stay expires.
LYO: How do you suggest telling the interviewer that there were some changes from the old ds-part 1 from the newer one at the interview??
Laurel: Say," by the way, we've updated the DS-230"
petal07: Laurel if I make more money now for the I-864 and have a co-sponsor also...can they be removed if I make enough $$$ now?
Laurel: Not once the immigrant visa is approved, based on that co-sponsor's I-864. They are relieved of their obligation when (a) the alien naturalizes, (b) the alien has qualifying employment in at least 40 quarters, (c) the alien dies, or (d) the alien permanently departs the US, abandoning permanent residence.
lansah: I should clarify I mean tha tI want her here for my wedding but more improtantly back in the US permanently
Laurel: Right. But its going to have to be a two-step thing with a return to Africa in the middle.
sdgcas: Hi Laurel, we saw a recent denial in Moscow. Was it a strong case? Is Moscow a very difficult place to have I601 approval?
Laurel: I'm bound by the rules of confidentialty, so I can't say much about it. I can say that the decision doesn't tell me much about Moscow. I learn about a CIS office if (a) a weak waiver gets approved, or (b) a strong waiver gets denied. Even in one of those situations, I might not learn about that CIS office if there is something unusual about the denial or the situation that makes it atypical. Right now, I have no assessments to make about Moscow based on that case.
laurafern11: Oh - way to go TJ - What's the deal with El Salvador?
Laurel: El Salvador wasn't as busy, so Oscar set them to work.
Laurel: Ok, now everyone is off and running with the questions. I hit "fetch" and now there's a big list before me.
Lexi: Don't worry about 35, after 40 is the best, unless you have little kids at that age.
Laurel: No more babies. My two little ones are enough joy.
Mendoza: Yes (1999) and yes (1993/1994, can't remeber)
Laurel: If she was under 21 at the time the I-130 was filed, she might qualify under CSPA, but since I mostly do spousal cases, the CSPA is not my forte. I'd have to go check. Otherwise, her visa should be available in one to two more years and she can adjust that way under 245i or if she marries a USC now she can use the old I-130 to grandfather in under 245i and then adjust through the new petitioner. A copy of the old I-130 receipt notice is critical.
susan_g: in the 601 waiver my hardship is becasue i have gotten violently sick due to the food or water and i had to go to the er twice becasue of pain and dehadration one time it happend in99 and 2002 is that to long of time frame to consieder it medical issue
Laurel: Its just so common, its hard to make an extreme hardship case out of it unless your illness was complicated by another long-term medical condition.
gdalicia: Laurel, what do you know about student visas? My Dad has a friend that is visiting on a B1/B2 from Sweden and wants to apply for a F1 I believe? Is it a big no-no to do that while here on the tourist visa? Does he need to go back and apply from Sweden? He is actually a Thai citizen and has Swedish residency.
Laurel: You can't so that unless your B visa has the notation that you're interviewing for school. He would have to leave and come back.
Mendoza: Turns out my husband could have actually filed under his father's petition with our marriage, but it never came up and i was just following what immigration told me to do...
Laurel: Don't listen to them.
lansah: you are a great help and I wish you continued success...no Google search in the world could have been as informative as you have been today. Wishing you continued success and thank you for your openess.
Laurel: I have to put more info on my website. I was thinking about getting an internet camera and just recording myself providing information on certain ways to legalize.
Susan12: Ho can we prove that they will return to Mexico? They have 2 teenage daughters there and a house but what kind of proof can we provide.
Laurel: Title to house or lease to an apartment. Employment letter stating that there is a good job waiting for him. Proof that they have two teenage daughters to take care of, who are not coming. Etc.
Susan12: Oh....and how far in advance should we apply for the visa? We have not been approved for K-1 yet, so we don't know when exactly we will actually have the wedding but we don't want to wait too long and not be able to get a visa for them within the 3 month time frame for the K-1.
Laurel: Hmm. As soon as you have a concrete date for the wedding, which will depend on your visa process, I would file the DS-156 for the B visas.
MAMACITA: WOW, you are telling us things about these waiver destinations we have been wondering about for weeks! Is this the reason why waivers are being processed out of order Laurel cause different Embassy's are processing them?
Laurel: Don't I say that every week?
LYO: I'm sorry for asking I know you ahve mentioned this before but I forgot what kind folder do you suggest to put the HSL in ??? thank you for your answers
Laurel: I put the packet together with a single big binder clip on top.
b: Laurel, did you get my email about Cyprus? Any comment on the fingerprint ? or their 'need' to wait for the file from LA?
Laurel: It sounded to me like Anna said they are already starting the security check. They will probably print him again when he comes and he will need to do the medical again, but they won't call him in for the pick up unitl the name check is complete. I think they will also need to wait for a copy of the decision - from LA at this point, I guess - before they schedule the interview, but it sounds to me like they are doing the security check while awaiting the notice.
lansah: Laurel is Dan Green in New York. I am looking for his information to contact him about the (d)(3)
Laurel: Buffalo, yes.
MAMACITA: Do you think they will be through with these backlogged waivers before the end of say, October or Nov?
Laurel: Lord, I hope so!
Mendoza: Too late
Laurel: Bye, ya'all. I'll see you next week. My birthday is in two weeks. I haven't decided whether I'll do the chat that week or not. Tal vez.