Laura
10-31-2007, 02:47 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: Wow! Small group today! I was expecting hoards of people after my trip to CDJ. Did I really just completely answer everyone's questions with my recent posts?
Laurel: All the mysteries are solved. Now everyone knows all there is to know.
laurafern11: Good morning Laurel!
Laurel: Morning
laurafern11: 1. Any information on whether Panama is getting more strict? Apparently the last two I2US filers have been denied, and the others are worried. Any information or insight?
Laurel: I did just get a denial through Panama. I don't know whether Panama is getting more strict, but I'm beginning to see a pattern in decisions for people with certain grounds of inadmissibility. I may have underestimated the extent to which evading a final order for deportation or failing to comply with VD is an aggravating factor.
Laurel: Not just a pattern for Panama.
laurafern11: 2. From Roxy: My brother-in-law is going to be 17 in Nov. He has a USC uncle. Can the uncle adopt him and file a petition for him before he turns 18 and his days of illegal presence start counting? Will this look "fishy" to USCIS? Are there any special conditions if the child is adopted? Is this even possible?
Laurel: In order to sponsor a child you've adopted, the child must be under 16 at the time of the adoption. Also, if the child is not orphaned or abandoned, you must live with the child for two years before you can sponsor him/her.
laurafern11: 3. If a person is given a voluntary departure order and they do not leave, and let's say two years later they are going for an immigrant visa through their spouse, 1) are they eligible for the waiver, I think yes, but 2) do they need an I-212?
Laurel: Normally if you don't comply with VD, it automatically converts into a deportation order, so yes you will need an I-212 and also an I-601 for the unlawful presence.
MAMACITA: Not really Laurel. It seems as if you were informed mainly of the Pilot program people, and not the old backlog? What ever happened to the adjudicators that Warren announced 6 mo's ago that were supposed to come on board for CDJ? Also it is obvious that he didn't get that assistance so farmed out the backlog thus ending up having the waivers worked out of order! I talked to Mr. B last Friday and he said there were some complaints to the effect of waivers being worked out of order to Congress so CDJ is currently working at a slower pace on those left from the backlog? Do you know if this is true?
Laurel: It all sounds pretty much true. There is no easy answer to the backlog problem. He needs more help. I don't know whether the cases are no longer being sent to other offices due to complaints about them being adjudicated out of order, but that's one possible result of such complaints.
laurafern11: 4. From Larisabell: I entered at U.S. with a C3 visa, and I tried to adjust status via marriage to a USC. The immigration official said I could not adjust status, and they had our case sent to my home country, the Dominican Republic. I am wondering what my chances look like to have an I-601 waiver approved there. I have two USC kids and am married to a USC.
Laurel: I would have to look at what the hardships are to make a prediction on chances for approval. Being married to a USC just means you're eligible to apply. Having two USC kids does not automatically guarantee approval.
mmartinez: Laurel. If I have my appointment on NOV 13 should it be ok if I try to make my appointment on NOV 15 ... I hope I am not pushing it... or should i just try for the 16th ? Laurel my lawyer also finished my packet.. I gave them pictures for the first interview and they made copies and inserted them in my pacekt ....I guess the only good thing is that my packet is 179 pages and they are the last pages .. my health is at the begging?
Laurel: 179 pages is a bit long! But ultimately you include what needs to be included, whether its 17 pages or 170.
laurafern11:
5. From Katseyez: Could you ask Laurel what the typical process is for someone with a misdemeanor attempted possession drug charge is? Our atty says that because it is attempted possession, not possession, this makes all the difference. He recieved 2 yrs probation (which was finished in Feb. 2006. He didn't want to plea guilty in the first place (because he wasn't!!), but his PD sort of forced him in to it. Also, the judge did not read the proper statement word for word informing him of how the conviction could affect his change of status, should he decide to do so in the future. He has other arrests, driving w/o a license, DUI, no insurance, but has never been convicted of any of those. This is his only conviction. We are from Chicago, what is the rule for Illinois records?? I keep hearing that is varies as to whether or not CDJ can see all of his record, regardless of conviction status, depending on the state...Does anyone know?? I read the info. she posted about referrals and wondered if the Advisory Opinion is an option for a conviction, or what if there are other arrests that ended up being non-guilty? Do the officers have the ability to see the whole record, or only convictions?? My husband has a Nov 13 interview, and I was going to try to get him an InfoPass appt., but will he automatically be referred and backlogged because of the arrests and conviction anyway??
Laurel: *** is "attempted possession"? I mean really. What could that mean? Possession is kind of a 'state of being' as opposed to an 'act'. Usually the legal term "attempted" comes before an 'act' of some sort. Anyway, it still sounds like a drug charge to me, which will almost certainly lead to a criminal ground of inadmissibility and if its through the Pilot Program, very likely a Referral. You didn't say what the drug was. I'm assuming marijuana. If its something more, then we really get into some legal stuff about whether to try to get it expunged and whether it is less than a drug charge or what. In such a situation they may deny you the opportunity to file a waiver application and it may end up as an Advisory Opinion with DOS in DC.
laurafern11: 6. Can you now request your completed CRI/IR1 packet to be sent to CDJ if you have a K-3 interview scheduled? I know that you found out that if someone was backlogged and will be picking up their visa it can be converted but what about an upcoming interview?
Laurel: NVC will send the immigrant visa case to Juarez as soon as its finished, even though NVC will be scheduling the interview at CDJ's request. So, there's no need to ask them to forward it to CDJ. I don't know about asking that the K3 be converted to IV interview if you haven't filed the I-601 yet. But you can ask.
Laurel: But you might not want to do that. You see, if your waiver does get Referred, you might be better off if an IV interview is in the works as you could withdraw your backlogged I-601 and refile through the Pilot Program after your IV interview comes up. It might be better to get the approval first and then try to get the IV interview moved up.
7. From Oaxaca: My husband did not show up to court for a traffic ticket issued for driving without insurance and one headlight broken, therefore, a bench warrant was issued for his arrest. However, he was not arrested because he paid a bond and paid the traffic tickets immediately. Is this going to keep him from being approved on the spot? Should I present evidence that this problem was resolved in hardship letter?
Laurel: Because of the arrest you'll need to provide documentation about it both at the consular interview and in the waiver packet. But as its not a criminal conviction of any sort its not going to lead to criminal grounds of inadmissibility and won't necessarily lead to a denial or referral of the waiver packet.
cm21om25: Laurel, I had sent you an email in the Subject line Consultation and 2008) and you had not responded, Is email not the best way to contact you?
Laurel: It is. You're on my list of people to get back to. The reason I had to stop taking clients for a while was because my workload got so congested I was having trouble making timely replies to emails and voicemail. I'm working through my own personal "backlog". Its getting there. I'm making headway. I will reply to your email.
laurafern11: 8. From V&M: I apply for a k-3 visa, January 25th, 2007 I had my visa appoinment, filed the waiver February 1st, and it is still pending, now i got my appoinment for the I-130 next December 3th. My question is - can i file another waiver through the pilot program?
Laurel: Yes, but you may need to withdraw the first one. Just know that if your newly filed waiver does get Referred, you'll be put at the back of the line. So consider carefully whether you are sure you want to do that. Another option is to go to the IV interview and just not schedule an InfoPass appointment yet. It doesn't have to be scheduled right away. You have up to a year to do so.
Laurel: That way if your case is denied through the backlog, you can immediately or almost immediately refile through the Pilot Program.
JMG: Hello. Well this is situation. My wife has been charged with C2 becuase of a mistake she did on an I-9 form. when she filled out the form she meant to check for national becuase she had attended high school for 2 years and being a very good student she thought she could fit into that category
Laurel: How did they find out what was on her I-9?
There are very strict rules for claiming you had a bona fide belief that you were, in fact, a US citizen or national. I don't think that attending high school for two years fits into the 'bona fide belief' rules. I'm sorry.
raiden-wash: Hi Laurel, I wanted to know if while I am in CDJ could I possibly switch from CR-1 to IR-1? I have been married for over three years now.
Laurel: After all these years of practicing I'm still not sure whether you have to be married for two years at the time the I-130 is approved or the time the visa is issued. Send a fax at least three weeks in advance of the interview so that if they decide you're eligible for the IR1, they'll have time to make the change.
JuarezBound: Did you by chance find out the schedule for Juarez during the week of Thanksgiving? What days are open/closed?
Laurel: I didn't ask, but it should be posted on the consulate's website. The CIS office will follow the consulate's vacation schedule.
cm21om25: Its was supposed to be (Consultation and 2008) not a unhappy face.
Laurel: I know. LOL. It does the same thing to me sometimes when I'm citing statutes.
Kevin: My fiance was detained while traveling and the detaining officer said he'd make it so she could come back if she fully cooperated, so she did (gave them all information they asked for and they confirmed what she said was true). She's a 10 year overstay. He granted her VD and in her passport wrote "voided under 222(g) of the INS code (with date)" and told her he wouldn't apply the 212(a)(9)(b) bar against her. Neither the VD form nor her passport says anything about the 212 bar - can he do that or do you think he was just telling her what she wanted to hear to get her to leave voluntarily?
Laurel: He lied. He doesn't have the authority to waive the bar for her.
NENA: How can we prove that my husband USC had rehab terapy?. It happens long time ago and they purged the records.
Laurel: Yes. Testimony from several people who knew him at the time and have personal knowledge that he did rehab, along with a letter from the organization stating that records from that date have been purged.
Pinkpig: I am thinking that Laurafern11 has a couple of questions for you....Happy Halloween!
Laurel: Happy Halloween! Carved pumpkins with the kids last night. I'm not doing that again without my sister's help.
JMG: Immigration officers came to her house and pretty much said that she was been charged for that. She was very scared and didn't explain how it had happened. I would like to know if there is anything we can do. I read somewhere that the Texas Service Center still accept applications where the alian has commited a similar mistake, Is it ture??
Laurel: They must have done a raid on the employer. You see, the I-9 does not get sent to CIS or any Immigration agency. The employer is supposed to hang on to it in case there's an inspection of some sort. I've got Lizz's.
Laurel: ... somewhere ... I think ... I know I did one ...
mmartinez: Did you find out when are the best times to get infopasses.. Central time perferably
Laurel: I asked. He smiled when I asked and didn't tell me. I think probably around lunchtime. Not sure.
JuarezBound: After one of our forum buddies husband getting picked up and deported in ElPaso on his way to the interview what are your thoughts of traveling now. Do you think it is safer to take a direct fly straight into Mexico.
Laurel: That happened to someone? Crap. That's not a good use of government money to formally deport someone who is on his way out anyway. (pause) I still think that flying in to El Paso and taking a cab over is the best thing to do. Its way cheaper. But you know, its your choice if you'd prefer to fly straight to MX.
cmct: On 08/1997 myhusband was charged with 5th degree domestic assault (gross misdemeanor). I requested his report and on one sheet it says case dismissed (hand written). I have all those papers certified. What are his chances of getting approved through the pilot program?
Laurel: Domestic violence is taken very seriously. You need to get the police report to find out what happened and get his side of the story as well. Its not an automatic referral if the charges were dismissed, but if they can't see right away that it was dismissed because the charges were unfounded, a referral would not be especially surprising.
Pinkpig: I know that you have answered this on a previous chat but I cannot find the post. So...Does a deportation before the age of 18 or before the magic date in April '97, count? Laurafern11 is probably asking this as well as it keeps coming up on I2. So I promise that we will get it clarified and in print this time.
Laurel: Yes.
Laurel: 9C will be triggered if the deportation was before 1997 as long as the subsequent EWI was after 1997. 9C will be triggered even if both the deportation and the subsequent EWI happened before age 18.
Laurel: 9C is not triggered if both the deportation and subsequent EWI were before 1997.
pgarriques: so tell us what you learned in CDJ
Laurel: It was colder and more expensive than I thought it would be.
Pinkpig: When you need the I-212 in addition to the I-601 do they always get filed and adjudicated together at the foreign consulate? If you only need the I-212 does it always get filed and adjudicated in the US at the POE where the deportation took place? Would there be a situation where the foreign consulate adjudictaes the I-601 and the petitioner has to file the I-212 in the US at the POE where the deportation took place? What a mouthfull!
Laurel: 8 CFR is clear that when you need both I-212 and I-601 they should be filed together at the consulate. You wouldn't WANT to file them separately anway. If you only need an I-212 and not an I-601 (unusual situation, but it happens), then you only file the I-212 at the consulate if you're applying for a K1. Now, what do you do if you don't know whether the consulate is going to make a finding of misrep so you don't know whether you'll need an I-601?? I've expressed this concern to CIS and I boldly asked for a memo superceding 8 CFR. Such a memo is doubtful, but we'll see.
truckita: i have possibilities to obtain a waiver if my husband has a son of another marriage and pays child support and spuose support .. I 'm salvadoran
Laurel: I've used that line of argument before, but hopefully its not your only argument. It's part of the picture. Could it ever be enough for an approval all by itself? Well, never say never.
Laurel: Maybe.
MAMACITA: Thanks Laurel but really sounds like Warren, and Mr. B really didn't address in any detail to you about the old backlogged files, that is really sad as I truly - my opinion only think we really should have been given priority over anything else instead of being left in a corner to ponder and "say oh well, not enough help, we'll get to them when we can"! Sorry but this Friday will mark 1 yr since our initial interview in CDJ!
Laurel: Mr. B doesn't have anything to do with it. The backlogged files are in the hands of CIS and Mr. B works for the consulate. Warren is trying to handle the backlog and is constantly trying to think of creative ways to reduce it without the additional staff he keeps pushing the government to give him. You should be complaining to your Congressman about the fact that even though the filing fees doubled, the staff has not.
Laurel: But don't complain to your Congressman about some of the creative ways Warren has tried to deal with the problem.
MrsDre: Do I need to include a copy of court documents from here in the US with my husband's visa app. I called NVC and they told me they didn't need any documents from the US, but this doesn't sound right to me. He got a ticket for driving without a licence and failure to stop earlier this year. Pled guilty and paid in full.
Laurel: You don't normally need a Police Clearance from the US, but you do need court documents for any arrests. For the traffic violations you describe, whether he really needs anything depends on whether any of the violations are considered criminal offenses, rather than merely traffic offenses, in your State. Even so, I'd play it safe and bring everything.
laurafern11: Maybe we are not going to have enough real immigration questions today... If not, maybe you can tell us, when you decided to go to law school, did you already have immigration law in mind, or did you decide during school? I wonder if it is a positive or a negative to state a very specific career goal in my personal statement?
Laurel: I think we're getting "real" immigration questions now. But to answer your question, when I started law school, I was already thinking I'd do Immigration, but I hadn't completely ruled out other possibilities yet. Environmental Law was a possibility as I have a Master's Degree in Environmental Management.
jasonb: Laurel- My friend's husband had his visa interview in C. Juarez in Aug.'06. They have paid for all of his immigration fees. This month they received his appt. date to pick-up his visa. Since it has been a year that he had his interview, does he have to pay the immigration fees again or once you pay them you don't have to pay second time. Thank you
Laurel: A few months ago they announced that they are no longer requesting that you pay the fees a second time in this situation.
MAMACITA: Laurel, do you currently have any clients still caught up in the old backlog unapproved and waiting?
Laurel: I think one. And then I have a few who were referred, so that's not really the "old" backlog.
MrsDre: Also, wondering if you have any news - or even just a hunch - about implementation of the Pilot Program in other Central American countries (Honduras!) next year? Did you get any info on what the big meeting in Panama was all about? Thanks!
Laurel: The meeting in Panama was a regularly scheduled training session. As for whether they will implement the Pilot Program in other locations, any statement in that regard would be pure speculation. I tried to get the scoop on this, but got nada.
laurafern11: Laurel - I know for sure that my I-130 was approved well before my 2-year wedding anniversary, and by the time our waiver was approved and our visa was issued we had passed our 3-year anniversary and were given an IR. Maybe that will give Raiden at least an idea.
MAMACITA: Did you happen to ask if they had a projected time for CDJ to move to new building and if they were going to close down for a few days and or weeks?
Laurel: They will be moving Summer 2008 and may close the consulate for a few days, but absolutely not for a while month.
JMG: well, It seems like someone at work got in contact with the immigation officers and said that she was telling people a work that she was a USC. That is not true because the only thing she did was to tell one of her coworkers that she was not legal in the country. That is the girl who probably gave her away. When she check off national she didn't really know what she was doing. She just wanted to get a job.
Laurel: Ok. So she got turned in by a hater. Even so, she's not going to get out of what's on her I-9.
gstar9674: Laurel i have a question about the ban for life, if my husband claimed unemployment a long time ago and checked the box that said "are you a citizen" will he be banned for life ?
Laurel: Hmm. Employment is considered an immigration benefit. But is unemployment insurance? I don't think there's been a case clarifying that. For now I'm going to say its not 6Cii, but if it goes to court, I would not be surprised if a higher court said that it was. There's always that precedent case.
petal07: Happy Halloween Laurel...can you tell me what the penalty is for someone who worked in the US while having only a tourist visa? Will they be elligible to get another tourist visa? And what will happen if they decide to file a I-130?
Laurel: Working without employment authorization is no worse than being unlawfully present. It actually affects people with valid visas more than people who enter without inspection. Working without authorization will end your period of lawful presence if you're here legally. So, as soon as the person on a visitor's visa started working, they went out of status, and their period of unlawful presence commences on the date of first employment. Also, if you come in on a visitor's visa and work within 60 days of entering, you may wind up with a finding of misrepresentation under the 30/60 day rule. The 30/60 day rule only applies at the consulate. If you're adjusting status, there's no 30/60 day rule, BUT you could still get hit with "preconceived intent", which is sometimes an issue in an AOS.
Pinkpig: Laurel, Have a great time with the trick or treaters....I love Halloween...I think it is that peanut butter taffy that gets me everytime.
Laurel: Peanut butter taffy? Yuck. I bought peppermint patties for the little goblins. Halloween will be a bit tricky (no pun intended) with my broken foot. But my sister is helping us out. Its after 12:00, so I'm signing off guys. I'll see you here next week.
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: Wow! Small group today! I was expecting hoards of people after my trip to CDJ. Did I really just completely answer everyone's questions with my recent posts?
Laurel: All the mysteries are solved. Now everyone knows all there is to know.
laurafern11: Good morning Laurel!
Laurel: Morning
laurafern11: 1. Any information on whether Panama is getting more strict? Apparently the last two I2US filers have been denied, and the others are worried. Any information or insight?
Laurel: I did just get a denial through Panama. I don't know whether Panama is getting more strict, but I'm beginning to see a pattern in decisions for people with certain grounds of inadmissibility. I may have underestimated the extent to which evading a final order for deportation or failing to comply with VD is an aggravating factor.
Laurel: Not just a pattern for Panama.
laurafern11: 2. From Roxy: My brother-in-law is going to be 17 in Nov. He has a USC uncle. Can the uncle adopt him and file a petition for him before he turns 18 and his days of illegal presence start counting? Will this look "fishy" to USCIS? Are there any special conditions if the child is adopted? Is this even possible?
Laurel: In order to sponsor a child you've adopted, the child must be under 16 at the time of the adoption. Also, if the child is not orphaned or abandoned, you must live with the child for two years before you can sponsor him/her.
laurafern11: 3. If a person is given a voluntary departure order and they do not leave, and let's say two years later they are going for an immigrant visa through their spouse, 1) are they eligible for the waiver, I think yes, but 2) do they need an I-212?
Laurel: Normally if you don't comply with VD, it automatically converts into a deportation order, so yes you will need an I-212 and also an I-601 for the unlawful presence.
MAMACITA: Not really Laurel. It seems as if you were informed mainly of the Pilot program people, and not the old backlog? What ever happened to the adjudicators that Warren announced 6 mo's ago that were supposed to come on board for CDJ? Also it is obvious that he didn't get that assistance so farmed out the backlog thus ending up having the waivers worked out of order! I talked to Mr. B last Friday and he said there were some complaints to the effect of waivers being worked out of order to Congress so CDJ is currently working at a slower pace on those left from the backlog? Do you know if this is true?
Laurel: It all sounds pretty much true. There is no easy answer to the backlog problem. He needs more help. I don't know whether the cases are no longer being sent to other offices due to complaints about them being adjudicated out of order, but that's one possible result of such complaints.
laurafern11: 4. From Larisabell: I entered at U.S. with a C3 visa, and I tried to adjust status via marriage to a USC. The immigration official said I could not adjust status, and they had our case sent to my home country, the Dominican Republic. I am wondering what my chances look like to have an I-601 waiver approved there. I have two USC kids and am married to a USC.
Laurel: I would have to look at what the hardships are to make a prediction on chances for approval. Being married to a USC just means you're eligible to apply. Having two USC kids does not automatically guarantee approval.
mmartinez: Laurel. If I have my appointment on NOV 13 should it be ok if I try to make my appointment on NOV 15 ... I hope I am not pushing it... or should i just try for the 16th ? Laurel my lawyer also finished my packet.. I gave them pictures for the first interview and they made copies and inserted them in my pacekt ....I guess the only good thing is that my packet is 179 pages and they are the last pages .. my health is at the begging?
Laurel: 179 pages is a bit long! But ultimately you include what needs to be included, whether its 17 pages or 170.
laurafern11:
5. From Katseyez: Could you ask Laurel what the typical process is for someone with a misdemeanor attempted possession drug charge is? Our atty says that because it is attempted possession, not possession, this makes all the difference. He recieved 2 yrs probation (which was finished in Feb. 2006. He didn't want to plea guilty in the first place (because he wasn't!!), but his PD sort of forced him in to it. Also, the judge did not read the proper statement word for word informing him of how the conviction could affect his change of status, should he decide to do so in the future. He has other arrests, driving w/o a license, DUI, no insurance, but has never been convicted of any of those. This is his only conviction. We are from Chicago, what is the rule for Illinois records?? I keep hearing that is varies as to whether or not CDJ can see all of his record, regardless of conviction status, depending on the state...Does anyone know?? I read the info. she posted about referrals and wondered if the Advisory Opinion is an option for a conviction, or what if there are other arrests that ended up being non-guilty? Do the officers have the ability to see the whole record, or only convictions?? My husband has a Nov 13 interview, and I was going to try to get him an InfoPass appt., but will he automatically be referred and backlogged because of the arrests and conviction anyway??
Laurel: *** is "attempted possession"? I mean really. What could that mean? Possession is kind of a 'state of being' as opposed to an 'act'. Usually the legal term "attempted" comes before an 'act' of some sort. Anyway, it still sounds like a drug charge to me, which will almost certainly lead to a criminal ground of inadmissibility and if its through the Pilot Program, very likely a Referral. You didn't say what the drug was. I'm assuming marijuana. If its something more, then we really get into some legal stuff about whether to try to get it expunged and whether it is less than a drug charge or what. In such a situation they may deny you the opportunity to file a waiver application and it may end up as an Advisory Opinion with DOS in DC.
laurafern11: 6. Can you now request your completed CRI/IR1 packet to be sent to CDJ if you have a K-3 interview scheduled? I know that you found out that if someone was backlogged and will be picking up their visa it can be converted but what about an upcoming interview?
Laurel: NVC will send the immigrant visa case to Juarez as soon as its finished, even though NVC will be scheduling the interview at CDJ's request. So, there's no need to ask them to forward it to CDJ. I don't know about asking that the K3 be converted to IV interview if you haven't filed the I-601 yet. But you can ask.
Laurel: But you might not want to do that. You see, if your waiver does get Referred, you might be better off if an IV interview is in the works as you could withdraw your backlogged I-601 and refile through the Pilot Program after your IV interview comes up. It might be better to get the approval first and then try to get the IV interview moved up.
7. From Oaxaca: My husband did not show up to court for a traffic ticket issued for driving without insurance and one headlight broken, therefore, a bench warrant was issued for his arrest. However, he was not arrested because he paid a bond and paid the traffic tickets immediately. Is this going to keep him from being approved on the spot? Should I present evidence that this problem was resolved in hardship letter?
Laurel: Because of the arrest you'll need to provide documentation about it both at the consular interview and in the waiver packet. But as its not a criminal conviction of any sort its not going to lead to criminal grounds of inadmissibility and won't necessarily lead to a denial or referral of the waiver packet.
cm21om25: Laurel, I had sent you an email in the Subject line Consultation and 2008) and you had not responded, Is email not the best way to contact you?
Laurel: It is. You're on my list of people to get back to. The reason I had to stop taking clients for a while was because my workload got so congested I was having trouble making timely replies to emails and voicemail. I'm working through my own personal "backlog". Its getting there. I'm making headway. I will reply to your email.
laurafern11: 8. From V&M: I apply for a k-3 visa, January 25th, 2007 I had my visa appoinment, filed the waiver February 1st, and it is still pending, now i got my appoinment for the I-130 next December 3th. My question is - can i file another waiver through the pilot program?
Laurel: Yes, but you may need to withdraw the first one. Just know that if your newly filed waiver does get Referred, you'll be put at the back of the line. So consider carefully whether you are sure you want to do that. Another option is to go to the IV interview and just not schedule an InfoPass appointment yet. It doesn't have to be scheduled right away. You have up to a year to do so.
Laurel: That way if your case is denied through the backlog, you can immediately or almost immediately refile through the Pilot Program.
JMG: Hello. Well this is situation. My wife has been charged with C2 becuase of a mistake she did on an I-9 form. when she filled out the form she meant to check for national becuase she had attended high school for 2 years and being a very good student she thought she could fit into that category
Laurel: How did they find out what was on her I-9?
There are very strict rules for claiming you had a bona fide belief that you were, in fact, a US citizen or national. I don't think that attending high school for two years fits into the 'bona fide belief' rules. I'm sorry.
raiden-wash: Hi Laurel, I wanted to know if while I am in CDJ could I possibly switch from CR-1 to IR-1? I have been married for over three years now.
Laurel: After all these years of practicing I'm still not sure whether you have to be married for two years at the time the I-130 is approved or the time the visa is issued. Send a fax at least three weeks in advance of the interview so that if they decide you're eligible for the IR1, they'll have time to make the change.
JuarezBound: Did you by chance find out the schedule for Juarez during the week of Thanksgiving? What days are open/closed?
Laurel: I didn't ask, but it should be posted on the consulate's website. The CIS office will follow the consulate's vacation schedule.
cm21om25: Its was supposed to be (Consultation and 2008) not a unhappy face.
Laurel: I know. LOL. It does the same thing to me sometimes when I'm citing statutes.
Kevin: My fiance was detained while traveling and the detaining officer said he'd make it so she could come back if she fully cooperated, so she did (gave them all information they asked for and they confirmed what she said was true). She's a 10 year overstay. He granted her VD and in her passport wrote "voided under 222(g) of the INS code (with date)" and told her he wouldn't apply the 212(a)(9)(b) bar against her. Neither the VD form nor her passport says anything about the 212 bar - can he do that or do you think he was just telling her what she wanted to hear to get her to leave voluntarily?
Laurel: He lied. He doesn't have the authority to waive the bar for her.
NENA: How can we prove that my husband USC had rehab terapy?. It happens long time ago and they purged the records.
Laurel: Yes. Testimony from several people who knew him at the time and have personal knowledge that he did rehab, along with a letter from the organization stating that records from that date have been purged.
Pinkpig: I am thinking that Laurafern11 has a couple of questions for you....Happy Halloween!
Laurel: Happy Halloween! Carved pumpkins with the kids last night. I'm not doing that again without my sister's help.
JMG: Immigration officers came to her house and pretty much said that she was been charged for that. She was very scared and didn't explain how it had happened. I would like to know if there is anything we can do. I read somewhere that the Texas Service Center still accept applications where the alian has commited a similar mistake, Is it ture??
Laurel: They must have done a raid on the employer. You see, the I-9 does not get sent to CIS or any Immigration agency. The employer is supposed to hang on to it in case there's an inspection of some sort. I've got Lizz's.
Laurel: ... somewhere ... I think ... I know I did one ...
mmartinez: Did you find out when are the best times to get infopasses.. Central time perferably
Laurel: I asked. He smiled when I asked and didn't tell me. I think probably around lunchtime. Not sure.
JuarezBound: After one of our forum buddies husband getting picked up and deported in ElPaso on his way to the interview what are your thoughts of traveling now. Do you think it is safer to take a direct fly straight into Mexico.
Laurel: That happened to someone? Crap. That's not a good use of government money to formally deport someone who is on his way out anyway. (pause) I still think that flying in to El Paso and taking a cab over is the best thing to do. Its way cheaper. But you know, its your choice if you'd prefer to fly straight to MX.
cmct: On 08/1997 myhusband was charged with 5th degree domestic assault (gross misdemeanor). I requested his report and on one sheet it says case dismissed (hand written). I have all those papers certified. What are his chances of getting approved through the pilot program?
Laurel: Domestic violence is taken very seriously. You need to get the police report to find out what happened and get his side of the story as well. Its not an automatic referral if the charges were dismissed, but if they can't see right away that it was dismissed because the charges were unfounded, a referral would not be especially surprising.
Pinkpig: I know that you have answered this on a previous chat but I cannot find the post. So...Does a deportation before the age of 18 or before the magic date in April '97, count? Laurafern11 is probably asking this as well as it keeps coming up on I2. So I promise that we will get it clarified and in print this time.
Laurel: Yes.
Laurel: 9C will be triggered if the deportation was before 1997 as long as the subsequent EWI was after 1997. 9C will be triggered even if both the deportation and the subsequent EWI happened before age 18.
Laurel: 9C is not triggered if both the deportation and subsequent EWI were before 1997.
pgarriques: so tell us what you learned in CDJ
Laurel: It was colder and more expensive than I thought it would be.
Pinkpig: When you need the I-212 in addition to the I-601 do they always get filed and adjudicated together at the foreign consulate? If you only need the I-212 does it always get filed and adjudicated in the US at the POE where the deportation took place? Would there be a situation where the foreign consulate adjudictaes the I-601 and the petitioner has to file the I-212 in the US at the POE where the deportation took place? What a mouthfull!
Laurel: 8 CFR is clear that when you need both I-212 and I-601 they should be filed together at the consulate. You wouldn't WANT to file them separately anway. If you only need an I-212 and not an I-601 (unusual situation, but it happens), then you only file the I-212 at the consulate if you're applying for a K1. Now, what do you do if you don't know whether the consulate is going to make a finding of misrep so you don't know whether you'll need an I-601?? I've expressed this concern to CIS and I boldly asked for a memo superceding 8 CFR. Such a memo is doubtful, but we'll see.
truckita: i have possibilities to obtain a waiver if my husband has a son of another marriage and pays child support and spuose support .. I 'm salvadoran
Laurel: I've used that line of argument before, but hopefully its not your only argument. It's part of the picture. Could it ever be enough for an approval all by itself? Well, never say never.
Laurel: Maybe.
MAMACITA: Thanks Laurel but really sounds like Warren, and Mr. B really didn't address in any detail to you about the old backlogged files, that is really sad as I truly - my opinion only think we really should have been given priority over anything else instead of being left in a corner to ponder and "say oh well, not enough help, we'll get to them when we can"! Sorry but this Friday will mark 1 yr since our initial interview in CDJ!
Laurel: Mr. B doesn't have anything to do with it. The backlogged files are in the hands of CIS and Mr. B works for the consulate. Warren is trying to handle the backlog and is constantly trying to think of creative ways to reduce it without the additional staff he keeps pushing the government to give him. You should be complaining to your Congressman about the fact that even though the filing fees doubled, the staff has not.
Laurel: But don't complain to your Congressman about some of the creative ways Warren has tried to deal with the problem.
MrsDre: Do I need to include a copy of court documents from here in the US with my husband's visa app. I called NVC and they told me they didn't need any documents from the US, but this doesn't sound right to me. He got a ticket for driving without a licence and failure to stop earlier this year. Pled guilty and paid in full.
Laurel: You don't normally need a Police Clearance from the US, but you do need court documents for any arrests. For the traffic violations you describe, whether he really needs anything depends on whether any of the violations are considered criminal offenses, rather than merely traffic offenses, in your State. Even so, I'd play it safe and bring everything.
laurafern11: Maybe we are not going to have enough real immigration questions today... If not, maybe you can tell us, when you decided to go to law school, did you already have immigration law in mind, or did you decide during school? I wonder if it is a positive or a negative to state a very specific career goal in my personal statement?
Laurel: I think we're getting "real" immigration questions now. But to answer your question, when I started law school, I was already thinking I'd do Immigration, but I hadn't completely ruled out other possibilities yet. Environmental Law was a possibility as I have a Master's Degree in Environmental Management.
jasonb: Laurel- My friend's husband had his visa interview in C. Juarez in Aug.'06. They have paid for all of his immigration fees. This month they received his appt. date to pick-up his visa. Since it has been a year that he had his interview, does he have to pay the immigration fees again or once you pay them you don't have to pay second time. Thank you
Laurel: A few months ago they announced that they are no longer requesting that you pay the fees a second time in this situation.
MAMACITA: Laurel, do you currently have any clients still caught up in the old backlog unapproved and waiting?
Laurel: I think one. And then I have a few who were referred, so that's not really the "old" backlog.
MrsDre: Also, wondering if you have any news - or even just a hunch - about implementation of the Pilot Program in other Central American countries (Honduras!) next year? Did you get any info on what the big meeting in Panama was all about? Thanks!
Laurel: The meeting in Panama was a regularly scheduled training session. As for whether they will implement the Pilot Program in other locations, any statement in that regard would be pure speculation. I tried to get the scoop on this, but got nada.
laurafern11: Laurel - I know for sure that my I-130 was approved well before my 2-year wedding anniversary, and by the time our waiver was approved and our visa was issued we had passed our 3-year anniversary and were given an IR. Maybe that will give Raiden at least an idea.
MAMACITA: Did you happen to ask if they had a projected time for CDJ to move to new building and if they were going to close down for a few days and or weeks?
Laurel: They will be moving Summer 2008 and may close the consulate for a few days, but absolutely not for a while month.
JMG: well, It seems like someone at work got in contact with the immigation officers and said that she was telling people a work that she was a USC. That is not true because the only thing she did was to tell one of her coworkers that she was not legal in the country. That is the girl who probably gave her away. When she check off national she didn't really know what she was doing. She just wanted to get a job.
Laurel: Ok. So she got turned in by a hater. Even so, she's not going to get out of what's on her I-9.
gstar9674: Laurel i have a question about the ban for life, if my husband claimed unemployment a long time ago and checked the box that said "are you a citizen" will he be banned for life ?
Laurel: Hmm. Employment is considered an immigration benefit. But is unemployment insurance? I don't think there's been a case clarifying that. For now I'm going to say its not 6Cii, but if it goes to court, I would not be surprised if a higher court said that it was. There's always that precedent case.
petal07: Happy Halloween Laurel...can you tell me what the penalty is for someone who worked in the US while having only a tourist visa? Will they be elligible to get another tourist visa? And what will happen if they decide to file a I-130?
Laurel: Working without employment authorization is no worse than being unlawfully present. It actually affects people with valid visas more than people who enter without inspection. Working without authorization will end your period of lawful presence if you're here legally. So, as soon as the person on a visitor's visa started working, they went out of status, and their period of unlawful presence commences on the date of first employment. Also, if you come in on a visitor's visa and work within 60 days of entering, you may wind up with a finding of misrepresentation under the 30/60 day rule. The 30/60 day rule only applies at the consulate. If you're adjusting status, there's no 30/60 day rule, BUT you could still get hit with "preconceived intent", which is sometimes an issue in an AOS.
Pinkpig: Laurel, Have a great time with the trick or treaters....I love Halloween...I think it is that peanut butter taffy that gets me everytime.
Laurel: Peanut butter taffy? Yuck. I bought peppermint patties for the little goblins. Halloween will be a bit tricky (no pun intended) with my broken foot. But my sister is helping us out. Its after 12:00, so I'm signing off guys. I'll see you here next week.