Laura
10-10-2007, 04:26 PM
Laurel: Hello everyone. I’m here. First, some preliminaries. What I state in this chat does not constitute legal advice as I have not had the opportunity to review your case. Participation in the chat does not create an attorney-client relationship.
Laurel: When you type to the chat, I can view what you’ve written, but it will only be visible to everyone in the main window if I post it. I will not have the opportunity to answer every question. I prefer not to answer questions I’ve already answered, when asked by someone else.
Laurel: I don't have any new info on the backlog at this time. I've emailed Oscar Lujan to ask if any new policy decisions came out of the weeklong training session that took place in Panama City in September. But I do not yet have a reply.
cm21om25: On the interview for the K3 visa, if an I-601 waiver isn’t approved in the Pilot program but sent back into the backlog, Can you send the same I-601 waiver at the I-130 interview?
Laurel: Probably. I haven't tried yet since the Pilot Program started. They might want you to withdraw the pending I-130. Even then it'd be worth it to try.
Laurel: Let me qualify that - it MIGHT be worth it to try, depending on the facts of your case.
wannamarry412: Hi Laurel my fiance ewi in 2002 was caught in Las Vegas (have very few papers on situation).his family got a lawyer posted bond? and we was released..the case was trasnferred here in Maryland where he was supposed to attend a removal hearing, he did not.(lawyer said if you go they will deport you) he stayed here in U.S. until April of 2007(he is now in Guatemala) so he ewi once caught was supposed to be removed but stayed for 5 years..am I eligible for waiver(s)
Laurel: Should be able to file the waiver.
irving: Hi Laurel,
I am a UK citizen.
I entered the US a month ago (I have since returned) on the Visa Waiver Program.
I have a conviction for "threatening / abusive language and / or behaviour" (8-9 years ago).
I checked the Moral Turpitude guidelines I found online - and from this I determined that I was eligible for the VWP.
However, I had completely forgotten a caution I had when I was 18 (11 years ago). I am not even sure what this was for - it may be public nuisance, it may be attempted theft (I moved some newspapers from outside a shop to an alley).
While in the US (visiting friends and my girlfriend), I investigated the K-1 visa and found that I was not eligible for the VWP.
Obviously I now know that I can't enter the US without a visa, even for tourist purposes.
My girlfriend and I intend to marry, though our plan when discussing this was to hold off applying for the K-1 until I had visited one more time. I *was* planning on visiting at christmas time, but that seems unlikely now. I am fairly sure that I can demonstrate rehabilitation sufficiently as regards my criminal record, but I am unsure as to how severely the VWP entry will affect me.
My questions are:
1. Is it going to cause additional problems for the K-1 visa if I apply for a tourist visa and am denied?
2. Is there even a point in applying for a tourist visa with the VWP ineligible entry on top of my record?
3. What is the process for applying for a waiver of permanent ineligibility for a tourist visa? Is it the same as the K-1 waiver process?
Thanks,
Irving.
Laurel: The majority of my criminal cases have been Brits. I'm familiar with the "caution". That's not a conviction for US immigration purposes. True, when it comes to inadmissibility, a confession is the same as a conviction, but the British record rarely shows whether a confession occured when there's a caution and I've never had a problem with that issue at the London consulate. So, as I see it, you have one conviction. As long as the maximum possible sentence was for less than one year, you should qualify under the Petty Offense exception and wouldn't be inadmissible. I don't believe you were barred from VWP at any time. However, now that you intend to marry, I recommend a K1 visa, rather than attempting to return for a visit on VWP as you have immigrant intent.
Gracie: Laurel, the I-134 asks for tax records AND bank statements; however, some say only provide tax records. Is that ok to do? Does it depend on the consulate whether to send both??
Laurel: If you have enough income, just the tax returns, W-2s and recent paystubs. Dont' worry about assets, such as cash in the bank. If you don't have enough income, then bank statements come into play.
laurafern11: Scenario: NJ's waiver was submitted last summer (with a terrible brief - no evidence of extreme hardship, and a completely emotional letter) and denied this past August. The same law office filed an MTR about a month ago, with what looks like an equally bad brief, and a second very emotional letter from the petitioning wife. Now, with the help of I2US, NJ has put together a much better hardship case, but is unsure what to do next. Is it okay for her to request a new appointment in CDJ while the MTR is pending? From what I remember, you clarified it was okay to request a new appointment while the MTR was in process, but NJ emailed the Consulate and they responded saying they had to wait until the MTR ran its course. Is there any downside to them requesting a new appointment anyway? Will that cancel or hold up their MTR? Also, would you advise NJ to send her new, stronger hardship letter to be added to the pending MTR materials that her lawyers put together a month ago? Is it possible that whatever she sends now will actually get to the right place to be joined with the existing MTR materials? Is there anything else she can do, other than wait for a probably MTR denial and then wait for a new appointment where hopefully they can make use of the pilot program and be approved with their new HSL?
Laurel: An MTR in CDJ is not the way to go if your original waiver packet was crappy. Don't try amending the MTR with a real waiver, Warren will say you're not in compliance with the MTR regs. Ask for a new appointment. Cancel MTR if they want you to, assuming its also crappy. Now, having said all that, I haven't seen either the initial packet nor the MTR, so I'm taking your assessment at face value that its a poor filing.
mmartinez: good morning Luarel... I have a sponor ... is their resident card ok for proof of my aunt being legal. in the us. she sent me back a front copies of their card?
Laurel: Yep
Laurel: Lots of lllllllllooooooooooooonnnnnnnnnnnnnggggggggggg questions today.
Megan: Hi Laurel! My husband is from Honduras and came to the U.S. EWI in 2002. He was arrested in 2006 by ICE and detained in GA, SC, AL and his last stop was the Port Isabel Detention Center in TX. My husband and I spoke with ICE officers on two separate occasions, and they told us that there is NO deportation on his record and that even though they were the ones who sent him back to Honduras (in Oct. 2006), they are treating it as a voluntary departure. The ICE officer also told us that my husband would not need a waiver and that waivers are only for deportations. Has there ever been a case like this where a waiver was not needed?
I know the final decision of whether a visa is granted or not depends on the embassy officer's (or consul's) decision. Is it a 100% chance that my husband will be denied and need a waiver or is there a chance of approval? He has had only one EWI and V/D (no deportations) and no criminal record nor CIMTs.
And is Tegucigalpa really strict when it comes to approving waivers? Sorry this is so long and thank you so much!
Laurel: He never appeared in front of a judge? Hmm, well, I'm still assuming this is a deportation. Even if it weren't, he's got four years unlawful presence and needs a waiver for that. When you already need an I-601, the I-212 is just an extra form and extra filing fee. The CIS offices in Central America are generally considered somewhat lenient.
laurafern11: Also, what happens if you filed an appeal, and you request a second appointment and it is scheduled before the appeal is decided and your file is still at the appeal office? Can you go to the appointment as if you were just starting over, and then just cancel the appeal, for example, if you were approved through the pilot program?
Laurel: I think in the statement from DOS-CDJ to AILA, they said they would schedule the appointment even if you had an appeal pending, but I don't think they clarified whether they would adjudicate a new I-601 if your appeal was still pending. But, look, unless you have some legal issue to dispute and get a new precedent decision, you're chances of approval with de novo I-601 through CDJ Pilot Program are better than chances of winning an appeal.
laurafern11: At the medical exam, do you suggest people not answer questions that have nothing to do with medical issues? For example, if the nurse or doctor starts interrogating the person about their criminal history in the U.S., and let's say they have a misdemeanor for disorderly conduct from 10 years earlier, should they not answer the questions at all? What if they have a DUI from five years ago, when discussing general alcohol and drug use, is it okay to just not tell the medical examiners this information, even if they seem to be baiting them? Any thoughts on the sometimes shady medical exams?
Laurel: Tell them you don't think you should have to answer non-medical questions during a medical exam. The one criminal-type question that might be appropriate is about whether there are any drug or alcohol-related arrests as part of the way "drug abuser" or "alcohol abuser" is defined is whether the use interferes with one's relationships and ability to function in society. Drug or alochol-related arrests are evidence that the drug or alcohol use is interfering with one's ability to function in society.
Ok, so that question I think is ok, but what about some of the other questions that aren't appropriate during the medical? Just politely say you'd rather not answer those questions during a medical exam. Refuse no more than twice. Then comply. Then make a formal complaint to the CDC with lots of details and dates and time.
laurafern11: from Luismary:
My lawyer told me that when the NVC sends my husband's file to the El Salvador Consulate my husband at that time needs to go to El Salvador because he has to be in the country to make the appointment and that the appointments are being scheduled about 3-4 weeks out. Is this new or should I ask my lawyer to recheck that info. Because I noticed some have taken up to a year fort he appointment and I dont want my husband to have to be in El Salvador for two years! Thank you for your time.
Laurel: When I have a client who approaches me while they are present in the US, not in the attention of ICE, and they want to voluntarily do the process, I have never sent them out of the country until the consular interview is already scheduled. The alien does not have the right to remain in the country during that time, but there is simply no legal or procedural advantage to departing prior to the consular interview.
laurafern11: From lgatica: If someone had a DUI in 2003 and never completed probation terms, was then arrested for driving without a valid dl and a warrant for violation of probation on the DUI, is this a major problem that would make someone ineligbile?"
Laurel: I don't think that's enough to make someone inadmissible on criminal grounds. But if you already need a waiver for some other reason (e.g. unlawful presence) than its going to be viewed as aggravating factors on the waiver.
laurafern11:
My friend's husband is currently waiting in MX for his waiver approval from last Nov. They recently realized he hadn't paid for 2 traffic tickets, one for failure to stop @ a stop sign, and the other for no valid driver's license. Apparently, their lawyer knew they were unpaid and implied it was no big deal because they were misdemeanors. The wife has since tried to pay the tickets but was told that the husband had to pay them in person, and he's obviously in Mexico. The lawyer's suggestion was to sent a money order by certified mail and use the receipts from the bank and post office if DHS brings this up. If their waiver is approved, could these unpaid tickets in any way stop them from getting their visa? Or could these unpaid tickets actually prevent their waiver from being approved?
Laurel: I've seen unpaid traffic tickets come up in a waiver denial. But I've never seen it prevent the alien from visa pickup. Even so, try to get it taken care of.
cm21om25: On the interview for the K3 visa, if an I-601 waiver isn’t approved in the Pilot program but sent back into the backlog, how much would it be for you to write another I601 waiver for the I-130 interview? That is stating of course that if you were the one that wrote the first on.
Laurel: If I did the waiver packet to begin with, I probably wouldn't charge to amend if I thought it needed amending. Some waivers will get referred for criminal history no matter how good the packet is. They just need to review the criminal history more closely than they can do during the Pilot Program timeslot.
jeni: There are many people in immigration forums that advise you not to file the K3 because, in many cases, it takes just as long to get approved as the I-130 and you have to pay and additional fee to adjust status. It seems true for some contries but in the case of Mexico, I-130 interviews take over a year and it seems like the k3 is only taking a couple of months to get approved. Do you advise the k3 for Mexico applicants? Can you abandon at any time? does it effect the I-130 at all?
Laurel: There are times when there is no advantage to doing a K3 and times when its very advantageous. It can speed up the interview for Juarez significantly. If the alien has a deportation, the I-130 is sometimes sidetracked while the I-129F progresses. If you're going to have trouble with the income requirement, they're more lenient about that on a K3 than an IV. There are a few other instances when its worthwhile. I'll do a video on creative uses of the K3.
dduran: My HSL was only 3 pages long.
Laurel: That might be enough if the rest of your packet is good. You prove your case with the supporting documents, not the "letter" or brief.
NENA: When my husband and I refinanced our house, I was told at the bank to sign with my married last name, since then I've been using this new signature; but I sign my G-325A with my old one and everything else with the new one. Should I submit a note stating this issue? Is this going to be a problem at my appt. in CDJ?
Laurel: Not a big deal. Though I do recommend you choose which name you are going to use and stick with it. I don't think its worth including a note as its a fairly common issue.
cm21om25: Are you still taking cases??
Laurel: Not until 2008.
princesa: Hi Laurel. My husband has been approved since Aug. 18 in CDJ. We are in the system as approved since Oct 1. They are telling me they don't know if an appt letter has been mailed out. Is there anything I can do to get an appt?
Laurel: Probably in the DOS system since Oct 1. I'd give it until the end of the month and then bring in your Congressman.
dduran: We're making up for last weekkkk
Laurel: Yea, its busy this week.
jasonb: Laurel
Laurel: Jasonb
jeni: Good morning. If I lived in both the US (17 years) and Mexico (2 years), do I have to get police clearance for both contries for the I-130? or just the country of citizenship (mexico)? I am the beneficiery.
Laurel: Neither. You never have to get a police clearance from the US, though you would have to get the records if you had any arrests. As for foreign countries, police certificates are not required from every country. Mexico is one where it is not required.
dsw162: Hi Laurel my husband is from Jamaica and he came to the us on a c/d1 visa in July 2001 and overstayed. We tried to adjust, but found out he could not. We are in the process of him returning to his country to file for a spousal visa. We know that he will be banned ffrom this country because of his overstay. The lawyer said we can file for the I601, however my question is, how hard will it be for my husband to get an approval? Are they extra hard on people who overstay a c/d1 visa?
Laurel: They're tough in Kingston.
momof2: Has there been any talk of bringing back 245i
Laurel: Those of us who talk about it are immediately shot down.
jasonb: Laurel- My wife's I-601 waiver was denied because, she had been deported and was in the U.S. for over 10 years. Do you think it is better to appeal the denial or should I ask foe a new interview date? Do you know what the time frame would be, for appealing the case for asking for a new interview date? Thank you for having this chat room.
Laurel: Not enough information. Denied for failure to prove hardship? What country?
guest: I did not include evidence of bonafide marriage to my I130 and I-129F applications that I sent last August.Is this going to delay the process?
Laurel: You only need to prove legal marriage, rather than "real" marriage, on the initial I-130 and/or I-129F filing (unless you're already in proceedings). You prove real marriage at the interview.
claudia: Im in mexico right now. My Waiver was denied because no enugh evidence of my extreme hardship is lack Im a wife from american citizen and I already sent some any e mails to cd juarez fora new interview but i dont recive any answer yet. A lawyer told me to start over with a new 1 130 and a k3 at the same time . Do you think it is the best option?
Laurel: That would've been my advice six months ago, but now I recommend you send another email to CDJ for new appointment. If your emails are going unanswered for more than 30 days, contact your Congressman for assistance.
my2littletykes: If at the medical exam you refuse once or twice to answer the questions about having trouble with immigration non drug/alcohol related could they deny you your exam and or results?
Laurel: I have trouble saying they "can't" do something at the medical exam as they don't seem to be following the CDC guidelines as it is.
laurafern11: I think dduran was saying her entire packet was three pages long.
Laurel: Unless they are some pretty amazing three pages, you can expect a denial.
sdgcas: Hi Laurel, Any plans for an update to Waiver Notes by Foreign CIS Office?
Laurel: Gosh, I didn't put it together all that long ago. Some minor things have changed, but the info is still pretty good for now and I have some other more pressing matters. I will certainly change it when Jeff Sapko leaves Frankfurt to go to NC, which will happen at the end of the year.
NENA: Thanks for answering my question and thanks for the YouTube videos. You are COOL!!!!
Laurel: You're welcome! For those of you who don't know, I started putting videos up on You Tube: www.youtube.com/LaurelScott
I'm also running a contest with a $250 prize for the best video. From my "channel", click on "Groups" for details. I'm going to extend the deadline one week because I don't think I gave people enough time. Get your videos up!!
Laurel: Oh, more announcements. I should have done this at the start.
I decided that the move to a virtual office was premature given my current living situation, which will change in the Spring. I've gone back to a regular office - same mailing address, phone and fax - and have singed a six-month lease. At the end of the lease, I may go back to a virtual office at my new house, which is scehduled to be built before the end of March.
jeni: this chat is clearing up a lot for me, thanks. One more...can you travel to the United States on a tourist visa (for two weeks) if your I-130 is pending?
Laurel: Yes and no. The law doesn't actually forbid it, but you could get turned away at the border/airport if the officer thinks you intend to remain, thereby blowing your plane fare.
MAMACITA: Laurel, do you think CDJ/Burciaga, and Warren and Oscar are aware of the illegal things going on during the Medical interviews for physicals before CDJ interviews, if so can they file a complaint?
Laurel: While I haven't specifically discussed that topic with any of them, I am CERTAIN that they know. I do not know what, if any, discussions any of them have had with CDC on the matter. I did personally call CDC to complain and I was told that the matter would be looked into. That was over a year ago.
dduran: so should i ask for a 2nd interveiw or ask for MTR. 3 pages was 1 my,1 doctor, 1 employer.
Laurel: 2nd interview
Megan: My husband used drugs for a short time when he was very young as well as drank alcohol a lot. Will he be asked questions at the medical exam about this? He hasn't done either of these things since he was a teen and is completely clean. If he is asked if he has ever used drugs or drank alcohol at the medical exam and he tells the truth, will this make him look like a drug and alcohol abuser even though it was so long ago? I've heard to not mention this at all. What are your opinions? Thank you!
Laurel: Answering this question is always a moral dilemma for me because I can never counsel anyone to lie during the immigration process.
MAMACITA: Do you think now that we are approaching the end of the year that the backlogged-old waivers will be completed by end of this year? It seems we are seeing a slow down again on some of those waivers from Sept/Oct/Nov, (Dec,Jan) are all done almost on both forums, Juarez and Im2us?
Laurel: I'm hoping for some sort of announcement soon. I kind of poke a little bit every now and then to see if I can get an update. Sometimes I get info. Sometimes I don't. But I don't want to burn bridges by poking too hard. I poked yesterday. No dice.
sdgcas: We all appreciate your efforts with posting the Waiver Notes by Foreign CIS Office. Sorry, I didn't mean to seem pushy. You really should be nominated for some sort of award for all of the things that you do to try to help us.
Laurel: I appreciate the sentiment, but I think I can be doing more. That's part of why I'm not taking any new clients until 2008.
dduran: Thank you, would that be requesting it via e-mail or sending a letter?
Laurel: email
Maria: Hi,Laurel! Do you know if at the end of the years, also CIS to Vienna will be change?
Laurel: I don't know.
briza: Laurel, my hubby sent AOS packet the end of July and we got an RFE for I-864. I was ignorant and thought that since we have a great co-sponsor, that I didn't have to send an I-864 for myself being that my only income comes from disability. Part 7 on the form is for assets to "use assets to supplement income," do I need to fill that out? That section just threw me off. Thanks for your time and help =)
Laurel: Beginning maybe four months ago, I started getting RFEs on the I-864 almost every time. I never used to get them in the past. If you're using a co-sponsor, you still need to do your I-864 and supply your tax returns or a note saying you weren't required to file. But you don't need to list every one of your assets, no.
MAMACITA: Thanks Laurel, it seems like both forums are slowly weeding out the old members and are being replaced with Newbies since the backlog cases are being approved, it seems like we are slowly getting approved but not as fast as Warren and Oscar had hoped obviously!
Laurel: Its understandable that after getting waiver approval, people wouldn't be visiting the forums as often. They may still care deeply about immigration reform, but they're ready to move on with their lives.
jeni: Do you have to go to CDJ for the K3, do you have to get back when the I-130 gets approved?
Laurel: Once you have your K3, you can either choose to return to CDJ for the IV appointment or AOS in the US. Was that enough acronyms? I can do more.
dsw162: But will his overstay make it tougher?
Laurel: Maybe
Laurel: Ok, guys. Its noon. I'll see you next week. I'll probably post more videos this weekend, so keep your eyes peeled. I'll probably do one on getting divorced and married when you're illegal, and maybe one on fancy K3 maneuvers.
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 don't have any new info on the backlog at this time. I've emailed Oscar Lujan to ask if any new policy decisions came out of the weeklong training session that took place in Panama City in September. But I do not yet have a reply.
cm21om25: On the interview for the K3 visa, if an I-601 waiver isn’t approved in the Pilot program but sent back into the backlog, Can you send the same I-601 waiver at the I-130 interview?
Laurel: Probably. I haven't tried yet since the Pilot Program started. They might want you to withdraw the pending I-130. Even then it'd be worth it to try.
Laurel: Let me qualify that - it MIGHT be worth it to try, depending on the facts of your case.
wannamarry412: Hi Laurel my fiance ewi in 2002 was caught in Las Vegas (have very few papers on situation).his family got a lawyer posted bond? and we was released..the case was trasnferred here in Maryland where he was supposed to attend a removal hearing, he did not.(lawyer said if you go they will deport you) he stayed here in U.S. until April of 2007(he is now in Guatemala) so he ewi once caught was supposed to be removed but stayed for 5 years..am I eligible for waiver(s)
Laurel: Should be able to file the waiver.
irving: Hi Laurel,
I am a UK citizen.
I entered the US a month ago (I have since returned) on the Visa Waiver Program.
I have a conviction for "threatening / abusive language and / or behaviour" (8-9 years ago).
I checked the Moral Turpitude guidelines I found online - and from this I determined that I was eligible for the VWP.
However, I had completely forgotten a caution I had when I was 18 (11 years ago). I am not even sure what this was for - it may be public nuisance, it may be attempted theft (I moved some newspapers from outside a shop to an alley).
While in the US (visiting friends and my girlfriend), I investigated the K-1 visa and found that I was not eligible for the VWP.
Obviously I now know that I can't enter the US without a visa, even for tourist purposes.
My girlfriend and I intend to marry, though our plan when discussing this was to hold off applying for the K-1 until I had visited one more time. I *was* planning on visiting at christmas time, but that seems unlikely now. I am fairly sure that I can demonstrate rehabilitation sufficiently as regards my criminal record, but I am unsure as to how severely the VWP entry will affect me.
My questions are:
1. Is it going to cause additional problems for the K-1 visa if I apply for a tourist visa and am denied?
2. Is there even a point in applying for a tourist visa with the VWP ineligible entry on top of my record?
3. What is the process for applying for a waiver of permanent ineligibility for a tourist visa? Is it the same as the K-1 waiver process?
Thanks,
Irving.
Laurel: The majority of my criminal cases have been Brits. I'm familiar with the "caution". That's not a conviction for US immigration purposes. True, when it comes to inadmissibility, a confession is the same as a conviction, but the British record rarely shows whether a confession occured when there's a caution and I've never had a problem with that issue at the London consulate. So, as I see it, you have one conviction. As long as the maximum possible sentence was for less than one year, you should qualify under the Petty Offense exception and wouldn't be inadmissible. I don't believe you were barred from VWP at any time. However, now that you intend to marry, I recommend a K1 visa, rather than attempting to return for a visit on VWP as you have immigrant intent.
Gracie: Laurel, the I-134 asks for tax records AND bank statements; however, some say only provide tax records. Is that ok to do? Does it depend on the consulate whether to send both??
Laurel: If you have enough income, just the tax returns, W-2s and recent paystubs. Dont' worry about assets, such as cash in the bank. If you don't have enough income, then bank statements come into play.
laurafern11: Scenario: NJ's waiver was submitted last summer (with a terrible brief - no evidence of extreme hardship, and a completely emotional letter) and denied this past August. The same law office filed an MTR about a month ago, with what looks like an equally bad brief, and a second very emotional letter from the petitioning wife. Now, with the help of I2US, NJ has put together a much better hardship case, but is unsure what to do next. Is it okay for her to request a new appointment in CDJ while the MTR is pending? From what I remember, you clarified it was okay to request a new appointment while the MTR was in process, but NJ emailed the Consulate and they responded saying they had to wait until the MTR ran its course. Is there any downside to them requesting a new appointment anyway? Will that cancel or hold up their MTR? Also, would you advise NJ to send her new, stronger hardship letter to be added to the pending MTR materials that her lawyers put together a month ago? Is it possible that whatever she sends now will actually get to the right place to be joined with the existing MTR materials? Is there anything else she can do, other than wait for a probably MTR denial and then wait for a new appointment where hopefully they can make use of the pilot program and be approved with their new HSL?
Laurel: An MTR in CDJ is not the way to go if your original waiver packet was crappy. Don't try amending the MTR with a real waiver, Warren will say you're not in compliance with the MTR regs. Ask for a new appointment. Cancel MTR if they want you to, assuming its also crappy. Now, having said all that, I haven't seen either the initial packet nor the MTR, so I'm taking your assessment at face value that its a poor filing.
mmartinez: good morning Luarel... I have a sponor ... is their resident card ok for proof of my aunt being legal. in the us. she sent me back a front copies of their card?
Laurel: Yep
Laurel: Lots of lllllllllooooooooooooonnnnnnnnnnnnnggggggggggg questions today.
Megan: Hi Laurel! My husband is from Honduras and came to the U.S. EWI in 2002. He was arrested in 2006 by ICE and detained in GA, SC, AL and his last stop was the Port Isabel Detention Center in TX. My husband and I spoke with ICE officers on two separate occasions, and they told us that there is NO deportation on his record and that even though they were the ones who sent him back to Honduras (in Oct. 2006), they are treating it as a voluntary departure. The ICE officer also told us that my husband would not need a waiver and that waivers are only for deportations. Has there ever been a case like this where a waiver was not needed?
I know the final decision of whether a visa is granted or not depends on the embassy officer's (or consul's) decision. Is it a 100% chance that my husband will be denied and need a waiver or is there a chance of approval? He has had only one EWI and V/D (no deportations) and no criminal record nor CIMTs.
And is Tegucigalpa really strict when it comes to approving waivers? Sorry this is so long and thank you so much!
Laurel: He never appeared in front of a judge? Hmm, well, I'm still assuming this is a deportation. Even if it weren't, he's got four years unlawful presence and needs a waiver for that. When you already need an I-601, the I-212 is just an extra form and extra filing fee. The CIS offices in Central America are generally considered somewhat lenient.
laurafern11: Also, what happens if you filed an appeal, and you request a second appointment and it is scheduled before the appeal is decided and your file is still at the appeal office? Can you go to the appointment as if you were just starting over, and then just cancel the appeal, for example, if you were approved through the pilot program?
Laurel: I think in the statement from DOS-CDJ to AILA, they said they would schedule the appointment even if you had an appeal pending, but I don't think they clarified whether they would adjudicate a new I-601 if your appeal was still pending. But, look, unless you have some legal issue to dispute and get a new precedent decision, you're chances of approval with de novo I-601 through CDJ Pilot Program are better than chances of winning an appeal.
laurafern11: At the medical exam, do you suggest people not answer questions that have nothing to do with medical issues? For example, if the nurse or doctor starts interrogating the person about their criminal history in the U.S., and let's say they have a misdemeanor for disorderly conduct from 10 years earlier, should they not answer the questions at all? What if they have a DUI from five years ago, when discussing general alcohol and drug use, is it okay to just not tell the medical examiners this information, even if they seem to be baiting them? Any thoughts on the sometimes shady medical exams?
Laurel: Tell them you don't think you should have to answer non-medical questions during a medical exam. The one criminal-type question that might be appropriate is about whether there are any drug or alcohol-related arrests as part of the way "drug abuser" or "alcohol abuser" is defined is whether the use interferes with one's relationships and ability to function in society. Drug or alochol-related arrests are evidence that the drug or alcohol use is interfering with one's ability to function in society.
Ok, so that question I think is ok, but what about some of the other questions that aren't appropriate during the medical? Just politely say you'd rather not answer those questions during a medical exam. Refuse no more than twice. Then comply. Then make a formal complaint to the CDC with lots of details and dates and time.
laurafern11: from Luismary:
My lawyer told me that when the NVC sends my husband's file to the El Salvador Consulate my husband at that time needs to go to El Salvador because he has to be in the country to make the appointment and that the appointments are being scheduled about 3-4 weeks out. Is this new or should I ask my lawyer to recheck that info. Because I noticed some have taken up to a year fort he appointment and I dont want my husband to have to be in El Salvador for two years! Thank you for your time.
Laurel: When I have a client who approaches me while they are present in the US, not in the attention of ICE, and they want to voluntarily do the process, I have never sent them out of the country until the consular interview is already scheduled. The alien does not have the right to remain in the country during that time, but there is simply no legal or procedural advantage to departing prior to the consular interview.
laurafern11: From lgatica: If someone had a DUI in 2003 and never completed probation terms, was then arrested for driving without a valid dl and a warrant for violation of probation on the DUI, is this a major problem that would make someone ineligbile?"
Laurel: I don't think that's enough to make someone inadmissible on criminal grounds. But if you already need a waiver for some other reason (e.g. unlawful presence) than its going to be viewed as aggravating factors on the waiver.
laurafern11:
My friend's husband is currently waiting in MX for his waiver approval from last Nov. They recently realized he hadn't paid for 2 traffic tickets, one for failure to stop @ a stop sign, and the other for no valid driver's license. Apparently, their lawyer knew they were unpaid and implied it was no big deal because they were misdemeanors. The wife has since tried to pay the tickets but was told that the husband had to pay them in person, and he's obviously in Mexico. The lawyer's suggestion was to sent a money order by certified mail and use the receipts from the bank and post office if DHS brings this up. If their waiver is approved, could these unpaid tickets in any way stop them from getting their visa? Or could these unpaid tickets actually prevent their waiver from being approved?
Laurel: I've seen unpaid traffic tickets come up in a waiver denial. But I've never seen it prevent the alien from visa pickup. Even so, try to get it taken care of.
cm21om25: On the interview for the K3 visa, if an I-601 waiver isn’t approved in the Pilot program but sent back into the backlog, how much would it be for you to write another I601 waiver for the I-130 interview? That is stating of course that if you were the one that wrote the first on.
Laurel: If I did the waiver packet to begin with, I probably wouldn't charge to amend if I thought it needed amending. Some waivers will get referred for criminal history no matter how good the packet is. They just need to review the criminal history more closely than they can do during the Pilot Program timeslot.
jeni: There are many people in immigration forums that advise you not to file the K3 because, in many cases, it takes just as long to get approved as the I-130 and you have to pay and additional fee to adjust status. It seems true for some contries but in the case of Mexico, I-130 interviews take over a year and it seems like the k3 is only taking a couple of months to get approved. Do you advise the k3 for Mexico applicants? Can you abandon at any time? does it effect the I-130 at all?
Laurel: There are times when there is no advantage to doing a K3 and times when its very advantageous. It can speed up the interview for Juarez significantly. If the alien has a deportation, the I-130 is sometimes sidetracked while the I-129F progresses. If you're going to have trouble with the income requirement, they're more lenient about that on a K3 than an IV. There are a few other instances when its worthwhile. I'll do a video on creative uses of the K3.
dduran: My HSL was only 3 pages long.
Laurel: That might be enough if the rest of your packet is good. You prove your case with the supporting documents, not the "letter" or brief.
NENA: When my husband and I refinanced our house, I was told at the bank to sign with my married last name, since then I've been using this new signature; but I sign my G-325A with my old one and everything else with the new one. Should I submit a note stating this issue? Is this going to be a problem at my appt. in CDJ?
Laurel: Not a big deal. Though I do recommend you choose which name you are going to use and stick with it. I don't think its worth including a note as its a fairly common issue.
cm21om25: Are you still taking cases??
Laurel: Not until 2008.
princesa: Hi Laurel. My husband has been approved since Aug. 18 in CDJ. We are in the system as approved since Oct 1. They are telling me they don't know if an appt letter has been mailed out. Is there anything I can do to get an appt?
Laurel: Probably in the DOS system since Oct 1. I'd give it until the end of the month and then bring in your Congressman.
dduran: We're making up for last weekkkk
Laurel: Yea, its busy this week.
jasonb: Laurel
Laurel: Jasonb
jeni: Good morning. If I lived in both the US (17 years) and Mexico (2 years), do I have to get police clearance for both contries for the I-130? or just the country of citizenship (mexico)? I am the beneficiery.
Laurel: Neither. You never have to get a police clearance from the US, though you would have to get the records if you had any arrests. As for foreign countries, police certificates are not required from every country. Mexico is one where it is not required.
dsw162: Hi Laurel my husband is from Jamaica and he came to the us on a c/d1 visa in July 2001 and overstayed. We tried to adjust, but found out he could not. We are in the process of him returning to his country to file for a spousal visa. We know that he will be banned ffrom this country because of his overstay. The lawyer said we can file for the I601, however my question is, how hard will it be for my husband to get an approval? Are they extra hard on people who overstay a c/d1 visa?
Laurel: They're tough in Kingston.
momof2: Has there been any talk of bringing back 245i
Laurel: Those of us who talk about it are immediately shot down.
jasonb: Laurel- My wife's I-601 waiver was denied because, she had been deported and was in the U.S. for over 10 years. Do you think it is better to appeal the denial or should I ask foe a new interview date? Do you know what the time frame would be, for appealing the case for asking for a new interview date? Thank you for having this chat room.
Laurel: Not enough information. Denied for failure to prove hardship? What country?
guest: I did not include evidence of bonafide marriage to my I130 and I-129F applications that I sent last August.Is this going to delay the process?
Laurel: You only need to prove legal marriage, rather than "real" marriage, on the initial I-130 and/or I-129F filing (unless you're already in proceedings). You prove real marriage at the interview.
claudia: Im in mexico right now. My Waiver was denied because no enugh evidence of my extreme hardship is lack Im a wife from american citizen and I already sent some any e mails to cd juarez fora new interview but i dont recive any answer yet. A lawyer told me to start over with a new 1 130 and a k3 at the same time . Do you think it is the best option?
Laurel: That would've been my advice six months ago, but now I recommend you send another email to CDJ for new appointment. If your emails are going unanswered for more than 30 days, contact your Congressman for assistance.
my2littletykes: If at the medical exam you refuse once or twice to answer the questions about having trouble with immigration non drug/alcohol related could they deny you your exam and or results?
Laurel: I have trouble saying they "can't" do something at the medical exam as they don't seem to be following the CDC guidelines as it is.
laurafern11: I think dduran was saying her entire packet was three pages long.
Laurel: Unless they are some pretty amazing three pages, you can expect a denial.
sdgcas: Hi Laurel, Any plans for an update to Waiver Notes by Foreign CIS Office?
Laurel: Gosh, I didn't put it together all that long ago. Some minor things have changed, but the info is still pretty good for now and I have some other more pressing matters. I will certainly change it when Jeff Sapko leaves Frankfurt to go to NC, which will happen at the end of the year.
NENA: Thanks for answering my question and thanks for the YouTube videos. You are COOL!!!!
Laurel: You're welcome! For those of you who don't know, I started putting videos up on You Tube: www.youtube.com/LaurelScott
I'm also running a contest with a $250 prize for the best video. From my "channel", click on "Groups" for details. I'm going to extend the deadline one week because I don't think I gave people enough time. Get your videos up!!
Laurel: Oh, more announcements. I should have done this at the start.
I decided that the move to a virtual office was premature given my current living situation, which will change in the Spring. I've gone back to a regular office - same mailing address, phone and fax - and have singed a six-month lease. At the end of the lease, I may go back to a virtual office at my new house, which is scehduled to be built before the end of March.
jeni: this chat is clearing up a lot for me, thanks. One more...can you travel to the United States on a tourist visa (for two weeks) if your I-130 is pending?
Laurel: Yes and no. The law doesn't actually forbid it, but you could get turned away at the border/airport if the officer thinks you intend to remain, thereby blowing your plane fare.
MAMACITA: Laurel, do you think CDJ/Burciaga, and Warren and Oscar are aware of the illegal things going on during the Medical interviews for physicals before CDJ interviews, if so can they file a complaint?
Laurel: While I haven't specifically discussed that topic with any of them, I am CERTAIN that they know. I do not know what, if any, discussions any of them have had with CDC on the matter. I did personally call CDC to complain and I was told that the matter would be looked into. That was over a year ago.
dduran: so should i ask for a 2nd interveiw or ask for MTR. 3 pages was 1 my,1 doctor, 1 employer.
Laurel: 2nd interview
Megan: My husband used drugs for a short time when he was very young as well as drank alcohol a lot. Will he be asked questions at the medical exam about this? He hasn't done either of these things since he was a teen and is completely clean. If he is asked if he has ever used drugs or drank alcohol at the medical exam and he tells the truth, will this make him look like a drug and alcohol abuser even though it was so long ago? I've heard to not mention this at all. What are your opinions? Thank you!
Laurel: Answering this question is always a moral dilemma for me because I can never counsel anyone to lie during the immigration process.
MAMACITA: Do you think now that we are approaching the end of the year that the backlogged-old waivers will be completed by end of this year? It seems we are seeing a slow down again on some of those waivers from Sept/Oct/Nov, (Dec,Jan) are all done almost on both forums, Juarez and Im2us?
Laurel: I'm hoping for some sort of announcement soon. I kind of poke a little bit every now and then to see if I can get an update. Sometimes I get info. Sometimes I don't. But I don't want to burn bridges by poking too hard. I poked yesterday. No dice.
sdgcas: We all appreciate your efforts with posting the Waiver Notes by Foreign CIS Office. Sorry, I didn't mean to seem pushy. You really should be nominated for some sort of award for all of the things that you do to try to help us.
Laurel: I appreciate the sentiment, but I think I can be doing more. That's part of why I'm not taking any new clients until 2008.
dduran: Thank you, would that be requesting it via e-mail or sending a letter?
Laurel: email
Maria: Hi,Laurel! Do you know if at the end of the years, also CIS to Vienna will be change?
Laurel: I don't know.
briza: Laurel, my hubby sent AOS packet the end of July and we got an RFE for I-864. I was ignorant and thought that since we have a great co-sponsor, that I didn't have to send an I-864 for myself being that my only income comes from disability. Part 7 on the form is for assets to "use assets to supplement income," do I need to fill that out? That section just threw me off. Thanks for your time and help =)
Laurel: Beginning maybe four months ago, I started getting RFEs on the I-864 almost every time. I never used to get them in the past. If you're using a co-sponsor, you still need to do your I-864 and supply your tax returns or a note saying you weren't required to file. But you don't need to list every one of your assets, no.
MAMACITA: Thanks Laurel, it seems like both forums are slowly weeding out the old members and are being replaced with Newbies since the backlog cases are being approved, it seems like we are slowly getting approved but not as fast as Warren and Oscar had hoped obviously!
Laurel: Its understandable that after getting waiver approval, people wouldn't be visiting the forums as often. They may still care deeply about immigration reform, but they're ready to move on with their lives.
jeni: Do you have to go to CDJ for the K3, do you have to get back when the I-130 gets approved?
Laurel: Once you have your K3, you can either choose to return to CDJ for the IV appointment or AOS in the US. Was that enough acronyms? I can do more.
dsw162: But will his overstay make it tougher?
Laurel: Maybe
Laurel: Ok, guys. Its noon. I'll see you next week. I'll probably post more videos this weekend, so keep your eyes peeled. I'll probably do one on getting divorced and married when you're illegal, and maybe one on fancy K3 maneuvers.