Jardinera
10-17-2007, 02:54 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 do not have any news on the backlog, but I will be going down to Juarez in person next week. There will be no chat next week as I won't get back to Houston until late Wednesday afternoon. But I will post any useful information on the Imm2us website and probably the Juarez forum.
JorgeM.: Good morning laurel,
I’m very worry for my wife she had an accident on October 10, of this year She broke her pelvis and her left leg she can’t walk at all and we have our appointment in Ciudad Juarez for the 25 of this month, now I was told if I go to the appointment to Ciudad Juarez and if an officer ask for my wife to go in with me and if she is not there that I could be denied and I could be put on the 10 year bar is that true? How would this accident benefit my case, We asked for the police report but is not ready yet the police department said to call today maybe they will have it ready, and we will be getting the doctors report tomorrow also. Any ideas laurel??? I hired a lawyer and he said that if I give him the police and doctor report that he can probably get a permit for me to see my wife and he also mention that ones I get the permit that I don’t have to go to the appointment anymore is that true???
THANK YOU LAUREL.
Laurel: You only need a police report for Mexico or the US if you have a criminal record of some sort, including any arrests for which there was no conviction. They would probably not allow your wife into the interview even if she was present. But bring proof of her injury just in case. You did not describe any grounds of inadmissibility, so I can't comment on the 10-year bar.
mmartinez: good morning Laure .. when is the best time to make an infopass appointment.. i am trying no luck. my appointment is nov13 wnt to make the infopass for the 16..... is this good timing.?
Laurel: An InfoPass appointment cannot be made more than 2 weeks in advance for CDJ. As for the best time of day to make the appointment, I believe its any time during business hours in CDJ, but I'm going to find out more specifics while I'm down there.
susan: Laurel, is it necessary (or a good idea) to obtain certified court records regarding misdemeanor traffic violations (i.e. driving w/o a license, driving with an expired license)?
Laurel: If the violation falls under the criminal statutes of your state then you need to provide the records.
asolis: My hubby Ewi Feb 2001. We married May 2003. First interview July 2005. Denied waiver due to admission of drug use 10 months prior. Our appeal is next week. Is he eligible for infopass or will he be backlogged?
Laurel: Denied waiver? Do you mean denied a visa and found ineligible to file a waiver? What appeal? You cannot appeal the medical officer's decision.
petal07: Good Morning Laurel...I wanted to thank you so much for all of your help..we were approved through the pilot program on Oct. 1st Thank you, thank you, thank you!
Laurel: Congrats! Happy to help. One down. 10 million to go!
imisshimmuch: Hi Laurel, my case is going through Lima, Peru, my husband overstayed his visa, my "best" hardship is my mental health as i have a history of it. What else do you recommend ? B/c i know you say Lima is tough
Laurel: Its impossible to say without knowing the facts of your case.
laurafern11: From Tasks:
My husband had a misdomeanor charge in High School when he was 17 - stupid stuff like writing on the bathroom walls at school - it was a charge of Vandalism.. It was not an arrest .. They gave it as a traffic ticket.. I can not seem to find whether or not this is actually a Crime Involving Moral Turpitude or not. Even if it is, from what I have read he is cleared because he was under the age of 18 and it has been 5 years since charged and completed the community service.. Is this true? What can we expect from the interviewer? Will this cause him to be sent to the backlog? He also has ONE other ticket for driving without a license which has been paid and other than that he is 100% clean.
Laurel: Vandalism isn't a traffic violation. They may have issued a citation, which is similar to a ticket. I doubt that sort of thing would get his case sent to the backlog, even with the driving without a license thing. Bring official records to the interview for full disclosure.
laurafern11: Is there a rule if you have a felony on your record with regard to filing a waiver? For example, MA's husband has a domestic violence charge and a DUI from seven years ago. She's not sure if the domestic violence charge was a felony, but let's say worst-case scenario it was. Will this make him ineligible for the I-601?
Laurel: Aggravated felony would only make you ineligible to file a waiver if you were already a permanent resident at the time it occured AND St. Cyr does not apply. However, more serious crimes, such as domestic violence, can make it tough to get a waiver approved.
laurafern11:
From Mandy:
Do you believe that the "pilot program" will continue after March of 2008?
Do you know the reason behind the decreased time in I-130 appointments being scheduled?
Also would CDJ expect to have an updated I-864 at the time of your interview if your interview is in Jan. or Feb.?
Laurel: I would be stunned if the Pilot Program did not continue past March of 2008 - its gotten rave reviews from inside and outside the government - though at that point they might stop calling it a Pilot Program and give it a more permanent-sounding name. Juarez is scheduling appointments faster (a) because the consulate hired more staff, and (b) probably because they are working their way through the bubble of cases created when CIS started only adjudicating I-130s when the visa is already available. As for the I-864, you are only supposed to have to sign it once, but they always want updated income information when you go to pick up the visa and if they ask you to do a new I-864, heck, just do it.
laurafern11: Klaudia: I sent the whole package for my husband(I-130, 1-765, I-485 and I-601) to chicago lock box and now the case is at the National Benefits Center. He used a fraudlent (non-US) passport to enter USA 6 years ago. We provided to them (with the original package) the I-94 that he had entered with (of course it was a different name). They send an RFE asking again for the I-94 and we recently sent it again but thought it looked suspicios since they first had it? What do you think of their request for the I-94 again? My other question is: Can the national benefit center deny the entire I-485 aplication without even scheduling an interview? How about the I-765 will my husband be able to get the EAD even if his case could be denied by the center?
thanks
Laurel: If the name on the I-94 doesn't match, you need to explain why. Yes, NBC can deny without it going for an interview if you fail to provide them the requested information and documents. Usually when they send an RFE on the I-485, your EAD is held up and they won't issue the EAD until the RFE issue is resolved.
Karen: how can i bring my husband to the state of georgia legally after he was arrested and jailed for 5 years and deported?
Laurel: He spent five years in prison? Not good. You might be eligible to attempt the waiver process, but a five year prison sentence means serious crime, which means your chances of getting a waiver approved are slim to none.
petal07: We are waiting for my husbands SSN to arrive can he continue to work while we are waiting??
Laurel: If he either has an EAD or a green card or the "temporary I-551" stamp, and he has applied for a SSN either directly through the SSA or on his DS-230, he can work and his employer should write "applied for" wherever the employment forms ask for a social. The IRS has a memo on this.
laurafern11: Did you watch Stephen Colbert on the Daily Show last night? He was annoucing his decision to consider whether or not to run for president. It was hilarious!!!
Laurel: I saw the snipet he put on his own show when he was on Good Morning America. Yes, very funny. I love him.
RE: We got our first appointment scheduled for Nov 20, the Tuesday before Thanksgiving. From all the forums we ssem to be the only ones scheduled for that week. Do you know what kind of schedule they will have that week. The website says closed on Thursday, but was wondering about Friday? Do you have any idea from past years?
Laurel: Last year (or was it two years ago) the consulate accidentally scheduled a bunch of people for the day before Thanksgiving. The consulate was open and people were working, but they weren't conducting interviews. The line was as long as usual and everyone was sent away and told they would get a new appointment notice. That SUCKED! But it was the day before, not two days before. So you should be ok.
ke5fbh: checked with fbi fingerprint and no record will this be a problem and will misrepresentation fall under a 601
Laurel: Ok, I'm glad you did the FBI check. There's a waiver for most types of misrepresentation, EXCEPT: false claim to US citizenship, frivilous asylum claim, and marriage fraud.
JorgeM.: I don't have any criminal record
Laurel: So if you've only ever lived in Mexico and the US, why are you getting a police clearance?
NENA: My husband (USC) was a cocain adicted 20 years ago. He had terapy and has never failed again, but he mentioned that he probably would if he had to separate away from his family. He is not proud of this but cuold ruin his life again. My question is if this cuold be worthed to mention it or would rest weight to the HSL since it's not a positive fact?
Laurel: I think its very relevant to the waiver packet.
nmm: Laurel, my husband filed his waiver in CDJ in Feb. and it was sent to DHS in March. About two months ago, you guessed that we would have a decision by the end of November. Since it seems there has been little movement in CDJ, do you think we should plan on not receiving an answer until next year?
Laurel: I'm not sure what to tell you. I certainly hope it will be decided soon, but I really thought it would have been decided already, so I guess I don't know
asolis: Sorry about that, he was denied the opportunity to file the 601 because of his drug use. They said he could appeal in 26 months, which is next week. They sent us an appt letter. Will he be eligible for the infopass or be backlogged?
Laurel: Ah, ok. Its not an appeal. Its a re-application. He should be able to file through InfoPass ok.
lizliz: my wife is a teacher she has a job offered at my sons school could the school write w letterand speed up the time for her interview
Laurel: That's not a ground for expedite, no.
imisshimmuch: what would our options be if we were denied in Lima ?
Laurel: MTR, appeal, refile
jasmin: Good morning Laurel. I am police officer in Atlanta, Ga. My wife and I have a child together. The problem is that my wife came here illegally. I want to know what can we do? what type of hardship can we show? Will my position as a Police Officer help my wife out with our case? I dont want to lose my wife and son .
Laurel: I've handled police officer cases before. Assuming no additional aggravating cirumstances, and assuming you're going through CDJ, your chances of approval are high. I can't get into all your potential hardship arguments without knowing more about the facts of your case, but one argument any police officer has is that its imperitive that you be able to focus on your work when you're on duty or someone may get killed. Any policeman will have some distractions in his life. That's unavoidable. But if your wife is not permitted to re-enter the US, that's a bigger than normal distraction.
RE: Husband read in the Latino newspaper that starting Nov 2 all Consulates are going to start requiring they do all 10 fingerprints. I thought that was standard, but if not will this slow the process between 1st appt and infopass appt and needing more that 2 days between?
Laurel: I'll ask when I'm down there. Add that to my list. (pause) Is someone keeping a list for me of things I need to ask about? LauraFern?
susan: Lately, I have been hearing a lot about EWIs moving to Canada. From what I understand they are allowed into Canada and can stay until their case is heard, but are likely to be deported. Is that true? Or is it possible to for EWIs to receive residence visas or work visas in Canada?
Laurel: I am not an expert in Canadian immigration law.
susan: How can my fiance get a certified copy of his criminal record? He is afraid to go to the courthouse in our city for fear of being detained? Can I get one for him?
Laurel: I've never had a client get detained while attempting to get a certified copy of a criminal record from the courthouse. But, yes, he can give you power of attorney and you can get it, or he can order it through the mail.
imisshimmuch: any word on the pilot program being used in other countries ????
Laurel: Not yet, but my guess is that Central America - Guatemala or El Salvador - would be next, simply for practical reasons. But I don't have any insider information on that at all. It’s just my guess.
maria: Laurel, I sent my I-129F following I-130 in CSC on August 16th. Do you have a rough estimate if when can I get an interview in Ciudad Juarez for k3? Thanks.
Laurel: My guess is March to May, but processing times are subject to change without notice.
phrogman009: Good morning Laurel, MY wife was ban for 10 years at her CDJ interview. She tried coming in with a VISA belonging to someone else and was caught and then tried to reenter a week later and once again got caught. I'm in the military and it's hard to juggle between work and going down to mexico, specially now that i'm getting ready to deploy. Can you guide me to the correct direction on how to appeal her 10 year ban?
Laurel: Was she found inadmissible under INA 212(a)(9)(C)? When she got caught that first time was she formally deported? Was it after April of 1997?
MARFLORES: Good morning.My husband got arrested for Domestic Violence in 98 in Minnesota. He went to court and to some classes. He did everything they told him to do.In 2000 he got DUI and also did everything and got his DL back. Since he got here in he has used another name and all these charges were with that name. But they fingerprinted him.With all this will he get an approved waiver?
Laurel: Domestic violence is a serious charge. On his waiver he has to really convince them that he's rehabilitated. He needs to disclose his entire criminal record at his consular interview. I won't say he has no chance at getting waiver approval. But you do need to put together a good case.
ladybug: laurel, i can only assume oscar has not responded to your e-mail??
Laurel: No. I had inquired about three cases and no response. I've sent a reminder email. I don't know what's up.
Karen: his 5 years in jail was for entering illegally to the united states and he apply under the 245 I and when he went to his interview ins arested him.
Laurel: And they detained him for five years???
susan: If an EWI is detained by ICE or police, will it matter that the EWI has a petition pending for them? Or is likely, they will be deported?
Laurel: In front of the judge, the EWI should request Voluntary Departure. Watch my video "Advanced Topics: Pre-waiver procedure and maneuvers" at www.youtube.com/laurelscott (http://www.youtube.com/laurelscott)
Laurel: You might not understand everything I've said on that video, but there's some stuff about waiver procedure after you've been picked up. I'm still working on the videos. They take time and I've still got that day job to distract me. But eventually I'll add a video on what to do if you are apprehended by the police or immigration officials.
RE: So if we go for our 1st appointment on Tues Nov 20, should we be ok to schedule the infopass for Friday after Thanksgiving.....given they are open
Laurel: I don't think they'll be open that Friday. But if they are, yea go ahead and schedule.
laurafern11: LOL - I can send you a list if you like when the chat is over.
Laurel: ok
RE: When are you going to Juarez? Hope you have a safe trip.
Laurel: Leaving early Tuesday morning. Arriving in El Paso shortly before lunch. Spending the night at CDJ. Returning to El Paso for a late morning flight. Arriving back in Houston in the mid to late afternoon. I forget exactly when. Fortunately I won't be on crutches after all. But I will have a serious pimp limp and a very unfashionable shoe.
susan: I have heard "buzz" about the consulate in CDJ being closed for the month of December. Is that true?
Laurel: I hope not.
Ely: Hello.. How much time does someone have to file a I-601 after being denied in Ciudad Juarez?
Laurel: A year.
lizliz: i got a felony 15yrs. ago will the stop my wfe getting her visa or the waiver
Laurel: The petitioner's criminal conviction almost never matters except on an I-129F.
Laurel: Or I-600
Karen: yes, 5 years just for illegal reentry and he had paid the $1,000.00 bond for the 245 I
Laurel: There's something strange about this fact set.
phrogman009: Yes under INA 212(a)(9)(c)(II). The first time she was formally deported and the second time she was only finger printed . It happened on DEC 05
Laurel: ok. There's no appeal. The finding is correct. You need to take it up with your Congressman to get the law changed. There are a lot of people in the same position as you.
MAMACITA: I am sure you know about the new Consulate being completed in the near future in Juarez. There is a rumor going around that the Consulate will be closed for 2 months from sometime in mid November to Jan 08? Can you confirm this or not, as I just cannot see a large Consulate the size of CDJ being closed for that long? Catiana from the Juarez forum was recently in CDJ in Aug and said it looks like there remains alot to be done construction wise on this Consulate and think it is due to open in 2008 sometime?
Laurel: I can't imagine they would close for that long.
Pinkpig: JZULUOGA ASKS: I need advice in my case:
I claim for immigrant visa for my parents. The case was approved in USA but they where rejected to have a visa in Bogota - COlombia under section
212(a)(9)( (i)(II), becuase the stayed more than 365 days after the authorized date to saty in USA.
The consul explain them that they qualify for a waiver. My question is what is the chance that they have approval with the waiver . In addition to my letter justifying why they must come to live with me, which other recommendation do you have for me?.
Thanks
Laurel: Unless THEIR parents are US citizens or permanent residents, the consulate is incorrect and your parents will not be eligible to apply for a waiver as they have no qualifying relatives. A child is not a qualifying relative for prior unlawful presence. If the consulate accepts it, CIS will deny as a matter of law.
Anamia: There are usually many questions about boarding a plane when your an undocumented person. IS it ok to just show your passport or your Mexican ID, to get to El Paso? Or will there be problems or held ups at the airport?
Laurel: A currently valid passport from your home country should be sufficient, but check with the airline first.
Karen: he was told when he was in jail that his sentence was illegal or fraudulent , but he appeal,and everytime but it was denied
Laurel: They handed him over to criminal court because there is no way to 'sentence' someone to a specific amount of prison time in immigration court. They almost never hand an alien over to criminal authorities for purely immigration violations except human trafficking. Immigration law is civil, not criminal. Very few immigration regulations have corresponding criminal regulations. There was something about your husband they really didn't like if they prosecuted him criminally.
jasmin: my second question is can we have you file our case even though we live in Georgia? will she be able to get permission so she can work legally and drive too> also, what do we have to do so our case can be heard at CDJ? THANKS
Laurel: I am not currently taking new cases, but I can be the consulting attorney on a case if another attorney is the primary. I do have people to recommend, including Annie Schwartz, if you're interested.
Anamia: Do they also read your hardship leeter at the info pass appt?
Laurel: yes
Laurel: I'm not answering any more questions about InfoPass, guys. I'll do more research when I'm down there and share my info.
laurafern11: Let's say a person goes to their visa interview in CDJ and unfortunately finds out about the need for a waiver at that time. They aren't prepared, and let's say for some other reason they can't just wait in CDJ to get an Infopass and turn in their waiver. Can they take two or three months for example to prepare their packet and then schedule the Infopass? Does CDJ really require the person to get the I-601 turned in in 30 days, or is it a year, or is there some other restriction?
Laurel: one year
Anamia: do you need to take two copies of a packet?
Laurel: no. But you do need two packets - one with the consular processing documents and the other with the waiver documents.
RE: Laurel: A currently valid passport from your home country should be sufficient, but check with the airline first.
Does this mean the passport has to be stamped. My husband has a Mexico Passport but it is not Stamped but he also has valid drivers license, Will that work?
Laurel: The stamp doesn't validate the passport, it serves as proof of lawful entry. Just the valid passport should be enough to fly in an airplane. You wouldn't need the driver's license as well. The passport would be photo ID to prove identity. If you've got a currently valid driver's license, you don't need a passport for a domestic flight. But again, check with the airline.
Anamia: from your experience, do you think that alot of people that go to the Embassy are not preparred to the extent that they need to be?
Laurel: At least half are not prepared.
jasmin: YES I AM INTERESTED, WAT IS ANNIE SCHWARTZ. WILL SHE BE ABLE TO HVE OUR CASE SENT CDJ, BUT WILL MY WIFE ABLE TO WOR4K UNTIL OU CASE IS HEARD?
Laurel: Send me an email after the chat.
Melissa: Hi There I have a question. My hubby EWI from Mexico in 2001 and we have a 20 month old son....he was arrested and charged with assault ans battery this yr but prosceutor dismissed with nol pros, do you think this will blow his chances of getting a waiver?
Laurel: He should still be able to get the waiver, but it might interfere with Pilot Program approval. i don't know. I'd have to review the facts of the case.
MARFLORES: What happens when you use another name for alot of years. We married under his real name. Do I put that on the I-130 where it says is you have used other names?
Laurel: Using another name for a long time ... well, its not good. But how bad it is depends on some of the things you've been using it for. If you put your false name on any vital records (e.g. marriage license, baby's birth certificate, etc.) that's extremely serious. If you used a false name on immigration documents, such as a foreign passport, and used it to enter the country multiple times, that's extremely serious. If you just used it to work ... well, maybe that's not as bad as long as you weren't stealing someone's particular identity. You might put it on the I-130 and G-325A where it asks for other names used.
Anamia: Do you think that within that 1/2 of people, they had lawyers prepare their case. I ask this because its amazing to me how so many lawyers, dont prepare cases to the best of their abilities.
Laurel: Most people in Juarez file pro se (i.e. without an attorney). Some file with an attorney who didn't try and/or doesn't know what he/she is doing. Some file with an attorney who tried his/her best but doesn't have the innate talent to understand how to prove a case. You're not just filling out forms here. And some people have attorneys who do great work. I am not the only lawyer who knows how to prepare a quality waiver packet.
Laurel: Ok, guys. Its after noon and I have some catching up to do with client work, having spent about half the business hours over the past two days in the emergency room or the orthopedist's office. See you all in two weeks. Watch my posts on Imm2us and the Juarez forum regarding my trip to Juarez. And, see some of you down there!
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 do not have any news on the backlog, but I will be going down to Juarez in person next week. There will be no chat next week as I won't get back to Houston until late Wednesday afternoon. But I will post any useful information on the Imm2us website and probably the Juarez forum.
JorgeM.: Good morning laurel,
I’m very worry for my wife she had an accident on October 10, of this year She broke her pelvis and her left leg she can’t walk at all and we have our appointment in Ciudad Juarez for the 25 of this month, now I was told if I go to the appointment to Ciudad Juarez and if an officer ask for my wife to go in with me and if she is not there that I could be denied and I could be put on the 10 year bar is that true? How would this accident benefit my case, We asked for the police report but is not ready yet the police department said to call today maybe they will have it ready, and we will be getting the doctors report tomorrow also. Any ideas laurel??? I hired a lawyer and he said that if I give him the police and doctor report that he can probably get a permit for me to see my wife and he also mention that ones I get the permit that I don’t have to go to the appointment anymore is that true???
THANK YOU LAUREL.
Laurel: You only need a police report for Mexico or the US if you have a criminal record of some sort, including any arrests for which there was no conviction. They would probably not allow your wife into the interview even if she was present. But bring proof of her injury just in case. You did not describe any grounds of inadmissibility, so I can't comment on the 10-year bar.
mmartinez: good morning Laure .. when is the best time to make an infopass appointment.. i am trying no luck. my appointment is nov13 wnt to make the infopass for the 16..... is this good timing.?
Laurel: An InfoPass appointment cannot be made more than 2 weeks in advance for CDJ. As for the best time of day to make the appointment, I believe its any time during business hours in CDJ, but I'm going to find out more specifics while I'm down there.
susan: Laurel, is it necessary (or a good idea) to obtain certified court records regarding misdemeanor traffic violations (i.e. driving w/o a license, driving with an expired license)?
Laurel: If the violation falls under the criminal statutes of your state then you need to provide the records.
asolis: My hubby Ewi Feb 2001. We married May 2003. First interview July 2005. Denied waiver due to admission of drug use 10 months prior. Our appeal is next week. Is he eligible for infopass or will he be backlogged?
Laurel: Denied waiver? Do you mean denied a visa and found ineligible to file a waiver? What appeal? You cannot appeal the medical officer's decision.
petal07: Good Morning Laurel...I wanted to thank you so much for all of your help..we were approved through the pilot program on Oct. 1st Thank you, thank you, thank you!
Laurel: Congrats! Happy to help. One down. 10 million to go!
imisshimmuch: Hi Laurel, my case is going through Lima, Peru, my husband overstayed his visa, my "best" hardship is my mental health as i have a history of it. What else do you recommend ? B/c i know you say Lima is tough
Laurel: Its impossible to say without knowing the facts of your case.
laurafern11: From Tasks:
My husband had a misdomeanor charge in High School when he was 17 - stupid stuff like writing on the bathroom walls at school - it was a charge of Vandalism.. It was not an arrest .. They gave it as a traffic ticket.. I can not seem to find whether or not this is actually a Crime Involving Moral Turpitude or not. Even if it is, from what I have read he is cleared because he was under the age of 18 and it has been 5 years since charged and completed the community service.. Is this true? What can we expect from the interviewer? Will this cause him to be sent to the backlog? He also has ONE other ticket for driving without a license which has been paid and other than that he is 100% clean.
Laurel: Vandalism isn't a traffic violation. They may have issued a citation, which is similar to a ticket. I doubt that sort of thing would get his case sent to the backlog, even with the driving without a license thing. Bring official records to the interview for full disclosure.
laurafern11: Is there a rule if you have a felony on your record with regard to filing a waiver? For example, MA's husband has a domestic violence charge and a DUI from seven years ago. She's not sure if the domestic violence charge was a felony, but let's say worst-case scenario it was. Will this make him ineligible for the I-601?
Laurel: Aggravated felony would only make you ineligible to file a waiver if you were already a permanent resident at the time it occured AND St. Cyr does not apply. However, more serious crimes, such as domestic violence, can make it tough to get a waiver approved.
laurafern11:
From Mandy:
Do you believe that the "pilot program" will continue after March of 2008?
Do you know the reason behind the decreased time in I-130 appointments being scheduled?
Also would CDJ expect to have an updated I-864 at the time of your interview if your interview is in Jan. or Feb.?
Laurel: I would be stunned if the Pilot Program did not continue past March of 2008 - its gotten rave reviews from inside and outside the government - though at that point they might stop calling it a Pilot Program and give it a more permanent-sounding name. Juarez is scheduling appointments faster (a) because the consulate hired more staff, and (b) probably because they are working their way through the bubble of cases created when CIS started only adjudicating I-130s when the visa is already available. As for the I-864, you are only supposed to have to sign it once, but they always want updated income information when you go to pick up the visa and if they ask you to do a new I-864, heck, just do it.
laurafern11: Klaudia: I sent the whole package for my husband(I-130, 1-765, I-485 and I-601) to chicago lock box and now the case is at the National Benefits Center. He used a fraudlent (non-US) passport to enter USA 6 years ago. We provided to them (with the original package) the I-94 that he had entered with (of course it was a different name). They send an RFE asking again for the I-94 and we recently sent it again but thought it looked suspicios since they first had it? What do you think of their request for the I-94 again? My other question is: Can the national benefit center deny the entire I-485 aplication without even scheduling an interview? How about the I-765 will my husband be able to get the EAD even if his case could be denied by the center?
thanks
Laurel: If the name on the I-94 doesn't match, you need to explain why. Yes, NBC can deny without it going for an interview if you fail to provide them the requested information and documents. Usually when they send an RFE on the I-485, your EAD is held up and they won't issue the EAD until the RFE issue is resolved.
Karen: how can i bring my husband to the state of georgia legally after he was arrested and jailed for 5 years and deported?
Laurel: He spent five years in prison? Not good. You might be eligible to attempt the waiver process, but a five year prison sentence means serious crime, which means your chances of getting a waiver approved are slim to none.
petal07: We are waiting for my husbands SSN to arrive can he continue to work while we are waiting??
Laurel: If he either has an EAD or a green card or the "temporary I-551" stamp, and he has applied for a SSN either directly through the SSA or on his DS-230, he can work and his employer should write "applied for" wherever the employment forms ask for a social. The IRS has a memo on this.
laurafern11: Did you watch Stephen Colbert on the Daily Show last night? He was annoucing his decision to consider whether or not to run for president. It was hilarious!!!
Laurel: I saw the snipet he put on his own show when he was on Good Morning America. Yes, very funny. I love him.
RE: We got our first appointment scheduled for Nov 20, the Tuesday before Thanksgiving. From all the forums we ssem to be the only ones scheduled for that week. Do you know what kind of schedule they will have that week. The website says closed on Thursday, but was wondering about Friday? Do you have any idea from past years?
Laurel: Last year (or was it two years ago) the consulate accidentally scheduled a bunch of people for the day before Thanksgiving. The consulate was open and people were working, but they weren't conducting interviews. The line was as long as usual and everyone was sent away and told they would get a new appointment notice. That SUCKED! But it was the day before, not two days before. So you should be ok.
ke5fbh: checked with fbi fingerprint and no record will this be a problem and will misrepresentation fall under a 601
Laurel: Ok, I'm glad you did the FBI check. There's a waiver for most types of misrepresentation, EXCEPT: false claim to US citizenship, frivilous asylum claim, and marriage fraud.
JorgeM.: I don't have any criminal record
Laurel: So if you've only ever lived in Mexico and the US, why are you getting a police clearance?
NENA: My husband (USC) was a cocain adicted 20 years ago. He had terapy and has never failed again, but he mentioned that he probably would if he had to separate away from his family. He is not proud of this but cuold ruin his life again. My question is if this cuold be worthed to mention it or would rest weight to the HSL since it's not a positive fact?
Laurel: I think its very relevant to the waiver packet.
nmm: Laurel, my husband filed his waiver in CDJ in Feb. and it was sent to DHS in March. About two months ago, you guessed that we would have a decision by the end of November. Since it seems there has been little movement in CDJ, do you think we should plan on not receiving an answer until next year?
Laurel: I'm not sure what to tell you. I certainly hope it will be decided soon, but I really thought it would have been decided already, so I guess I don't know
asolis: Sorry about that, he was denied the opportunity to file the 601 because of his drug use. They said he could appeal in 26 months, which is next week. They sent us an appt letter. Will he be eligible for the infopass or be backlogged?
Laurel: Ah, ok. Its not an appeal. Its a re-application. He should be able to file through InfoPass ok.
lizliz: my wife is a teacher she has a job offered at my sons school could the school write w letterand speed up the time for her interview
Laurel: That's not a ground for expedite, no.
imisshimmuch: what would our options be if we were denied in Lima ?
Laurel: MTR, appeal, refile
jasmin: Good morning Laurel. I am police officer in Atlanta, Ga. My wife and I have a child together. The problem is that my wife came here illegally. I want to know what can we do? what type of hardship can we show? Will my position as a Police Officer help my wife out with our case? I dont want to lose my wife and son .
Laurel: I've handled police officer cases before. Assuming no additional aggravating cirumstances, and assuming you're going through CDJ, your chances of approval are high. I can't get into all your potential hardship arguments without knowing more about the facts of your case, but one argument any police officer has is that its imperitive that you be able to focus on your work when you're on duty or someone may get killed. Any policeman will have some distractions in his life. That's unavoidable. But if your wife is not permitted to re-enter the US, that's a bigger than normal distraction.
RE: Husband read in the Latino newspaper that starting Nov 2 all Consulates are going to start requiring they do all 10 fingerprints. I thought that was standard, but if not will this slow the process between 1st appt and infopass appt and needing more that 2 days between?
Laurel: I'll ask when I'm down there. Add that to my list. (pause) Is someone keeping a list for me of things I need to ask about? LauraFern?
susan: Lately, I have been hearing a lot about EWIs moving to Canada. From what I understand they are allowed into Canada and can stay until their case is heard, but are likely to be deported. Is that true? Or is it possible to for EWIs to receive residence visas or work visas in Canada?
Laurel: I am not an expert in Canadian immigration law.
susan: How can my fiance get a certified copy of his criminal record? He is afraid to go to the courthouse in our city for fear of being detained? Can I get one for him?
Laurel: I've never had a client get detained while attempting to get a certified copy of a criminal record from the courthouse. But, yes, he can give you power of attorney and you can get it, or he can order it through the mail.
imisshimmuch: any word on the pilot program being used in other countries ????
Laurel: Not yet, but my guess is that Central America - Guatemala or El Salvador - would be next, simply for practical reasons. But I don't have any insider information on that at all. It’s just my guess.
maria: Laurel, I sent my I-129F following I-130 in CSC on August 16th. Do you have a rough estimate if when can I get an interview in Ciudad Juarez for k3? Thanks.
Laurel: My guess is March to May, but processing times are subject to change without notice.
phrogman009: Good morning Laurel, MY wife was ban for 10 years at her CDJ interview. She tried coming in with a VISA belonging to someone else and was caught and then tried to reenter a week later and once again got caught. I'm in the military and it's hard to juggle between work and going down to mexico, specially now that i'm getting ready to deploy. Can you guide me to the correct direction on how to appeal her 10 year ban?
Laurel: Was she found inadmissible under INA 212(a)(9)(C)? When she got caught that first time was she formally deported? Was it after April of 1997?
MARFLORES: Good morning.My husband got arrested for Domestic Violence in 98 in Minnesota. He went to court and to some classes. He did everything they told him to do.In 2000 he got DUI and also did everything and got his DL back. Since he got here in he has used another name and all these charges were with that name. But they fingerprinted him.With all this will he get an approved waiver?
Laurel: Domestic violence is a serious charge. On his waiver he has to really convince them that he's rehabilitated. He needs to disclose his entire criminal record at his consular interview. I won't say he has no chance at getting waiver approval. But you do need to put together a good case.
ladybug: laurel, i can only assume oscar has not responded to your e-mail??
Laurel: No. I had inquired about three cases and no response. I've sent a reminder email. I don't know what's up.
Karen: his 5 years in jail was for entering illegally to the united states and he apply under the 245 I and when he went to his interview ins arested him.
Laurel: And they detained him for five years???
susan: If an EWI is detained by ICE or police, will it matter that the EWI has a petition pending for them? Or is likely, they will be deported?
Laurel: In front of the judge, the EWI should request Voluntary Departure. Watch my video "Advanced Topics: Pre-waiver procedure and maneuvers" at www.youtube.com/laurelscott (http://www.youtube.com/laurelscott)
Laurel: You might not understand everything I've said on that video, but there's some stuff about waiver procedure after you've been picked up. I'm still working on the videos. They take time and I've still got that day job to distract me. But eventually I'll add a video on what to do if you are apprehended by the police or immigration officials.
RE: So if we go for our 1st appointment on Tues Nov 20, should we be ok to schedule the infopass for Friday after Thanksgiving.....given they are open
Laurel: I don't think they'll be open that Friday. But if they are, yea go ahead and schedule.
laurafern11: LOL - I can send you a list if you like when the chat is over.
Laurel: ok
RE: When are you going to Juarez? Hope you have a safe trip.
Laurel: Leaving early Tuesday morning. Arriving in El Paso shortly before lunch. Spending the night at CDJ. Returning to El Paso for a late morning flight. Arriving back in Houston in the mid to late afternoon. I forget exactly when. Fortunately I won't be on crutches after all. But I will have a serious pimp limp and a very unfashionable shoe.
susan: I have heard "buzz" about the consulate in CDJ being closed for the month of December. Is that true?
Laurel: I hope not.
Ely: Hello.. How much time does someone have to file a I-601 after being denied in Ciudad Juarez?
Laurel: A year.
lizliz: i got a felony 15yrs. ago will the stop my wfe getting her visa or the waiver
Laurel: The petitioner's criminal conviction almost never matters except on an I-129F.
Laurel: Or I-600
Karen: yes, 5 years just for illegal reentry and he had paid the $1,000.00 bond for the 245 I
Laurel: There's something strange about this fact set.
phrogman009: Yes under INA 212(a)(9)(c)(II). The first time she was formally deported and the second time she was only finger printed . It happened on DEC 05
Laurel: ok. There's no appeal. The finding is correct. You need to take it up with your Congressman to get the law changed. There are a lot of people in the same position as you.
MAMACITA: I am sure you know about the new Consulate being completed in the near future in Juarez. There is a rumor going around that the Consulate will be closed for 2 months from sometime in mid November to Jan 08? Can you confirm this or not, as I just cannot see a large Consulate the size of CDJ being closed for that long? Catiana from the Juarez forum was recently in CDJ in Aug and said it looks like there remains alot to be done construction wise on this Consulate and think it is due to open in 2008 sometime?
Laurel: I can't imagine they would close for that long.
Pinkpig: JZULUOGA ASKS: I need advice in my case:
I claim for immigrant visa for my parents. The case was approved in USA but they where rejected to have a visa in Bogota - COlombia under section
212(a)(9)( (i)(II), becuase the stayed more than 365 days after the authorized date to saty in USA.
The consul explain them that they qualify for a waiver. My question is what is the chance that they have approval with the waiver . In addition to my letter justifying why they must come to live with me, which other recommendation do you have for me?.
Thanks
Laurel: Unless THEIR parents are US citizens or permanent residents, the consulate is incorrect and your parents will not be eligible to apply for a waiver as they have no qualifying relatives. A child is not a qualifying relative for prior unlawful presence. If the consulate accepts it, CIS will deny as a matter of law.
Anamia: There are usually many questions about boarding a plane when your an undocumented person. IS it ok to just show your passport or your Mexican ID, to get to El Paso? Or will there be problems or held ups at the airport?
Laurel: A currently valid passport from your home country should be sufficient, but check with the airline first.
Karen: he was told when he was in jail that his sentence was illegal or fraudulent , but he appeal,and everytime but it was denied
Laurel: They handed him over to criminal court because there is no way to 'sentence' someone to a specific amount of prison time in immigration court. They almost never hand an alien over to criminal authorities for purely immigration violations except human trafficking. Immigration law is civil, not criminal. Very few immigration regulations have corresponding criminal regulations. There was something about your husband they really didn't like if they prosecuted him criminally.
jasmin: my second question is can we have you file our case even though we live in Georgia? will she be able to get permission so she can work legally and drive too> also, what do we have to do so our case can be heard at CDJ? THANKS
Laurel: I am not currently taking new cases, but I can be the consulting attorney on a case if another attorney is the primary. I do have people to recommend, including Annie Schwartz, if you're interested.
Anamia: Do they also read your hardship leeter at the info pass appt?
Laurel: yes
Laurel: I'm not answering any more questions about InfoPass, guys. I'll do more research when I'm down there and share my info.
laurafern11: Let's say a person goes to their visa interview in CDJ and unfortunately finds out about the need for a waiver at that time. They aren't prepared, and let's say for some other reason they can't just wait in CDJ to get an Infopass and turn in their waiver. Can they take two or three months for example to prepare their packet and then schedule the Infopass? Does CDJ really require the person to get the I-601 turned in in 30 days, or is it a year, or is there some other restriction?
Laurel: one year
Anamia: do you need to take two copies of a packet?
Laurel: no. But you do need two packets - one with the consular processing documents and the other with the waiver documents.
RE: Laurel: A currently valid passport from your home country should be sufficient, but check with the airline first.
Does this mean the passport has to be stamped. My husband has a Mexico Passport but it is not Stamped but he also has valid drivers license, Will that work?
Laurel: The stamp doesn't validate the passport, it serves as proof of lawful entry. Just the valid passport should be enough to fly in an airplane. You wouldn't need the driver's license as well. The passport would be photo ID to prove identity. If you've got a currently valid driver's license, you don't need a passport for a domestic flight. But again, check with the airline.
Anamia: from your experience, do you think that alot of people that go to the Embassy are not preparred to the extent that they need to be?
Laurel: At least half are not prepared.
jasmin: YES I AM INTERESTED, WAT IS ANNIE SCHWARTZ. WILL SHE BE ABLE TO HVE OUR CASE SENT CDJ, BUT WILL MY WIFE ABLE TO WOR4K UNTIL OU CASE IS HEARD?
Laurel: Send me an email after the chat.
Melissa: Hi There I have a question. My hubby EWI from Mexico in 2001 and we have a 20 month old son....he was arrested and charged with assault ans battery this yr but prosceutor dismissed with nol pros, do you think this will blow his chances of getting a waiver?
Laurel: He should still be able to get the waiver, but it might interfere with Pilot Program approval. i don't know. I'd have to review the facts of the case.
MARFLORES: What happens when you use another name for alot of years. We married under his real name. Do I put that on the I-130 where it says is you have used other names?
Laurel: Using another name for a long time ... well, its not good. But how bad it is depends on some of the things you've been using it for. If you put your false name on any vital records (e.g. marriage license, baby's birth certificate, etc.) that's extremely serious. If you used a false name on immigration documents, such as a foreign passport, and used it to enter the country multiple times, that's extremely serious. If you just used it to work ... well, maybe that's not as bad as long as you weren't stealing someone's particular identity. You might put it on the I-130 and G-325A where it asks for other names used.
Anamia: Do you think that within that 1/2 of people, they had lawyers prepare their case. I ask this because its amazing to me how so many lawyers, dont prepare cases to the best of their abilities.
Laurel: Most people in Juarez file pro se (i.e. without an attorney). Some file with an attorney who didn't try and/or doesn't know what he/she is doing. Some file with an attorney who tried his/her best but doesn't have the innate talent to understand how to prove a case. You're not just filling out forms here. And some people have attorneys who do great work. I am not the only lawyer who knows how to prepare a quality waiver packet.
Laurel: Ok, guys. Its after noon and I have some catching up to do with client work, having spent about half the business hours over the past two days in the emergency room or the orthopedist's office. See you all in two weeks. Watch my posts on Imm2us and the Juarez forum regarding my trip to Juarez. And, see some of you down there!