Laura
09-19-2007, 04:20 PM
Laurel: I did it again, signing in with the wrong version of my name.
Laurel: One sec
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: Announcement: all the I-601 adjudicators (OICs and their staff) for the foreign CIS offices in the Western Hemisphere are in Panama City this week for training, so there is no waiver adjudication happening this week.
Laurel: My birthday is next Wednesday. If you want to send me something, Reggaeton concert tickets for Houston are appreciated.
Laurel: I'm still working out the kinks from my transition from a regular office to a virtual office. The reason its taking so long to work out the kinks is because in addition to all the details of moving, I have my cases to be handling. My case load is once again at capacity. I haven't posted anything on my website stating that I won't be taking more cases, but I have debated whether to just take four to eight more and stop taking new cases for the remainder of 2007. For the moment I am still taking new cases.
petal07: Hello Laurel..We will be leaving Sat to CDJ and I am trying to complete our applications. On Ds230 part 1 # 25 it asks..List dates of all previous visits to or residence in the United States... do we answer never..or do we list all the places we have lived eventhough it has that list on #20? Also on part 2 # 33a & 33B...regarding requesting a SSN do we have to put yes or can we put no if we want to directly go to the SSA office?
Laurel: For the SSN, you need to put 'yes' and that's really the best thing to do anyway. For entries and exits - has he never been to the US at all? If he has, you need to list all entries and exits, even if its just one entry and the location he visited (summarize), as opposed to the port of entry.
dduran: Good morning, checked out your video your a bit younger then what I thought. I liked the video looks like it would help others. Thank you..
Laurel: As I've got all the clients I can handle (if not more than I can handle) I'm really looking for ways to help more people without taking them on as clients. I'm hoping that by using video I'll be able to reach more people.
lindac80: my husband had a catch and release in 1992 when he was 17 years old, he went back to his town and came back in 1994 and has been here since, we have our app next week and i am confused on form ds-230 question 32- (have you ever been refused admission to the ua at a port of entry? what do you recomend? than you !
Laurel: A catch and release is a refusal of entry.
Gracie: If you're eligible for a V visa do you contact NVC or do the AUTOMATICALLY contact you?
Laurel: Have you already applied? It'd be pretty unusual for someone to be applying for a V visa at this point as that for spouse and kids of LPR who filed the I-130 before December of 2000 and the I-130 is still pending.
angela256z: If I sent in the I-130 in July and the I-129F in Sept and the I-130 gets approved and I decide to go that route can I just abandon the I-129F?
Laurel: sure
dduran: Happy Birthday & many more. How's the weather in Houston, haven't been there in years.
Laurel: Hot. It was a rainy summer, so June and July were cooler than usual - almost bearable - but August was a beast. The temps are coming down now, but ... still hot.
angela256z: Question for other member....If you are filling out the I-130 and it states had your relative ever been deported, and at this time they have not, but you know within the next 6 months he will what should you put? The spouse is currently detained and will most likely be deported at the end of the time.
Laurel: You reveal that he's in proceedings, but he hasn't been deported yet at the time the form is filed.
francis: My friend wants to spend money on the best lawyer !! I think she's wasting her time... She overstayed 13 years. Popped across to Mexico. Caught. Pretended she was citizen. Detained. Deported. Husband still in the USA (13 years overstay). No US ties. I said there's at least 10 year bar, maybe lifetime ? Would she be wasting money on lawyer?
Laurel: False claim of US citizenship. No waiver. Probably wasting her money on an attorney.
MAMACITA: Laurel,why is it so difficult to get any straight answers from the 202# or the Consulate @ CDJ, they are not opaque at all, and those of us sitting in the back log approaching 1 yr timeline are very frustrated as we, here I go again -have seen other's with less timelines getting approvals @ 8-9 months, this is so unfair and CDJ is giving out no answers,,,,did you ever inquire to why they are being processed out of order?
Laurel: The people on the phone at the 202# (DC) or the 900# (CDJ) or the CIS 800# are all looking at a short blurb on the computer regarding your case. If they answer you need is not in that blurb, they can't help you.
I think every week I say that I believe the cases are processed out of order because the workload has been split among several different offices and they are not all going at the same rate.
brei: hi.my cousin is an incest victim,entered in the us in b1 visa and overstayed for more than ayear for the same reason.and banned for 10 years.is she qualify to apply for waiver I-601?
Laurel: She still needs a qualifying relative for the waiver.
cokezero: I am waiting for my case to be transferred to CDJ. At what time would it be good to contact you to take our case?
Laurel: Immigrant visa or K3?
roxy21: I want to know what possibilities i have for my husband after my waiver was denied. i already scheduled a new appointment. but have not received an appointment yet. i received a response that i will get a new appointment within 6 months or less.
Laurel: Sounds like you're doing what needs to be done. Start preparing a better waiver packet in the next few months.
princess: entered illegally married USC...how long is it taking to get the first appointment to CDJ after the case is completed?
Laurel: After the immigrant visa case goes through NVC - about a year. After the K3 goes through NVC - two or three months, maybe less.
petal07: So on my original DS230 #25 we put never due to ignorance of the question. He has only 1 EWI...So on the new up-date I will list his entry...what should we do about the original mistake?
Laurel: This is in regard to visa pick-up? If you're post-waiver for unlawful presence, than its a non-issue as they already must have realized that in order to be unlawfully present in the US, he would have had to have entered at some point. Or is this a correction between NVC filing and 1rst interview? If its the latter, then just make the correction, hand it in and say its a correction. If you had listed US locations under the places he's lived, then obviously he entered at some point, so its no biggie.
2_be_me: Have you had any luck getting I-130 transfered (if completed) for K-3 interviews?
Laurel: Not in over two years.
la_brujita11: can you give some information about the infopass? I have my apointment in Oct 4 in ciudad Juarez mex. and I still don't have my second appointment. I been trying to get the appointment but I couldn't I don't know what to do.
Laurel: You can only make appointments no more than two weeks in advance and you shouldn't schedule your InfoPass appointment any earlier than October 6 (the 7th might be better), so you're more than two weeks away anyway.
roxy21: i have an appeal pending, i send in a doctor's letter about 5 months ago, will this help or should i just make a new appointment?
Laurel: For CDJ? Make a new appointment.
Laurel: Let me qualify that - in the vast majority of Juarez cases, a de novo filing is preferable to an appeal. If you're fighting a legal issue, an appeal might be appropriate.
lynn: My husband came in on a K-3 visa, the I-94 expires in Mar 2008. We have applied for AOS, which I do not think will be finished by the. Can we get an extension on the I-94(k-3 visa expires May 2009)? What do we do, so he doesn't have to go back to Mexico?
Laurel: If the I-485 is still pending when the K3 is expiring, you can get the K3 renewed and it would have to picked up at the consulate. If he doesn't want to travel, then he doesn't need it anyway as really the only reason to have a K3 when you have a pending I-485 is to make travel easier. The pending I-485 keeps him legal and is a basis for renewing an employment authorization document.
ke5fbh: where can I get a binder that clips at the top like you use
Laurel: Not a binder with clips ... binder clips. Go to Office Depot and ask for "binder clips".
angela256z: About how long does it take to get an FBI fingerprint check back?
Laurel: A couple of months.
MAMACITA: There is a person on the Juarez forum who has waited 15 mo's for her approval, she has been inquirying and finally got an email from CDJ telling her to come to the Consulate on the 28th of this month. No directives or packet received yet. She called Mr. B and he said to come on down, no medical needed, but could not provide her with any concrete answers and she still has no clue if her husband's waiver has been approved, what do you suggest,,,,,,,,long way to go for no answers? Maybe her file has been lost and they are going to give them the approved waiver? Should she attempt to try and email Warren?
Laurel: Something's obviously up and they want to talk to her husband in person. He should go to his appointment and see what's going on.
angela256z: I bought that NOLO book on Marriage visa. Thank you for letting me know you thought it was a good book. I wish I had it from day 1. Thanks. Happy Birthday!
Laurel: I don't think I've looked at that one in a while, but NOLO in general is reliable and informative.
Todd: my friend whom I plan to marry is an EWI. She has been in the US for 14 years with her three children. She has never been arrested or questioned about her status. When we marry, will she need to go back to Mexico and if so for how long?
Laurel: Assuming no one has ever filed an I-130, I-140 or Labor Certification application on her behalf in the past, then yes. After marriage, file I-130 then I-129F (I haven't tried filing simultaneously since the new procedure, but I might try that). When her K3 interview is scheduled, she needs to go to CDJ for the waiver. Having said that she needs to go, I should note that she's eligible for Cancellation of Removal, which is a request before an immigration judge to give you the green card without leaving the country, but then you have to prove Exceptional and Extremely Unusual Hardship to a qualifying relative. If she weren't Mexican, I might recommend Cancellation instead, but for her the waiver process is probably better. Be sure to consult with an attorney before leaving, just to really go over the facts of your case and make sure that the waiver process will be preferable to Cancellation for her set of facts.
dduran: A felony is automatice life bar, if he didn't pay his dues, happened 7 yrs ago. drug related.
Laurel: "drug related"? Most drug offenses are lifetime bars with no waiver, except one conviction for simple possession of marijuana. But occasionally and offense may seem "drug related", but not actually technically be a drug offense.
Lizarraga: What do you think I should do call them (uscis) or wait till they send me a letter its been one year waiting for the waiver THANK YOU
Laurel: I'd wait just a wee bit longer until the one-year mark. I am getting approvals on CDJ backlog cases pending around a year.
angela256z: If you have a client that is looking at doing a K3 do you also help them with the AOS once they are back in the US?
Laurel: If they want.
2_be_me: Have you ever seen a waiver approved based solely on the USC having to be their parents sole caregiver?
Laurel: Waiver for spouse of USC, based on USC being sole caregiver for his/her parents? Sure.
dduran: I put in a waiver but mine was only 1 page with additional 2-3 pages of proof. DHS rec'ved it 9-11-06. Do you think it's weak?
Laurel: I can't say its impossible to get an approval on that, but it does sound quite thin.
Arabonita: Hi Laurel, I want to thank you for all the help you give us here, thanks to your advise and of all the forums we were able to get my IR1 visa without having to pay for a lawyer. THANKS! for sharing the knoleadge
Laurel: I'm happy to help. Now, I should point out that I do not - repeat - do not recommend that anyone attempt the waiver process without an attorney. On the contrary, I always tell people that a waiver case is NECESSARILY a complex case and you should hire an attorney. Your spouse's immigration case is not a good place to save a few bucks. But, I know that for some people the expense is simply out of the question, not possible. I provide public information for those people and also because I find that the clients that are easiest to work with are the ones who understand their case and understand the process, even before approaching me. They are better able to participate in the representation, have the most reasonable expectations of what my role is, and we are able to spend less time explaining things and more time preparing the case.
chicken_nood_soup: good afternoon. i received notice this week that my husbands i601 waiver out of mexico was denied. he submitted it last sept and are just now finding this out. we did not use a lawyer. what is the next step we should take? it was denied on grounds that we did not prove enough extreme hardship.
Laurel: Send an email requesting a new interview.
la_brujita11: I married to a US citizen , no kids,How easy is the aproval of mi waiver entered ilegally.
Laurel: It depends on a lot of things, the most important of which is where you'll be filing. If you're going through Mexico, you're already off to a good start, BUT as you can tell from some of the messages on the forum - approval for a Mexican case is not a mere formality. Cases do get denied, especially for lack of evidence, and you need to prepare a good packet for your set of facts.
roxy21: where can we get that NOLO book from?
Laurel: Any major bookstore.
roxy21: my brother in law was caught here in houston, was detained for 1 or 2 months, never signed anything left to mexico, came back never left, has his appointment in october, can he be able to get a waiver, or even receive a visa that same day?
Laurel: Murky set of facts. Was he deported and then returned without inspection? Was he granted voluntary departure and then came back without inspection. If its the latter, had he been unlawfully present more than one year in the aggregate after age 18 and after 1997 before departing and returning without inspection?
roxy21: when you go to CDJ and go through the Pilot program, if your case is sent to backloc, how long will it take to get a response from CDJ?
Laurel: If your case is referred, they will say 10-12 months, but I'm predicting more like 6 months for newly referred cases. But processing times are unpredictable, so we'll see.
roxy21: i know someone that has been to CDJ once his wife has never entered the country, but did not get her visa because they asked the petitioner for more info on him. he never went back for medical reasons, received a new appointment, why would they want info on him?
Laurel: Sounds like they are either looking at real relationship or whether the petitioner is really a USC. Occasionally the plot thickens when its discovered that this is the 4th Mexican husband that petitioner has petitioned for.
Laurel: That doesn't necessarily mean that relationship or any of the prior relationships were fraudulent, but it does lead to a little more investigation.
laurafern11: This week an I2US member with an approved I-601 was denied a visa at their pick-up in CDJ after the consulate apparently just discovered he was ineligible to file a waiver in the first place due to 9(c). My question is, what happens when an applicant is caught omitting an entry? It sounds like he was told he could file again in three years. I woud imagine waiting out the 10-year ban is more realistic though. In any case, are you aware of them ever giving someone a lifetime ban for "lying" in the interview or omissions on the paperwork?
Laurel: Problems at the 2nd appointment are uncommon, but make a lot of waves. I have previously attempted to resolve a post-waiver problem when the alien at the second interview was accused of false claim of citizenship. I worked hard on that case, but it remains unresolved.
Arabonita: Do you know if it's true that now when you try to schedule your waiver appointment through CDJ pilot program infopass, that they ask your name and only issue you a waiver interview if you've already told you qualify for a waiver? some univision members have tried unsuccesfully to setup their appt within the 2 weeks prior to their 1st interview
Laurel: I know of appointments made very recently where the InfoPass appointment was set up before the consular interview, so for the moment, I'm going to dismiss the rumors as false. But I'll keep my radar out.
lizzy: My father submited I-130 for for my brother in June 1996, that is his priority date, he is 29 years old and married, my father is US citizen, therefore my brother is in the 3rd category waiting for a visa. When my father submited his I-130 my brother was is Mexico so his case was transfered to Ciudad Juarez for him to wait for his priority date, now my brother lives is San Diego, I know hi is protected by 245-i because his I-130 was submited before 2001 but we don't know what to do to apply for adjustment of status in United States instead of Mexican consulate, because his case is already in Ciudad Juarez.
Laurel: There's another requirement for 245i - you must have been continuously present in the US since December of 2000. And even if he qualifies, he also still needs to have a visa available to him and I think its taking 15 years for visas in that category. That's off the top of my head so be sure to check. Now if he marries a USC, he should be able to use the approved I-130 to grandfather in and adjust.
LOLA: Do you think that the first appointment's in Jarez are truly taking less than one year in Juarez?
Laurel: First appointments are still around a year. Rescheduled appointments following waiver denial are more like 3-4 months. I think first appointment times will shrink as the consulate just hired some more people.
maxa: hi laurel this its mi first time in the chat, my hubbywas punished on 2004 for drug use last oct.2006 his punishment ended and he was alloed to file waiver,do you hing the drug use in the past would still be an issue,and have an negative effect on the waiver
Laurel: Probably not, but as always, it depends on the facts of the case.
angela256z: I bought the new 2007 NOLO book on Fiance and Marriage visas. Yes you are right very informative. I mean they don't say much on the waiver, but it talks a little about K3 which is really what I wanted to learn more on. They also have the complete section on AOS. Thanks again
Laurel: There's not much out there on waivers. I did see a book - written for attorneys - at the AILA conference. I basically just glanced at it. What I read wasn't bad.
LOLA: What if its a second marriage only? Does the plot still thicken?
Laurel: It depends on what happened with the first marriage. Maybe. Maybe not.
Todd: someone mentioned a video earlier in this forum. Where can I find this?
Laurel: I'm working on it. I only put out a sample video for the moment so I could get feedback. I'm hoping to do a lot more video information in the next few weeks.
tcordoba: If you are denied due to 9(c) - multiple EWI- is there anything that can be done to get permission to file I601? Or is there no hope/ option, you have to wait the 10-years and cross your fingers?
Laurel: 10 years. We need a change in the law.
Laurel: Its noon. I'm about to close the chat for the week. A few more words about my case load ...
Laurel: As I said in the beginning of the chat, I've been debating whether to just take a few more cases and then stop taking cases for the rest of 2007. One of the things I'm trying to do is reorganize the way I do a lot of things so that I can cut out a lot of menial tasks and avoid a lot of repetition in explaining things. Here are some of the things I'm looking into ...
Laurel:
1. Outsourcing a lot of the forms work to Annie
2. Having a "client information section" on my website showing me explaining the whole process in video format so people can view the videos at their leisure instead of me having the same conversation several times a week and to avoid confusion
3. Having different email boxes and voicemail boxes for active clients, consultations, attorney consultations, reporters, and government officials
Laurel: One of the problems I'm facing is that the things I need to do to reorganize all take time to accomplish and its hard to make the time while I'm handling my caseload.
Laurel: So, I'll keep you informed. Have a good week. There will be no chat next week as its my B-day.
Laurel: One sec
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: Announcement: all the I-601 adjudicators (OICs and their staff) for the foreign CIS offices in the Western Hemisphere are in Panama City this week for training, so there is no waiver adjudication happening this week.
Laurel: My birthday is next Wednesday. If you want to send me something, Reggaeton concert tickets for Houston are appreciated.
Laurel: I'm still working out the kinks from my transition from a regular office to a virtual office. The reason its taking so long to work out the kinks is because in addition to all the details of moving, I have my cases to be handling. My case load is once again at capacity. I haven't posted anything on my website stating that I won't be taking more cases, but I have debated whether to just take four to eight more and stop taking new cases for the remainder of 2007. For the moment I am still taking new cases.
petal07: Hello Laurel..We will be leaving Sat to CDJ and I am trying to complete our applications. On Ds230 part 1 # 25 it asks..List dates of all previous visits to or residence in the United States... do we answer never..or do we list all the places we have lived eventhough it has that list on #20? Also on part 2 # 33a & 33B...regarding requesting a SSN do we have to put yes or can we put no if we want to directly go to the SSA office?
Laurel: For the SSN, you need to put 'yes' and that's really the best thing to do anyway. For entries and exits - has he never been to the US at all? If he has, you need to list all entries and exits, even if its just one entry and the location he visited (summarize), as opposed to the port of entry.
dduran: Good morning, checked out your video your a bit younger then what I thought. I liked the video looks like it would help others. Thank you..
Laurel: As I've got all the clients I can handle (if not more than I can handle) I'm really looking for ways to help more people without taking them on as clients. I'm hoping that by using video I'll be able to reach more people.
lindac80: my husband had a catch and release in 1992 when he was 17 years old, he went back to his town and came back in 1994 and has been here since, we have our app next week and i am confused on form ds-230 question 32- (have you ever been refused admission to the ua at a port of entry? what do you recomend? than you !
Laurel: A catch and release is a refusal of entry.
Gracie: If you're eligible for a V visa do you contact NVC or do the AUTOMATICALLY contact you?
Laurel: Have you already applied? It'd be pretty unusual for someone to be applying for a V visa at this point as that for spouse and kids of LPR who filed the I-130 before December of 2000 and the I-130 is still pending.
angela256z: If I sent in the I-130 in July and the I-129F in Sept and the I-130 gets approved and I decide to go that route can I just abandon the I-129F?
Laurel: sure
dduran: Happy Birthday & many more. How's the weather in Houston, haven't been there in years.
Laurel: Hot. It was a rainy summer, so June and July were cooler than usual - almost bearable - but August was a beast. The temps are coming down now, but ... still hot.
angela256z: Question for other member....If you are filling out the I-130 and it states had your relative ever been deported, and at this time they have not, but you know within the next 6 months he will what should you put? The spouse is currently detained and will most likely be deported at the end of the time.
Laurel: You reveal that he's in proceedings, but he hasn't been deported yet at the time the form is filed.
francis: My friend wants to spend money on the best lawyer !! I think she's wasting her time... She overstayed 13 years. Popped across to Mexico. Caught. Pretended she was citizen. Detained. Deported. Husband still in the USA (13 years overstay). No US ties. I said there's at least 10 year bar, maybe lifetime ? Would she be wasting money on lawyer?
Laurel: False claim of US citizenship. No waiver. Probably wasting her money on an attorney.
MAMACITA: Laurel,why is it so difficult to get any straight answers from the 202# or the Consulate @ CDJ, they are not opaque at all, and those of us sitting in the back log approaching 1 yr timeline are very frustrated as we, here I go again -have seen other's with less timelines getting approvals @ 8-9 months, this is so unfair and CDJ is giving out no answers,,,,did you ever inquire to why they are being processed out of order?
Laurel: The people on the phone at the 202# (DC) or the 900# (CDJ) or the CIS 800# are all looking at a short blurb on the computer regarding your case. If they answer you need is not in that blurb, they can't help you.
I think every week I say that I believe the cases are processed out of order because the workload has been split among several different offices and they are not all going at the same rate.
brei: hi.my cousin is an incest victim,entered in the us in b1 visa and overstayed for more than ayear for the same reason.and banned for 10 years.is she qualify to apply for waiver I-601?
Laurel: She still needs a qualifying relative for the waiver.
cokezero: I am waiting for my case to be transferred to CDJ. At what time would it be good to contact you to take our case?
Laurel: Immigrant visa or K3?
roxy21: I want to know what possibilities i have for my husband after my waiver was denied. i already scheduled a new appointment. but have not received an appointment yet. i received a response that i will get a new appointment within 6 months or less.
Laurel: Sounds like you're doing what needs to be done. Start preparing a better waiver packet in the next few months.
princess: entered illegally married USC...how long is it taking to get the first appointment to CDJ after the case is completed?
Laurel: After the immigrant visa case goes through NVC - about a year. After the K3 goes through NVC - two or three months, maybe less.
petal07: So on my original DS230 #25 we put never due to ignorance of the question. He has only 1 EWI...So on the new up-date I will list his entry...what should we do about the original mistake?
Laurel: This is in regard to visa pick-up? If you're post-waiver for unlawful presence, than its a non-issue as they already must have realized that in order to be unlawfully present in the US, he would have had to have entered at some point. Or is this a correction between NVC filing and 1rst interview? If its the latter, then just make the correction, hand it in and say its a correction. If you had listed US locations under the places he's lived, then obviously he entered at some point, so its no biggie.
2_be_me: Have you had any luck getting I-130 transfered (if completed) for K-3 interviews?
Laurel: Not in over two years.
la_brujita11: can you give some information about the infopass? I have my apointment in Oct 4 in ciudad Juarez mex. and I still don't have my second appointment. I been trying to get the appointment but I couldn't I don't know what to do.
Laurel: You can only make appointments no more than two weeks in advance and you shouldn't schedule your InfoPass appointment any earlier than October 6 (the 7th might be better), so you're more than two weeks away anyway.
roxy21: i have an appeal pending, i send in a doctor's letter about 5 months ago, will this help or should i just make a new appointment?
Laurel: For CDJ? Make a new appointment.
Laurel: Let me qualify that - in the vast majority of Juarez cases, a de novo filing is preferable to an appeal. If you're fighting a legal issue, an appeal might be appropriate.
lynn: My husband came in on a K-3 visa, the I-94 expires in Mar 2008. We have applied for AOS, which I do not think will be finished by the. Can we get an extension on the I-94(k-3 visa expires May 2009)? What do we do, so he doesn't have to go back to Mexico?
Laurel: If the I-485 is still pending when the K3 is expiring, you can get the K3 renewed and it would have to picked up at the consulate. If he doesn't want to travel, then he doesn't need it anyway as really the only reason to have a K3 when you have a pending I-485 is to make travel easier. The pending I-485 keeps him legal and is a basis for renewing an employment authorization document.
ke5fbh: where can I get a binder that clips at the top like you use
Laurel: Not a binder with clips ... binder clips. Go to Office Depot and ask for "binder clips".
angela256z: About how long does it take to get an FBI fingerprint check back?
Laurel: A couple of months.
MAMACITA: There is a person on the Juarez forum who has waited 15 mo's for her approval, she has been inquirying and finally got an email from CDJ telling her to come to the Consulate on the 28th of this month. No directives or packet received yet. She called Mr. B and he said to come on down, no medical needed, but could not provide her with any concrete answers and she still has no clue if her husband's waiver has been approved, what do you suggest,,,,,,,,long way to go for no answers? Maybe her file has been lost and they are going to give them the approved waiver? Should she attempt to try and email Warren?
Laurel: Something's obviously up and they want to talk to her husband in person. He should go to his appointment and see what's going on.
angela256z: I bought that NOLO book on Marriage visa. Thank you for letting me know you thought it was a good book. I wish I had it from day 1. Thanks. Happy Birthday!
Laurel: I don't think I've looked at that one in a while, but NOLO in general is reliable and informative.
Todd: my friend whom I plan to marry is an EWI. She has been in the US for 14 years with her three children. She has never been arrested or questioned about her status. When we marry, will she need to go back to Mexico and if so for how long?
Laurel: Assuming no one has ever filed an I-130, I-140 or Labor Certification application on her behalf in the past, then yes. After marriage, file I-130 then I-129F (I haven't tried filing simultaneously since the new procedure, but I might try that). When her K3 interview is scheduled, she needs to go to CDJ for the waiver. Having said that she needs to go, I should note that she's eligible for Cancellation of Removal, which is a request before an immigration judge to give you the green card without leaving the country, but then you have to prove Exceptional and Extremely Unusual Hardship to a qualifying relative. If she weren't Mexican, I might recommend Cancellation instead, but for her the waiver process is probably better. Be sure to consult with an attorney before leaving, just to really go over the facts of your case and make sure that the waiver process will be preferable to Cancellation for her set of facts.
dduran: A felony is automatice life bar, if he didn't pay his dues, happened 7 yrs ago. drug related.
Laurel: "drug related"? Most drug offenses are lifetime bars with no waiver, except one conviction for simple possession of marijuana. But occasionally and offense may seem "drug related", but not actually technically be a drug offense.
Lizarraga: What do you think I should do call them (uscis) or wait till they send me a letter its been one year waiting for the waiver THANK YOU
Laurel: I'd wait just a wee bit longer until the one-year mark. I am getting approvals on CDJ backlog cases pending around a year.
angela256z: If you have a client that is looking at doing a K3 do you also help them with the AOS once they are back in the US?
Laurel: If they want.
2_be_me: Have you ever seen a waiver approved based solely on the USC having to be their parents sole caregiver?
Laurel: Waiver for spouse of USC, based on USC being sole caregiver for his/her parents? Sure.
dduran: I put in a waiver but mine was only 1 page with additional 2-3 pages of proof. DHS rec'ved it 9-11-06. Do you think it's weak?
Laurel: I can't say its impossible to get an approval on that, but it does sound quite thin.
Arabonita: Hi Laurel, I want to thank you for all the help you give us here, thanks to your advise and of all the forums we were able to get my IR1 visa without having to pay for a lawyer. THANKS! for sharing the knoleadge
Laurel: I'm happy to help. Now, I should point out that I do not - repeat - do not recommend that anyone attempt the waiver process without an attorney. On the contrary, I always tell people that a waiver case is NECESSARILY a complex case and you should hire an attorney. Your spouse's immigration case is not a good place to save a few bucks. But, I know that for some people the expense is simply out of the question, not possible. I provide public information for those people and also because I find that the clients that are easiest to work with are the ones who understand their case and understand the process, even before approaching me. They are better able to participate in the representation, have the most reasonable expectations of what my role is, and we are able to spend less time explaining things and more time preparing the case.
chicken_nood_soup: good afternoon. i received notice this week that my husbands i601 waiver out of mexico was denied. he submitted it last sept and are just now finding this out. we did not use a lawyer. what is the next step we should take? it was denied on grounds that we did not prove enough extreme hardship.
Laurel: Send an email requesting a new interview.
la_brujita11: I married to a US citizen , no kids,How easy is the aproval of mi waiver entered ilegally.
Laurel: It depends on a lot of things, the most important of which is where you'll be filing. If you're going through Mexico, you're already off to a good start, BUT as you can tell from some of the messages on the forum - approval for a Mexican case is not a mere formality. Cases do get denied, especially for lack of evidence, and you need to prepare a good packet for your set of facts.
roxy21: where can we get that NOLO book from?
Laurel: Any major bookstore.
roxy21: my brother in law was caught here in houston, was detained for 1 or 2 months, never signed anything left to mexico, came back never left, has his appointment in october, can he be able to get a waiver, or even receive a visa that same day?
Laurel: Murky set of facts. Was he deported and then returned without inspection? Was he granted voluntary departure and then came back without inspection. If its the latter, had he been unlawfully present more than one year in the aggregate after age 18 and after 1997 before departing and returning without inspection?
roxy21: when you go to CDJ and go through the Pilot program, if your case is sent to backloc, how long will it take to get a response from CDJ?
Laurel: If your case is referred, they will say 10-12 months, but I'm predicting more like 6 months for newly referred cases. But processing times are unpredictable, so we'll see.
roxy21: i know someone that has been to CDJ once his wife has never entered the country, but did not get her visa because they asked the petitioner for more info on him. he never went back for medical reasons, received a new appointment, why would they want info on him?
Laurel: Sounds like they are either looking at real relationship or whether the petitioner is really a USC. Occasionally the plot thickens when its discovered that this is the 4th Mexican husband that petitioner has petitioned for.
Laurel: That doesn't necessarily mean that relationship or any of the prior relationships were fraudulent, but it does lead to a little more investigation.
laurafern11: This week an I2US member with an approved I-601 was denied a visa at their pick-up in CDJ after the consulate apparently just discovered he was ineligible to file a waiver in the first place due to 9(c). My question is, what happens when an applicant is caught omitting an entry? It sounds like he was told he could file again in three years. I woud imagine waiting out the 10-year ban is more realistic though. In any case, are you aware of them ever giving someone a lifetime ban for "lying" in the interview or omissions on the paperwork?
Laurel: Problems at the 2nd appointment are uncommon, but make a lot of waves. I have previously attempted to resolve a post-waiver problem when the alien at the second interview was accused of false claim of citizenship. I worked hard on that case, but it remains unresolved.
Arabonita: Do you know if it's true that now when you try to schedule your waiver appointment through CDJ pilot program infopass, that they ask your name and only issue you a waiver interview if you've already told you qualify for a waiver? some univision members have tried unsuccesfully to setup their appt within the 2 weeks prior to their 1st interview
Laurel: I know of appointments made very recently where the InfoPass appointment was set up before the consular interview, so for the moment, I'm going to dismiss the rumors as false. But I'll keep my radar out.
lizzy: My father submited I-130 for for my brother in June 1996, that is his priority date, he is 29 years old and married, my father is US citizen, therefore my brother is in the 3rd category waiting for a visa. When my father submited his I-130 my brother was is Mexico so his case was transfered to Ciudad Juarez for him to wait for his priority date, now my brother lives is San Diego, I know hi is protected by 245-i because his I-130 was submited before 2001 but we don't know what to do to apply for adjustment of status in United States instead of Mexican consulate, because his case is already in Ciudad Juarez.
Laurel: There's another requirement for 245i - you must have been continuously present in the US since December of 2000. And even if he qualifies, he also still needs to have a visa available to him and I think its taking 15 years for visas in that category. That's off the top of my head so be sure to check. Now if he marries a USC, he should be able to use the approved I-130 to grandfather in and adjust.
LOLA: Do you think that the first appointment's in Jarez are truly taking less than one year in Juarez?
Laurel: First appointments are still around a year. Rescheduled appointments following waiver denial are more like 3-4 months. I think first appointment times will shrink as the consulate just hired some more people.
maxa: hi laurel this its mi first time in the chat, my hubbywas punished on 2004 for drug use last oct.2006 his punishment ended and he was alloed to file waiver,do you hing the drug use in the past would still be an issue,and have an negative effect on the waiver
Laurel: Probably not, but as always, it depends on the facts of the case.
angela256z: I bought the new 2007 NOLO book on Fiance and Marriage visas. Yes you are right very informative. I mean they don't say much on the waiver, but it talks a little about K3 which is really what I wanted to learn more on. They also have the complete section on AOS. Thanks again
Laurel: There's not much out there on waivers. I did see a book - written for attorneys - at the AILA conference. I basically just glanced at it. What I read wasn't bad.
LOLA: What if its a second marriage only? Does the plot still thicken?
Laurel: It depends on what happened with the first marriage. Maybe. Maybe not.
Todd: someone mentioned a video earlier in this forum. Where can I find this?
Laurel: I'm working on it. I only put out a sample video for the moment so I could get feedback. I'm hoping to do a lot more video information in the next few weeks.
tcordoba: If you are denied due to 9(c) - multiple EWI- is there anything that can be done to get permission to file I601? Or is there no hope/ option, you have to wait the 10-years and cross your fingers?
Laurel: 10 years. We need a change in the law.
Laurel: Its noon. I'm about to close the chat for the week. A few more words about my case load ...
Laurel: As I said in the beginning of the chat, I've been debating whether to just take a few more cases and then stop taking cases for the rest of 2007. One of the things I'm trying to do is reorganize the way I do a lot of things so that I can cut out a lot of menial tasks and avoid a lot of repetition in explaining things. Here are some of the things I'm looking into ...
Laurel:
1. Outsourcing a lot of the forms work to Annie
2. Having a "client information section" on my website showing me explaining the whole process in video format so people can view the videos at their leisure instead of me having the same conversation several times a week and to avoid confusion
3. Having different email boxes and voicemail boxes for active clients, consultations, attorney consultations, reporters, and government officials
Laurel: One of the problems I'm facing is that the things I need to do to reorganize all take time to accomplish and its hard to make the time while I'm handling my caseload.
Laurel: So, I'll keep you informed. Have a good week. There will be no chat next week as its my B-day.