Laura
10-03-2007, 04:11 PM
Laurel: Good morning!
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: I asked Warren what time of day the InfoPass appointments normally become available and he said what I expected him to say: there is no particular time. New appointments can open up at any point throughout the day. He didn't elaborate, but I think he (or his staff) have to tell the computer to open the appointments, so the new ones would only open up during regular business hours in the CDJ timezone. So no point in staying up until midnight or getting up at 5 am.
JorgeM.: Good morning laurel I hope you had a wonderful birthday. Question: I had my first interview on march 6 2006 and my waiver was denied because my HSL wasn’t done correctly, I own a home and I have plenty of evidence that I have been married with a USC since 2002, I don’t have any criminal records and I been in the U.S most of my life, When I was in the U.S I was a good resident. Now I have a new interview on the 25 of this year and I want immigration to know that this interview is my second one do they know? Or do we tell them? now for my infopass interview do I tell them that I have schedule an appointment or do they tell us if we are eligible?
Laurel: They will know its your second interview. You need to schedule your own InfoPass appointment. As for your waiver packet, you need to focus on the hardship to the USC not on what a good person you are.
laurafern1: I've got a bunch today
laurafern1: FROM Anon: On the I-485 application it asks for court records and for convictions you must show proof that you have completed your sentence and any probation. My husband has a misdo conviction from 1997 and was sentenced to 10 days work release and two years informal court probation (meaning no probation officer). There is no record at the courthouse that he ever completed his work release...they said that type of record doesn't exist and that there would only be a record if he did NOT complete it (like a bench warrant). They refused to write a letter stating he had completed his sentence (the jail also said they didn't have the record). Should we just send the certified copy that the court gave us that shows the original ticket and sentencing report? Are we going to get an RFE?
Laurel: Just send what you have with an affidavit stating that you asked for proof of completion of probation, but none was provided.
mmartinez: good morning Lurel.. .question... my aunt is going to send me the forms I864 and I864a from milwaukee I wll use both of their income to sponsor my husband... so they have filled them out and notarized them...
Laurel: You are no longer required to have the I-864 notarized. Remember, the petitioner must always be a sponsor, so even if you have no income you have to do an I-864.
roxy21: about this new law, that you have to renew your residence card. what if that person was in jail for steeling at her job, she has never had anything else on her record jsut this, will she be able to renew it with no problem?
Laurel: Whether its a "new" law depends on how you look at it. The law came into existence before I started practicing. I don't know whether the criminal record would make her deportable or not without more infomation, but if it does, then yes this could be a problem when she goes to renew.
La_Azteca_Latina: even someone is married to a US citizen and they have been here longer 1yr they leave or reenter automatically its a 10 yr ban. they dont have any kind of criminal background.can they apply for any kinda of waiver to be forgiven for that. or are there any options to person in this situation.
Laurel: If the person is unlawfully present more than a year after 1997, leaves and returns without inspection, its a ten-year bar without a waiver under INA 212a9c. Even if you're married to a citizen.
janet: my husband was in the US for 1yr 1/2 and then left to mexico voluntarily and has been over there since 05' well in august of 06' he tried to come back illegally and he got caught and was taken to their jail he said that they asked if he was willing to go to court to testify against the guy that was bringing him and he did but he said that he did not see the judge and did not receive any kind of paperwork. He tried again and did come in with no inspection and he has been here in the dark. Now his appt is schedule for November in CDJ and we wanted to know will he get the 10 yr bar punishment he is mexican and i am a us citizen and we have a daughter. Do you think him testifiying will help him or should we just wait and hope the laws change. or will he be able to file I-212 or a waiver???
Laurel: Sounds like INA 212a9c. I don't think they will cut him any slack for his prior willingness to testify, especially since he subsequently returned without inspection.
mmartinez: OK my aunte notarized the forms I864 and I864a for me and sent them to me.. the question is .. is there going to be aproblem since I was told they do not need to be notarized... they have already sent them to me...I will use both of their incomes .....
Laurel: Well, its not bad if you did have then notarized. Its just not necessary.
laurafern1: Another unusual scenario: Why does CDJ sometimes wait until a waiver has been pending a long while, then (sometimes) approve it, only to deny the person their visa in CDJ? Here's what happened : "My husbands visa was denied....He didn´t even qualify for the waiver in the first place!! Apparently when he had his DUI back in 2000 he signed a document where he stated he was a US citizen! Ya´ll know what that means."
This couple waited 15 months and never got a notice. They called CDJ and talked to Mr. B, he told them to come on down, no medical needed and then they called DHS and was told their file was back at the consulate and didn't know the outcome, once they arrived on the 28th at the window were verbally told they were ineligible for the waiver cause he perjured himself by declaring to be US citizen,,,he didn't even remember signing anything during his dui arrest. How unfair is that no notice when in essence they could have mailed them a denial and they didn't have to make a very long trip after 15 months for nothing!
Others have had their I-601 waiver approved, only to get denied their visa because on the second round of fingerprints there is detection of a catch and release that made them 9(c) ineligible. Thoughts? Comments?
Laurel: Usually this happens if the first consular officer made an error and the second consular officer does not. When the waiver is being adjudicated, the CIS officer won't necessarily be looking at grounds of inadmissibility that the consular officer has missed. Sometimes they do, but really that's not the duty that's been delegated to them. They are only supposed to adjudicate the waiver, not look for grounds of inadmissibility. As for a consular officer accusing someone of confessing to something the applicant says he never confessed to, that's another matter altogether. I think its a civil right issue. In criminal cases there are all kinds of rules and regulations regarding confessions but in immigration cases there are no such rules and if a consular officer says you confessed to something, you have no recourse.
LOLA: If a resident wants to petiton his out of status wife, what is the wait for a residence vs. a citizen for a family petition?
Laurel: It takes around five years for a visa to become available for the spouse of a permanent resident, but more importantly, while the spouse of a citizen can adjust status after having gone out of status, the spouse of a permanent resident cannot. The petitioning permanent resident will have to naturalize before he/she can adjust his wife's status without leaving the country.
sdeb: Hi Laurel, my husband's waiver was denied in sep07 and I requested the second interview de novo 601. His k-3 case was closed but his I-130 remains open. When this interview takes place will it be for his I-130 and what should I expect at the interview? Do I do the HSL as if I never put one in? This time I have everything. I wasn't there for the first one. I just want to be ready this time.
Laurel: Why did they close the K3 case? Because the immigrant visa case is ready for processing? Is this new interview for an immigrant visa? Well, that's going to be better in the long run anyway if you're already to that point. Yes, you do a completely new waiver as if one hadn't been done before EXCEPT you don't want to do anything to contradict claims made in the first one and if you were accused of any kind of fraud in the first waiver, that must be addressed in this new one.
laurafern1: Unusual scenario: Mr. Lily was living in the U.S. on a "V" visa (dad was an LPR) since 2000 (at that time he was 15 years old). Apparently, dad didn't file for his citizenship until after Mr. Lily was 21, at which time his V visa was still good for entries into the U.S., but no longer good for living in the U.S. Despite this, Mr. Lily basically lived in the U.S. for two years after his 21st birthday. He would exit the U.S. every 5 or 6 days and re-enter with the still-valid-for-entry visa. After two years, he was questioned at the border and admitted he was in school in the U.S. They took away his V visa, called it a denied entry and he's been in Mexico since. He's since married his USC girlfriend, but they are wondering if he will need a waiver when they get to that point. Will his "living in the U.S." for those two years be considered unlawful, triggering the need for a waiver when he goes to CDJ?
Laurel: Tough one. I don't do much with the V visas, so I'm not 100% clear on the rules. He might need a waiver. I'd have to research. But one thing I can comment on - he's not going to have a 9C problem as each entry was with inspection.
Jenny: My fiance is EWI from Guatemala so I know I need a hardship waiver. I am a Veternal and I am 60% disabled through the military. I also have a claim pending through the VA for PTSD due to sexual trauma that I have been fighting for over 4 years. I cannot move to Guatemala for this reason, I might also lose my disability if I was to move there. When writing my letter do I touch on the subject of my disability as well as my claim or just my disability? What subject would I categorize my claim?
Laurel: Its hard for me to say what all needs to go into your waiver packet without reviewing the entire case because everything fits together to make one cohesive case. If I have 3 very strong arguments and 2 medium arguments, I might not use the medium ones at all, but if I have one strong ones and 2 medium ones, then I will include the medicum ones. So, it all depends. But it sounds like you might be wanting to include the arguments you mentioned. You don't need to "categorize" your claim. I know you're using that suggestion sheet from CIS where they mention Matter of Ngai. Your waiver packet doesn't need to follow those categories. Its just suggestions.
(OH NO! I had to leave my desk for about 30 minutes and now I can't scroll up to get all the parts I missed. Sorry guys - if anyone copied it, let me know and I will add it in between!)
roxy21: Do you know how long they are taking to schedule appointmnets. I requested a new appointment in September, This will be my second interview because my first waiver was denied.
Laurel: Probably four to five months from the date you first make the request. This estimate is subject to change without notice.
LOLA: Hi Laurel,
Laurel: Hi
Susan12: If you have a lot of "weak" arguements for your HSL, is it too much of a risk to go through with the waiver? I don't have any medical problems, I don't take care of any relatives, etc.
Laurel: A lot depends on where you're filing. You can also have a case with other mitigating factors. For example, if the alien entered the US as a young child, has no criminal history, has a long marriage to the US petitioner, and they have several children together, the level of hardship you have to show might not be as high as someone who entered as an adult and has no children with his/her newlywed spouse. So, it all depends.
Laurel: The most important thing is the hardship, but other factors are considered.
0113: BACKLOG INFO PLEASE!!!!!
Laurel: No new updates today. Sorry.
JorgeM.: Thank you laurel, and yes you are right.
Laurel: Well, that goes without saying, doesn't it?
MAMACITA: Laurel, I feel somewhat like we have been let down per the prior announcements from Warren & Oscar. We all were under the impression that Aug/Sept waiver cases were all completed and just not mailed, and this has proved to not be the case. Also it seems like it is taking much more time for those of us in Oct/Nov to get our approvals and we are all approaching the 1 yr benchmark, when we all thought about 3-4 months ago that with the extra help CDJ was getting and the other Consulates were helping out we would have seen much speedier progress than it now stands; any info on this scenario?
Laurel: I'm sorry you feel let down. These are good guys genuinely trying to do things quickly and fairly. But I know it doesn't diminish your family's suffering for me to say that. I will post any new information as I learn it.
0113: My mother has a non-expiring greencard,does she have to renew it now?
Laurel: Yes. Or ... she could naturalize.
angela256z: When you are 90 days out from renewing your condional green card and you file the I751 (maybe wrong number) is there anything else that needs to be done after that to make sure that you get your green card renewed or is that the only application that needs to be done?
Laurel: With the I-751 you need to submit additional evidence of real marriage (e.g. birth certificates of children in common, evidence of comingling of funds, etc.) but after you do that, there's nothing else that needs to be done, no. Once its received, the receipt notice for the I-751 will state that you remain in status after the expiration date on your green card, while the I-751 is pending. You can show that notice to any employer if there is an issue.
sdeb: Is it necessary to notarize anything in your HSL?
Laurel: If you ask any OIC they will probably say 'no'. But there are occasionally times when I get stuff notarized. Usually I would do that if it is hard to believe that the person signing the letter would make those statements. For example, if you're arguing that you need the new spouse in the US to protect the USC wife from her former spouse who has a history of violence. If you were to get a letter from the ex-spouse's mother stating that her son is dangerous and the new spouse needs to be here to protect the wife and children, I might get that notarized as its hard to believe that a woman would make that kind of statement that could be very damaging to her son in any kind of custody battle.
fuji: hi laurel, my Girlfiend in Texas has petitioned me for a K1 visa. I was convicted of drunk driving in Ireland in June 2002. I moved to Texas and got DWI in Dec2002. (Made a few stupid decision over a 6 month peroid). Anyhow no trouble since, just wondering will the DWI in Ireland and Texas effect me w.r.t obtaining a K1 visa?. No one was injured in both cases... thanks in advance Fuji
Laurel: Right now DWIs are not considered crimes of moral turpitude (one of the very, very few times I think immigration law is too lenient, by the way) so it won't make you inadmissible. But it does raise the issue of whether you have an alcohol problem. Now, its been more than three years since the last event, so it probably won't be a problem. But if there were to be an issue with it, that would be the most likely issue. Also, you will need to be sure to supply all the records.
Chavez: Hi laurel, I had a driver license when I was in the United states but I had a ticket that I never paid, the ticket was because I parked rong, but I never received the a letter from the police or anything like that do you think this would affect me at my interview or do they get the information from the DMV or what happend when you have a problem like this one??
Laurel: Its not a criminal offense, but you need to make sure its paid an taken care of because its possible that there's an outstanding warrant for your arrest and THAT would be a problem. Just get it taken care of.
jasonb: My wife's I-601 wavier was denied. Is it best to appeal the case or to ask for a new interview date?
Laurel: It depends on where it was denied, what the reason for denial was, and how well you had previously prepared the packet. If its denied on a legal technicality, you might want to appeal. If its denied for lack of evidence and you had only previoulsy submitted 2-3 pages, you'll want to do a new interview and hand in a real waiver packet.
LOLA: so a resident cannot petiton his or her wife, if he or she is only a resident?
Laurel: A permanent resident can petition for his/her spouse, but the spouse of a permanent resident is not eligible to adjust status after having gone out of status. You would get an approved I-130 and a denied I-485.
fuji: got disconnected, do I need to re submitt Q? fuji
Laurel: Just look at the transcript on Immigrate2us.net later on.
sdeb: They said since its been so long they purged the k-3 interview because he was illegally in the U.S. The I-130 hasn't been touched. He put in the waiver March 06 and was denied sept 07 due to illegal precense. I request the de novo interview. THey said the waiver was being used towards his I-130. Do I wait for the de novo or am I doing the I-130 then processing a new waiver? I am confused. He had an interview for 10/10/07 for the I-130, I never received the packet and since the denial, they say there is no interview. Thank you for all your help.
Laurel: I don't understand why they cancelled your 10/10/07 interview. Something is weird. I don't know whether you're confused or they are.
cm21om25: I have a DS-230 I had my husband fill oyut while I was down visiting him, the only problem is I had gotten it off of the Juarez website and it had expired in 2004. Does he have to fill out an updated form the one from the Travel.lstate.gov?
Laurel: If the consulate still has the old version posted on their website, you can use the version they have posted.
LOLA: can you tell us what exactly moral turpitude is? and what what type of crimes are just not forgiven in Juarez?
Laurel: Can I tell you exactly what moral turpitude is? LOL. No, I cannot. But for immigration purposes nearly everything is a crime of moral turpitude to the point where the term loses its meaning. It just so happends that for reasons unknown to me, a DWI is one of the few things that isn't.
Jenny: Thank you so much. I just want to get my ducks in a row. IBMuseum on immigrate2us told me not to talk about my disabilty or benefits, which didn't make sense to me because I thought that was a big part of my HSL.
Laurel: It really just depends on the facts of the case.
LOLA: What if you have your aunt that has three children take care of your children and you basically pay her cash every month but she has been taking care of your kids since they were babies, shes also a single mother and truly depends on the money you give her......she cannot work because she fell and hurt her back years back?
Laurel: Use a copy of her tax return showing that she's getting babysitting money and then state that you're the one who pays her.
Laurel: Its after noon. I've got a big list of questions waiting. I'll just take one or two more.
cm21om25: Also on the fees webpage, you stated a money back guarantee for certain cases, was that to be guaranteed they would be approved by the Pilot program?
Laurel: No, its about ultimate approval, not necessarily Pilot Program approval.
dduran: Hi Laurel, My waiver was recv'd 9-06. My husband was ban 1 yr or more, if my hsl is weak, would that mean we should hear something with in another year cuz of (or more)
Laurel: There is no "one year ban".
SUSSY: hI LAUREL I come in 2000 illegally and I was caugth 2 times finger print picture I tried againg and I did come merry to a american since 2001. I have i 130 aproved, but belive or not our lawyer send the 1-485 we did not knoe much about form INS send the forms back because i was not eligible and say I have to file i 824 o something like that all this was wrong and we just waist money you thin we can do something about it. thanks
Laurel: Get a new lawyer.
Laurel: Ok, guys. I'm going to take off. I'll see you all next week! I've been putting information videos up on You Tube: http://www.youtube.com/user/LaurelScott
Be sure to visit it and look for new informational videos. Don't laugh at my Spanish.
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: I asked Warren what time of day the InfoPass appointments normally become available and he said what I expected him to say: there is no particular time. New appointments can open up at any point throughout the day. He didn't elaborate, but I think he (or his staff) have to tell the computer to open the appointments, so the new ones would only open up during regular business hours in the CDJ timezone. So no point in staying up until midnight or getting up at 5 am.
JorgeM.: Good morning laurel I hope you had a wonderful birthday. Question: I had my first interview on march 6 2006 and my waiver was denied because my HSL wasn’t done correctly, I own a home and I have plenty of evidence that I have been married with a USC since 2002, I don’t have any criminal records and I been in the U.S most of my life, When I was in the U.S I was a good resident. Now I have a new interview on the 25 of this year and I want immigration to know that this interview is my second one do they know? Or do we tell them? now for my infopass interview do I tell them that I have schedule an appointment or do they tell us if we are eligible?
Laurel: They will know its your second interview. You need to schedule your own InfoPass appointment. As for your waiver packet, you need to focus on the hardship to the USC not on what a good person you are.
laurafern1: I've got a bunch today
laurafern1: FROM Anon: On the I-485 application it asks for court records and for convictions you must show proof that you have completed your sentence and any probation. My husband has a misdo conviction from 1997 and was sentenced to 10 days work release and two years informal court probation (meaning no probation officer). There is no record at the courthouse that he ever completed his work release...they said that type of record doesn't exist and that there would only be a record if he did NOT complete it (like a bench warrant). They refused to write a letter stating he had completed his sentence (the jail also said they didn't have the record). Should we just send the certified copy that the court gave us that shows the original ticket and sentencing report? Are we going to get an RFE?
Laurel: Just send what you have with an affidavit stating that you asked for proof of completion of probation, but none was provided.
mmartinez: good morning Lurel.. .question... my aunt is going to send me the forms I864 and I864a from milwaukee I wll use both of their income to sponsor my husband... so they have filled them out and notarized them...
Laurel: You are no longer required to have the I-864 notarized. Remember, the petitioner must always be a sponsor, so even if you have no income you have to do an I-864.
roxy21: about this new law, that you have to renew your residence card. what if that person was in jail for steeling at her job, she has never had anything else on her record jsut this, will she be able to renew it with no problem?
Laurel: Whether its a "new" law depends on how you look at it. The law came into existence before I started practicing. I don't know whether the criminal record would make her deportable or not without more infomation, but if it does, then yes this could be a problem when she goes to renew.
La_Azteca_Latina: even someone is married to a US citizen and they have been here longer 1yr they leave or reenter automatically its a 10 yr ban. they dont have any kind of criminal background.can they apply for any kinda of waiver to be forgiven for that. or are there any options to person in this situation.
Laurel: If the person is unlawfully present more than a year after 1997, leaves and returns without inspection, its a ten-year bar without a waiver under INA 212a9c. Even if you're married to a citizen.
janet: my husband was in the US for 1yr 1/2 and then left to mexico voluntarily and has been over there since 05' well in august of 06' he tried to come back illegally and he got caught and was taken to their jail he said that they asked if he was willing to go to court to testify against the guy that was bringing him and he did but he said that he did not see the judge and did not receive any kind of paperwork. He tried again and did come in with no inspection and he has been here in the dark. Now his appt is schedule for November in CDJ and we wanted to know will he get the 10 yr bar punishment he is mexican and i am a us citizen and we have a daughter. Do you think him testifiying will help him or should we just wait and hope the laws change. or will he be able to file I-212 or a waiver???
Laurel: Sounds like INA 212a9c. I don't think they will cut him any slack for his prior willingness to testify, especially since he subsequently returned without inspection.
mmartinez: OK my aunte notarized the forms I864 and I864a for me and sent them to me.. the question is .. is there going to be aproblem since I was told they do not need to be notarized... they have already sent them to me...I will use both of their incomes .....
Laurel: Well, its not bad if you did have then notarized. Its just not necessary.
laurafern1: Another unusual scenario: Why does CDJ sometimes wait until a waiver has been pending a long while, then (sometimes) approve it, only to deny the person their visa in CDJ? Here's what happened : "My husbands visa was denied....He didn´t even qualify for the waiver in the first place!! Apparently when he had his DUI back in 2000 he signed a document where he stated he was a US citizen! Ya´ll know what that means."
This couple waited 15 months and never got a notice. They called CDJ and talked to Mr. B, he told them to come on down, no medical needed and then they called DHS and was told their file was back at the consulate and didn't know the outcome, once they arrived on the 28th at the window were verbally told they were ineligible for the waiver cause he perjured himself by declaring to be US citizen,,,he didn't even remember signing anything during his dui arrest. How unfair is that no notice when in essence they could have mailed them a denial and they didn't have to make a very long trip after 15 months for nothing!
Others have had their I-601 waiver approved, only to get denied their visa because on the second round of fingerprints there is detection of a catch and release that made them 9(c) ineligible. Thoughts? Comments?
Laurel: Usually this happens if the first consular officer made an error and the second consular officer does not. When the waiver is being adjudicated, the CIS officer won't necessarily be looking at grounds of inadmissibility that the consular officer has missed. Sometimes they do, but really that's not the duty that's been delegated to them. They are only supposed to adjudicate the waiver, not look for grounds of inadmissibility. As for a consular officer accusing someone of confessing to something the applicant says he never confessed to, that's another matter altogether. I think its a civil right issue. In criminal cases there are all kinds of rules and regulations regarding confessions but in immigration cases there are no such rules and if a consular officer says you confessed to something, you have no recourse.
LOLA: If a resident wants to petiton his out of status wife, what is the wait for a residence vs. a citizen for a family petition?
Laurel: It takes around five years for a visa to become available for the spouse of a permanent resident, but more importantly, while the spouse of a citizen can adjust status after having gone out of status, the spouse of a permanent resident cannot. The petitioning permanent resident will have to naturalize before he/she can adjust his wife's status without leaving the country.
sdeb: Hi Laurel, my husband's waiver was denied in sep07 and I requested the second interview de novo 601. His k-3 case was closed but his I-130 remains open. When this interview takes place will it be for his I-130 and what should I expect at the interview? Do I do the HSL as if I never put one in? This time I have everything. I wasn't there for the first one. I just want to be ready this time.
Laurel: Why did they close the K3 case? Because the immigrant visa case is ready for processing? Is this new interview for an immigrant visa? Well, that's going to be better in the long run anyway if you're already to that point. Yes, you do a completely new waiver as if one hadn't been done before EXCEPT you don't want to do anything to contradict claims made in the first one and if you were accused of any kind of fraud in the first waiver, that must be addressed in this new one.
laurafern1: Unusual scenario: Mr. Lily was living in the U.S. on a "V" visa (dad was an LPR) since 2000 (at that time he was 15 years old). Apparently, dad didn't file for his citizenship until after Mr. Lily was 21, at which time his V visa was still good for entries into the U.S., but no longer good for living in the U.S. Despite this, Mr. Lily basically lived in the U.S. for two years after his 21st birthday. He would exit the U.S. every 5 or 6 days and re-enter with the still-valid-for-entry visa. After two years, he was questioned at the border and admitted he was in school in the U.S. They took away his V visa, called it a denied entry and he's been in Mexico since. He's since married his USC girlfriend, but they are wondering if he will need a waiver when they get to that point. Will his "living in the U.S." for those two years be considered unlawful, triggering the need for a waiver when he goes to CDJ?
Laurel: Tough one. I don't do much with the V visas, so I'm not 100% clear on the rules. He might need a waiver. I'd have to research. But one thing I can comment on - he's not going to have a 9C problem as each entry was with inspection.
Jenny: My fiance is EWI from Guatemala so I know I need a hardship waiver. I am a Veternal and I am 60% disabled through the military. I also have a claim pending through the VA for PTSD due to sexual trauma that I have been fighting for over 4 years. I cannot move to Guatemala for this reason, I might also lose my disability if I was to move there. When writing my letter do I touch on the subject of my disability as well as my claim or just my disability? What subject would I categorize my claim?
Laurel: Its hard for me to say what all needs to go into your waiver packet without reviewing the entire case because everything fits together to make one cohesive case. If I have 3 very strong arguments and 2 medium arguments, I might not use the medium ones at all, but if I have one strong ones and 2 medium ones, then I will include the medicum ones. So, it all depends. But it sounds like you might be wanting to include the arguments you mentioned. You don't need to "categorize" your claim. I know you're using that suggestion sheet from CIS where they mention Matter of Ngai. Your waiver packet doesn't need to follow those categories. Its just suggestions.
(OH NO! I had to leave my desk for about 30 minutes and now I can't scroll up to get all the parts I missed. Sorry guys - if anyone copied it, let me know and I will add it in between!)
roxy21: Do you know how long they are taking to schedule appointmnets. I requested a new appointment in September, This will be my second interview because my first waiver was denied.
Laurel: Probably four to five months from the date you first make the request. This estimate is subject to change without notice.
LOLA: Hi Laurel,
Laurel: Hi
Susan12: If you have a lot of "weak" arguements for your HSL, is it too much of a risk to go through with the waiver? I don't have any medical problems, I don't take care of any relatives, etc.
Laurel: A lot depends on where you're filing. You can also have a case with other mitigating factors. For example, if the alien entered the US as a young child, has no criminal history, has a long marriage to the US petitioner, and they have several children together, the level of hardship you have to show might not be as high as someone who entered as an adult and has no children with his/her newlywed spouse. So, it all depends.
Laurel: The most important thing is the hardship, but other factors are considered.
0113: BACKLOG INFO PLEASE!!!!!
Laurel: No new updates today. Sorry.
JorgeM.: Thank you laurel, and yes you are right.
Laurel: Well, that goes without saying, doesn't it?
MAMACITA: Laurel, I feel somewhat like we have been let down per the prior announcements from Warren & Oscar. We all were under the impression that Aug/Sept waiver cases were all completed and just not mailed, and this has proved to not be the case. Also it seems like it is taking much more time for those of us in Oct/Nov to get our approvals and we are all approaching the 1 yr benchmark, when we all thought about 3-4 months ago that with the extra help CDJ was getting and the other Consulates were helping out we would have seen much speedier progress than it now stands; any info on this scenario?
Laurel: I'm sorry you feel let down. These are good guys genuinely trying to do things quickly and fairly. But I know it doesn't diminish your family's suffering for me to say that. I will post any new information as I learn it.
0113: My mother has a non-expiring greencard,does she have to renew it now?
Laurel: Yes. Or ... she could naturalize.
angela256z: When you are 90 days out from renewing your condional green card and you file the I751 (maybe wrong number) is there anything else that needs to be done after that to make sure that you get your green card renewed or is that the only application that needs to be done?
Laurel: With the I-751 you need to submit additional evidence of real marriage (e.g. birth certificates of children in common, evidence of comingling of funds, etc.) but after you do that, there's nothing else that needs to be done, no. Once its received, the receipt notice for the I-751 will state that you remain in status after the expiration date on your green card, while the I-751 is pending. You can show that notice to any employer if there is an issue.
sdeb: Is it necessary to notarize anything in your HSL?
Laurel: If you ask any OIC they will probably say 'no'. But there are occasionally times when I get stuff notarized. Usually I would do that if it is hard to believe that the person signing the letter would make those statements. For example, if you're arguing that you need the new spouse in the US to protect the USC wife from her former spouse who has a history of violence. If you were to get a letter from the ex-spouse's mother stating that her son is dangerous and the new spouse needs to be here to protect the wife and children, I might get that notarized as its hard to believe that a woman would make that kind of statement that could be very damaging to her son in any kind of custody battle.
fuji: hi laurel, my Girlfiend in Texas has petitioned me for a K1 visa. I was convicted of drunk driving in Ireland in June 2002. I moved to Texas and got DWI in Dec2002. (Made a few stupid decision over a 6 month peroid). Anyhow no trouble since, just wondering will the DWI in Ireland and Texas effect me w.r.t obtaining a K1 visa?. No one was injured in both cases... thanks in advance Fuji
Laurel: Right now DWIs are not considered crimes of moral turpitude (one of the very, very few times I think immigration law is too lenient, by the way) so it won't make you inadmissible. But it does raise the issue of whether you have an alcohol problem. Now, its been more than three years since the last event, so it probably won't be a problem. But if there were to be an issue with it, that would be the most likely issue. Also, you will need to be sure to supply all the records.
Chavez: Hi laurel, I had a driver license when I was in the United states but I had a ticket that I never paid, the ticket was because I parked rong, but I never received the a letter from the police or anything like that do you think this would affect me at my interview or do they get the information from the DMV or what happend when you have a problem like this one??
Laurel: Its not a criminal offense, but you need to make sure its paid an taken care of because its possible that there's an outstanding warrant for your arrest and THAT would be a problem. Just get it taken care of.
jasonb: My wife's I-601 wavier was denied. Is it best to appeal the case or to ask for a new interview date?
Laurel: It depends on where it was denied, what the reason for denial was, and how well you had previously prepared the packet. If its denied on a legal technicality, you might want to appeal. If its denied for lack of evidence and you had only previoulsy submitted 2-3 pages, you'll want to do a new interview and hand in a real waiver packet.
LOLA: so a resident cannot petiton his or her wife, if he or she is only a resident?
Laurel: A permanent resident can petition for his/her spouse, but the spouse of a permanent resident is not eligible to adjust status after having gone out of status. You would get an approved I-130 and a denied I-485.
fuji: got disconnected, do I need to re submitt Q? fuji
Laurel: Just look at the transcript on Immigrate2us.net later on.
sdeb: They said since its been so long they purged the k-3 interview because he was illegally in the U.S. The I-130 hasn't been touched. He put in the waiver March 06 and was denied sept 07 due to illegal precense. I request the de novo interview. THey said the waiver was being used towards his I-130. Do I wait for the de novo or am I doing the I-130 then processing a new waiver? I am confused. He had an interview for 10/10/07 for the I-130, I never received the packet and since the denial, they say there is no interview. Thank you for all your help.
Laurel: I don't understand why they cancelled your 10/10/07 interview. Something is weird. I don't know whether you're confused or they are.
cm21om25: I have a DS-230 I had my husband fill oyut while I was down visiting him, the only problem is I had gotten it off of the Juarez website and it had expired in 2004. Does he have to fill out an updated form the one from the Travel.lstate.gov?
Laurel: If the consulate still has the old version posted on their website, you can use the version they have posted.
LOLA: can you tell us what exactly moral turpitude is? and what what type of crimes are just not forgiven in Juarez?
Laurel: Can I tell you exactly what moral turpitude is? LOL. No, I cannot. But for immigration purposes nearly everything is a crime of moral turpitude to the point where the term loses its meaning. It just so happends that for reasons unknown to me, a DWI is one of the few things that isn't.
Jenny: Thank you so much. I just want to get my ducks in a row. IBMuseum on immigrate2us told me not to talk about my disabilty or benefits, which didn't make sense to me because I thought that was a big part of my HSL.
Laurel: It really just depends on the facts of the case.
LOLA: What if you have your aunt that has three children take care of your children and you basically pay her cash every month but she has been taking care of your kids since they were babies, shes also a single mother and truly depends on the money you give her......she cannot work because she fell and hurt her back years back?
Laurel: Use a copy of her tax return showing that she's getting babysitting money and then state that you're the one who pays her.
Laurel: Its after noon. I've got a big list of questions waiting. I'll just take one or two more.
cm21om25: Also on the fees webpage, you stated a money back guarantee for certain cases, was that to be guaranteed they would be approved by the Pilot program?
Laurel: No, its about ultimate approval, not necessarily Pilot Program approval.
dduran: Hi Laurel, My waiver was recv'd 9-06. My husband was ban 1 yr or more, if my hsl is weak, would that mean we should hear something with in another year cuz of (or more)
Laurel: There is no "one year ban".
SUSSY: hI LAUREL I come in 2000 illegally and I was caugth 2 times finger print picture I tried againg and I did come merry to a american since 2001. I have i 130 aproved, but belive or not our lawyer send the 1-485 we did not knoe much about form INS send the forms back because i was not eligible and say I have to file i 824 o something like that all this was wrong and we just waist money you thin we can do something about it. thanks
Laurel: Get a new lawyer.
Laurel: Ok, guys. I'm going to take off. I'll see you all next week! I've been putting information videos up on You Tube: http://www.youtube.com/user/LaurelScott
Be sure to visit it and look for new informational videos. Don't laugh at my Spanish.