inlimbo
07-11-2007, 04:51 PM
I'm going to try to post the chat -- keep your fingers crossed that the internet connection in Mexico doesn't let me down!
Laurel: Good morning everyone. We are about to begin.
Laurel: 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: There were some things posted on the Immigrate2us.net website that I wanted to address today. Someone asked about the Evil Three in Juarez: common problems that lead to a finding of ineligibility to apply for a waiver. Those three things are (1) accusation of drug abuse, (2) INA 212(a)(9)(C), and (3) false claim of US citizenship.
Laurel: At the medical exam they will ask you if you have ever taken drugs. If you reply that you have taken any drugs at all ever in your life you will be referred to the psychologist. There are reports of the medical staff and/or psychologist telling people that if they have any drug use ever that the medical exam will discover that. This is not true.
Laurel: The medical exam WILL reveal very recent drug use, but anything from over a few weeks ago will not appear. Technically, testing one’s hair can reveal certain types of drug use from months past, but they don’t test your hair at the medical. Also, doing a biopsy of one’s deep tissue or bone may reveal drug use from long ago, but they don’t do that either as it would be a very invasive exam.
Laurel: There have been many stories and reports that if you tell the doctor or psychologist in Juarez that you had any drug use at all in the past three years you will be found to be a drug abuser. They do not appear to be complying with the Foreign Affairs Manual or CDC regulations regarding the exception for mere experimentation. If you are found to be a drug abuser, YOU WILL NOT BE PERMITTED TO FILE YOUR I-601 FOR THREE YEARS. There is no appeal no matter how stupid the finding.
Laurel: Regarding INA 212(a)(9)(C) – this section of law applies if either: (1) you are unlawfully present for more than a year in the aggregate and SUBSEQUENTLY leave and come back without inspection (EWI), or (2) you are deported/removed and SUBSEQUENTLY come back without inspection.
Laurel: Ciudad Juarez is currently interpreting “without inspection” to mean that you came back at a place other than a point of inspection. Ciudad Juarez is also currently applying the exceptions to unlawful presence found in INA 212a9B to 9C. These exceptions include, but are not limited to: unlawful presence before age 18 and unlawful presence before April of 1997.
Laurel: Note that a deportation before April of 1997 and subsequent EWI after 1997 does trigger 9C as does a deportation before age 18 and subsequent EWI regardless of age. If you are found inadmissible under 9C, YOU WILL NOT BE PERMITTED TO FILE YOUR I-601 FOR TEN YEARS.
Laurel: Regarding false claim of citizenship: if you ever claimed to be a US citizen to get any kind of immigration benefit, such as entry to the US or a visa, you will be found permanently inadmissible to the US and YOU WILL NEVER BE PERMITTED TO FILE YOUR I-601.
Laurel: Ok, I also promised to answer someone’s question from the forum. The question was “Has anyone ever made a mistake on the information provided on the biographic date (G-325, I think that's the form) as far as the dates of the residence for your spouse? If so, did you fix this on your DS-230 and were you able to explain this at your interview?” The answer is – it depends on where you are in the process.
Laurel: If your I-130 or I-129F (depending on what the G-325A was filed with) has not been adjudicated yet, you might consider sending a revised G-325A to the office that’s adjudicating it. Be sure to send a copy of the receipt notice for the I-130 or I-129F with your corrected G-325A. If the mistake is major and the petition hasn’t been adjudicated yet, this is the best thing to do. If the mistake is minor or if the petition has already been adjudicated, then you can choose to just give the correct information on the DS-230 and point out that there was an error on the G-325A either in writing if sending to NVC or orally if submitting the DS-230 at a K interview.
Laurel: I’d say if the dates are off by a few months here and there on the employment history or address history, and the difference is not material, it’s a minor mistake. If the change in the dates makes the difference between a 9C finding and a 9B finding, it’s a major mistake.
Laurel: Now, I know you all want to know what’s going on down in Juarez. I’ve heard some unofficial things. All I can say right now is that even though I don’t think the extra adjudicators have arrived, the CIS officials in Juarez and Mexico City are seriously putting in overtime on the waivers and expect to clear up the backlog ‘soon’. I hope to post an official announcement with dates and figures soon. Yes, ‘soon’ is the most exact statement I can make at this time.
Laurel: In case you're all wondering, no I can't type quite that fast. I spent about 45 minutes this morning preparing the above. Now, on to live questions.
dannyhenri: Hi Laurel,
I am interested in working with you if it is possible, however, I do not know if you would be able to take our case.
We consulted a big firm in SF and he said we should wait to see what happened to the bill.
If it did not pass, he would be able to take our case and apply for the hardship wavier.
We told him our situation and he said it should not be a problem since the approval rate is high.
He never mentioned the EWI, twice would bar my fiancé and to converse with him, I feel like I am bothering him.
Having been on the board and reading the postings, the EWI, twice would actually bar him from the waiver. So maybe I must have missed understood the process since he was willing to take the case.
My finance was here in 1999 and left to visit his family. On his return two years ago, he was caught crossing by the patrol and turned back and then he made it back here and has been here since.
He has never been deported.
Would they know that he has been here since 1999 or would they think he was here for the first time in 2005? I know if caught lying, it would bar him for life.
I do not know what to do to get him here and would it be worth doing a consultation with you?
Sincerely
Grace
Laurel: Ok, first, don't put all these spaces between sentences. That makes it hard to read in the chat. Second, to clarify, two EWIs do not automatically trigger 9C. Its not about how many EWIs you have. Its about being unlawfully present more than a year, leaving and trying to come back EWI. But with the above facts as you described, it sounds like that's exactly what happened and 9C does apply.
jimena: I have been waiting for my gren card for a while. I am in a 6 year old relationship (with an american) and we want to get married but funny enough we haven't done it because we are waiting for the green card. Could I get married AND still wait? how would it work. I had my interview in 2005 but theyb hadn't finished my background check so I still have not gotten anything except for a recent trip to the fingerprint office (but I also went in November and nothing)
Laurel: It depends on your category for getting the green card. If you are categories as the unmarried child of a US citizen or permanent resident and then you get married, you mess everything up, but of course you could just adjust through marriage. If you are in pretty much any other category, marriage won't affect your case.
bds: not sure if this went through the first time? What should we expect after filing MTR? Will we just be put back into backlog?
Laurel: I think CIS officially has 120 days to make a decision, but I've seen decisions made much faster, and I've seen it take much, much longer. Depends on where the case is.
lynn: My husband came in on a K-3 visa via pilot program. We want to adjust status, but his co sponsor and boss took a business loss in 2006. My husband won't have his Ead for a couple of more weeks, and we want to beat the price hike. Can we still use his boss as a co sponsor? How could we prove things are better this year? If not, how many months does my husband have to work legally to sponsor himself?
Laurel: Go ahead and file the adjustment, completing the I-864 with your husband's income info. They should accept the filing, meaning you get everything in before the price hike, and they will later send a Request for Evidence asking for proof that your husband's income is from a legal source (i.e. they want to see a copy of the EAD) and/or they will want a co-sponsor. An RFE slows down the progress of a case, BUT by doing it this way you avoid the price hike.
petal07: Good morning Laurel....do personal letters that will be evidence for the hsl need to be notarized? Like from a friend or relative or sibling?
Laurel: No. However, I occasionally get a letter notarized if it is difficult to believe that the person who signed the letter would say those things. For example, if the alien is convicted of a crime, but is claiming he was wrongly convicted and we actually manage to get a letter from the eyewitness or 'victim' stating that he/she is recanting his/her testimony and my client is innocent, I want that letter notarized and authenticated all over the place.
jenny: Hi Laurel, My husband ewi in 04/03 I sent out for a request to check for deportations FOA? is that what it is? anyways I got 2 letters back the first one said that they did not find anything with this name of date of birth, it also said that they were going to send my same request to another office to check if they could give me any info, so I got a letter from them saying that they couldnt find anything. So I guess my question is should I do an FBI check just to make sure ? If so how do I go about doing that ?
Laurel: If the alien hasn't been assigned an alien number or if you don't know the alien number, its going to be hard to find out about deportations with a FOIA. FBI fingerprint check is best when you don't have/know the alien number.
adidas: please, i want know if any news abaot waiver i 601 at rome, i still waiting for answer form theme15months now, they said waiting for background check clearance
Laurel: Rome doesn't usually take 15 months. You're stuck in security checks. Have your attorney contact Jim Pritchett at the Department of State to inquire about the security check.
angela256z: Have you ever worked on a case to bring a step child to US from MX? If so can you help me with this. My husband is not listed on his son's Birth certificate and the only way to add him is in Mexico, but we are waiting on a interview for my husband so he can not travel to MX yet. Can I still file for my stepson are they ways to work around it? I thought about just a proof of DNA without adding him to the BC.
Laurel: Do a K3 so the child can come on a K4 without a separate petition. With the K4 you don't have to prove the relationship until the consular interview. Once your husband is down in Mexico, hopefully he can change the birth certificate fairly quickly. Be sure to list the child on the I-130 and I-129F. This is probably the best, easiest and cheapest way to handle it, provided it doesn't take more than a few weeks to change the birth certificate. DNA tests are expensive.
gdalicia: Laurel have you heard anything about the visa pick-up situation improving?
Laurel: No. A side effect of CIS speeding up waiver approvals is that now there's a bulge in visa pickups and the consulate can't keep up.
lynn: Is it normal for the POE to stamp the I-94 with the expiration date of your passport instead of the expiration date of your visa(K-3)?
Laurel: Yes.
deloris24: I wanted to get some advice on what i need to do.My husband was picked up by ICE 2 months ago and has beenn deported back to Mexico.He was picked up for a past conviction that is 11 years old and is considered to be an aggrevated felony.We were told that he is banned for life and don't know what to do.An attorney told me that we can have his felony pardoned and then file a waiver.Can u tell me what we need to do?Is he even eligible for a waiver?Thankyou.Also to state he was here illegal ,but we were applying to adjust his status,which i was told we shouldn't have done it.He already has a 1-130 approved back in 2001.
Laurel: Depends on the crime. A pardon probably won't do anything. Overturning the conviction might. This is not the same thing as a pardon.
Miss_Liss: oh good old Pritchett...i still have his number stored in my contacts
Laurel: LOL. Unfortunately, its still the only 'remedy' available.
Aqua: Would you know why Oscar is signing all the approvals lately?
Laurel: The ones being temporarily routed through Mexico City are signed by Oscar Lujan.
jimena: I was sponsored through my job, so now i am in "adjustment of status". I485.
Laurel: Marriage will not affect you then. Get married already.
jimena: Lizz mentioned you offer a guide to do this. One last thing...any way of knowing if the green card is on its way, and if it is would it be better to wait or is the marriage process faster?
Laurel: Have your wife's Congressman do an inquiry if CIS is stonewalling you on the status of the case.
Cathryn: ok so I just realized in the bio informaiton for the seciotn that says parenst residency if known and at the time so dumb, I wrote down their hometown in mexico , but their residensy is in wisconsin usa, is that a big deal if so what do you recommend? should I try to file and get that part fix or do you think is a big deal?
Laurel: It should be ok just to make sure its correct on the DS-230 and point out the error.
petal07: Will my husband have a problem at his first interview if I was previously married legalized that spouse, got separated, stayed sparated for 11 years and then he applied for divorce, completed divorce and then married current spouse 6 months later? Will I need anything else but divorce decree?
Laurel: Just be prepared to prove your current marriage is real. There's a remote chance that it will be an issue, but I don't want you to worry too much about it until its actually an issue. I'd say there's a 95% probability that it won't be a problem at all, given the facts you describe.
angela256z: If you are hired as an attorney and the client requires a hardship letter do you help prepare the letter? I know ther actual client must get the evidence, but do you help with wording and possible situations that can be added into the Hardship letter?
Laurel: I guide the qualifying relative in writing his/her letter, but it needs to be in the words of the person signing. The qualiyfing relative's letter is one of many supporting documents in the waiver packet. In addition to the supporting documents, I write a brief. I tell the client what supporting documents to get and what they should say, but any letters need to be written by the person signing. I review all supporting documents before using them in the packet. If the documents are unsatisfactory, I have the client get a new one or additional ones.
claudia_: Hi Laurel! I was wondering in what circumstances can a I-601 filed in the country?
Laurel: There are several circumstances where you might file one in-country. I'll give just a few examples. This is not an exhaustive list, but these are common situations. (1) The alien enters with a valid visa, gets two shoplifting convictions but is not placed in deportaiton proceedings, subsequently marries a US citizen and applies for adjustment of status, (2) alien applies for adjustment of status following more than a six months unlawful presence, applies for and is granted Advanced Parole, leaves and is permitted back in the country, and at the interview the immigraiton officer finds that 9B was triggered when the alien left, but the alien was subsequently admitted.
lindita82: Hello Laurel, I was woundering what you would recommend for my friend to do,, her case I-130 has been completed at the NVC and the dates are off for example,,EWI'S even though they are BEFORE APRIL 1997 ,,should she change them know with NVC or wait for her 1st interview and point them out there??? Thank you
Laurel: Probably fine to wait for the interview and present a corrected DS-230 at the very beginning of the interview.
sandra: hi Laurel, My husband is waiting for his waiver in mexico I want to ask you I called the senator Russ Feingold in Wisconsin one of his receptionist told me that she is going to call the embassy and see what she can do. My question is you think this is going to accelerate the case or not really?
Laurel: Unless there is a life or death emergency or something close to it, they will not expedite the I-601.
ojos_De_NY: Does filing an i-212 and an i-601 in juarez make your case take longer? or are they adjudicated along the same timeline
Laurel: As always, it depends on the facts of the case, but for simple unlawful presence and deportation for simple unlawful presence, the deportation shouldn't make it take longer.
Laurel: Once you start throwing in denied asylum claims and criminal history, yes, the deportation could complicate things as they'll want to order the file and see exactly what happened at the hearings.
jenny: Thank you for the response Laurel, Can you please tell me how to go through the FBI check ?
Laurel: Look at my memo. There's a link to it on the main page of my website.
deloris24: I also want to ask ,if during the whole process of filing the waiver would it be ok for me to stay with my husband in Mexico until they decide to approve or not?I don't beleive I can be seperated from my husband and much less keep our 2 year old son from him.I plan on leaving in 2 weeks to be with him.Do you think it's a good idea to do so?
Laurel: I need to change up my "FAQ" link and make that page all about "FAQs" in the waiver process because I get this question all the time. Ok. On the waiver, you must prove both why the qualifying relative can't live in the alien's country and why the qualifying relative can't just live in the US without the alien. But during the waiver process, you must choose one of those two options. I don't think it matters which one you choose as either way you must prove why the option is an extreme hardship and why it can only be a temporary measure.
Mendoza: I know deportations after 1997 followed by an EWI make (9)(c), but does a deportation before 1997 followed by a EWI also make (9)(c) or could it be a (9)(b) (provided everything else for the (9)(b) still followes)? Also, is voluntary departure (not "catch and release") the same as deportation? With voluntary departure, is a I-212 required?
Laurel: By definition, Volunatary Departure is not a deportation/removal. That's kind of the point of having VD. Because its not a deportation/removal, you don't need an I-212 for it and it doesn't trigger 9C (watch out for one year unlawful presence followed by EWI, though). Even though one year unlawful presence before April of 1997 following by post 1997 EWI doesn't trigger 9C, a pre-1997 deportation followed by post-1997 EWI does trigger 9C.
adidas: she said they dont answer , can i have his ofice phone number; please
Laurel: Its publicly available on the online Department of State telephone directory, but I don't have it handy.
claudia_: What do you think of crossing a border by commiting fraud, using a photo switched passport? The person though still has the passport. I just wanted to know if I can file an I-601 in country waiver?
Laurel: This is a grey area of law as to whether the alien was admitted for purposes of INA 245a or not. Currently CIS is interpreting admission with fraud as an admission under INA 245a and the person you're describing could attempt an in-country adjustment with waiver, with the following caveats: (1) it can't be a US passport they used as that's a false claim to citizenship, (2) if you don't have the fraudulent document you used to enter and you don't have the I-94 card you were given, you will have an uphill battle proving you didn't come in EWI, and (3) some local CIS offices are tougher on the waivers than any overseas office, so beware.
efrain533: my first appointment was last year on may the 18th and now i have my second appointment on august 2nd do i have to file the affidavit of support again or do i just need to bring their 2006 tax returns
Laurel: You're not supposed to have to sign the I-864 again, but you will need the most recent tax returns, w-2s and paystubs. Even though you're not supposed to need a new I-864, if they ask for it, just do it.
deloris24: My husband's crime was statutory rape which I gave consent,but wasn't old enough by state.We are married and have a baby now.Do you think that he would be able to get the waiver?He has not committed any other crimes and to me he didn't commit a crime.
Laurel: Ah, great question. As long as he wasn't previously a permanent resident (there are special rules for that), he should be eligible to file the waiver. If they consider this a violent crime, your husband may have to show "exceptional and extremely unusual hardship", rather than "extreme hardship". On your waiver, provide lots of evidence that your relationship is and always has been a loving one. If I were the adjudicator, I would be very sympathetic, but someone else might not be. Opinions on statutory rape laws vary dramatically from person to person. I recommend you hire an attorney prior to the interview to address issues of eligibilty to file.
jose: How is it that Oscar Lujan is also approving some of the pilot program waivers? Are these being routed through Mexico City also?
Laurel: That's interesting. I'll look into that one.
gdalicia: So Laurel is it accurate to say that waivers are currently being processed in Mexico City until the new adjudicators arrive and then they will be handled in Juarez again?
Laurel: They are currently being adjudicated in both locations. I don't know whether Mexico City will be out of the picture when (if) the new adjudicators arrive.
skylarklf: A friend of ours is waiting for his first app in Mexico. I am wondering if he will even be able to file a waiver though. About 6 yrs ago he had 3 DUI's. And one more three yrs ago. After the first 3, he spent a year in prison for it, but under another name, and the last one he used his own name. What can he expect? I know he won't be able to quailify for the pilot program
Laurel: He should be able to file. He should come prepared with a solid case to show rehabilitation. He needs to get this done before any kind of immigration reform as Congress is talking about tougher sancions on aliens with three or more DUIs.
Laurel: sanctions
juanl: my question is my wife's waiver was submitted in 10/06 and since then I have been diagnosed with Type 2 diabetes, I have lost close to 40lbs I have a letter from a psychologist stating my problems I am not sleeping well at night I have anxiety attacks, I am losing my hair. I also have hypothyrodism, and high blood pressure and I am only 27 years. I am taking medication for depression also. Do you think if I submit proof of this to CDJ they can expedite my case and pick-up date??
Laurel: All of this needs to be in the waiver packet and will probably get you an approval, if properly documented. However, that's not enough for an expedite.
Laurel: Its noon, guys. There are over 23 questions still waiting for my response. Obviously I cannot get to them all. Hopefully I provided some useful information today. I will see you all next week!
Laurel: Good morning everyone. We are about to begin.
Laurel: 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: There were some things posted on the Immigrate2us.net website that I wanted to address today. Someone asked about the Evil Three in Juarez: common problems that lead to a finding of ineligibility to apply for a waiver. Those three things are (1) accusation of drug abuse, (2) INA 212(a)(9)(C), and (3) false claim of US citizenship.
Laurel: At the medical exam they will ask you if you have ever taken drugs. If you reply that you have taken any drugs at all ever in your life you will be referred to the psychologist. There are reports of the medical staff and/or psychologist telling people that if they have any drug use ever that the medical exam will discover that. This is not true.
Laurel: The medical exam WILL reveal very recent drug use, but anything from over a few weeks ago will not appear. Technically, testing one’s hair can reveal certain types of drug use from months past, but they don’t test your hair at the medical. Also, doing a biopsy of one’s deep tissue or bone may reveal drug use from long ago, but they don’t do that either as it would be a very invasive exam.
Laurel: There have been many stories and reports that if you tell the doctor or psychologist in Juarez that you had any drug use at all in the past three years you will be found to be a drug abuser. They do not appear to be complying with the Foreign Affairs Manual or CDC regulations regarding the exception for mere experimentation. If you are found to be a drug abuser, YOU WILL NOT BE PERMITTED TO FILE YOUR I-601 FOR THREE YEARS. There is no appeal no matter how stupid the finding.
Laurel: Regarding INA 212(a)(9)(C) – this section of law applies if either: (1) you are unlawfully present for more than a year in the aggregate and SUBSEQUENTLY leave and come back without inspection (EWI), or (2) you are deported/removed and SUBSEQUENTLY come back without inspection.
Laurel: Ciudad Juarez is currently interpreting “without inspection” to mean that you came back at a place other than a point of inspection. Ciudad Juarez is also currently applying the exceptions to unlawful presence found in INA 212a9B to 9C. These exceptions include, but are not limited to: unlawful presence before age 18 and unlawful presence before April of 1997.
Laurel: Note that a deportation before April of 1997 and subsequent EWI after 1997 does trigger 9C as does a deportation before age 18 and subsequent EWI regardless of age. If you are found inadmissible under 9C, YOU WILL NOT BE PERMITTED TO FILE YOUR I-601 FOR TEN YEARS.
Laurel: Regarding false claim of citizenship: if you ever claimed to be a US citizen to get any kind of immigration benefit, such as entry to the US or a visa, you will be found permanently inadmissible to the US and YOU WILL NEVER BE PERMITTED TO FILE YOUR I-601.
Laurel: Ok, I also promised to answer someone’s question from the forum. The question was “Has anyone ever made a mistake on the information provided on the biographic date (G-325, I think that's the form) as far as the dates of the residence for your spouse? If so, did you fix this on your DS-230 and were you able to explain this at your interview?” The answer is – it depends on where you are in the process.
Laurel: If your I-130 or I-129F (depending on what the G-325A was filed with) has not been adjudicated yet, you might consider sending a revised G-325A to the office that’s adjudicating it. Be sure to send a copy of the receipt notice for the I-130 or I-129F with your corrected G-325A. If the mistake is major and the petition hasn’t been adjudicated yet, this is the best thing to do. If the mistake is minor or if the petition has already been adjudicated, then you can choose to just give the correct information on the DS-230 and point out that there was an error on the G-325A either in writing if sending to NVC or orally if submitting the DS-230 at a K interview.
Laurel: I’d say if the dates are off by a few months here and there on the employment history or address history, and the difference is not material, it’s a minor mistake. If the change in the dates makes the difference between a 9C finding and a 9B finding, it’s a major mistake.
Laurel: Now, I know you all want to know what’s going on down in Juarez. I’ve heard some unofficial things. All I can say right now is that even though I don’t think the extra adjudicators have arrived, the CIS officials in Juarez and Mexico City are seriously putting in overtime on the waivers and expect to clear up the backlog ‘soon’. I hope to post an official announcement with dates and figures soon. Yes, ‘soon’ is the most exact statement I can make at this time.
Laurel: In case you're all wondering, no I can't type quite that fast. I spent about 45 minutes this morning preparing the above. Now, on to live questions.
dannyhenri: Hi Laurel,
I am interested in working with you if it is possible, however, I do not know if you would be able to take our case.
We consulted a big firm in SF and he said we should wait to see what happened to the bill.
If it did not pass, he would be able to take our case and apply for the hardship wavier.
We told him our situation and he said it should not be a problem since the approval rate is high.
He never mentioned the EWI, twice would bar my fiancé and to converse with him, I feel like I am bothering him.
Having been on the board and reading the postings, the EWI, twice would actually bar him from the waiver. So maybe I must have missed understood the process since he was willing to take the case.
My finance was here in 1999 and left to visit his family. On his return two years ago, he was caught crossing by the patrol and turned back and then he made it back here and has been here since.
He has never been deported.
Would they know that he has been here since 1999 or would they think he was here for the first time in 2005? I know if caught lying, it would bar him for life.
I do not know what to do to get him here and would it be worth doing a consultation with you?
Sincerely
Grace
Laurel: Ok, first, don't put all these spaces between sentences. That makes it hard to read in the chat. Second, to clarify, two EWIs do not automatically trigger 9C. Its not about how many EWIs you have. Its about being unlawfully present more than a year, leaving and trying to come back EWI. But with the above facts as you described, it sounds like that's exactly what happened and 9C does apply.
jimena: I have been waiting for my gren card for a while. I am in a 6 year old relationship (with an american) and we want to get married but funny enough we haven't done it because we are waiting for the green card. Could I get married AND still wait? how would it work. I had my interview in 2005 but theyb hadn't finished my background check so I still have not gotten anything except for a recent trip to the fingerprint office (but I also went in November and nothing)
Laurel: It depends on your category for getting the green card. If you are categories as the unmarried child of a US citizen or permanent resident and then you get married, you mess everything up, but of course you could just adjust through marriage. If you are in pretty much any other category, marriage won't affect your case.
bds: not sure if this went through the first time? What should we expect after filing MTR? Will we just be put back into backlog?
Laurel: I think CIS officially has 120 days to make a decision, but I've seen decisions made much faster, and I've seen it take much, much longer. Depends on where the case is.
lynn: My husband came in on a K-3 visa via pilot program. We want to adjust status, but his co sponsor and boss took a business loss in 2006. My husband won't have his Ead for a couple of more weeks, and we want to beat the price hike. Can we still use his boss as a co sponsor? How could we prove things are better this year? If not, how many months does my husband have to work legally to sponsor himself?
Laurel: Go ahead and file the adjustment, completing the I-864 with your husband's income info. They should accept the filing, meaning you get everything in before the price hike, and they will later send a Request for Evidence asking for proof that your husband's income is from a legal source (i.e. they want to see a copy of the EAD) and/or they will want a co-sponsor. An RFE slows down the progress of a case, BUT by doing it this way you avoid the price hike.
petal07: Good morning Laurel....do personal letters that will be evidence for the hsl need to be notarized? Like from a friend or relative or sibling?
Laurel: No. However, I occasionally get a letter notarized if it is difficult to believe that the person who signed the letter would say those things. For example, if the alien is convicted of a crime, but is claiming he was wrongly convicted and we actually manage to get a letter from the eyewitness or 'victim' stating that he/she is recanting his/her testimony and my client is innocent, I want that letter notarized and authenticated all over the place.
jenny: Hi Laurel, My husband ewi in 04/03 I sent out for a request to check for deportations FOA? is that what it is? anyways I got 2 letters back the first one said that they did not find anything with this name of date of birth, it also said that they were going to send my same request to another office to check if they could give me any info, so I got a letter from them saying that they couldnt find anything. So I guess my question is should I do an FBI check just to make sure ? If so how do I go about doing that ?
Laurel: If the alien hasn't been assigned an alien number or if you don't know the alien number, its going to be hard to find out about deportations with a FOIA. FBI fingerprint check is best when you don't have/know the alien number.
adidas: please, i want know if any news abaot waiver i 601 at rome, i still waiting for answer form theme15months now, they said waiting for background check clearance
Laurel: Rome doesn't usually take 15 months. You're stuck in security checks. Have your attorney contact Jim Pritchett at the Department of State to inquire about the security check.
angela256z: Have you ever worked on a case to bring a step child to US from MX? If so can you help me with this. My husband is not listed on his son's Birth certificate and the only way to add him is in Mexico, but we are waiting on a interview for my husband so he can not travel to MX yet. Can I still file for my stepson are they ways to work around it? I thought about just a proof of DNA without adding him to the BC.
Laurel: Do a K3 so the child can come on a K4 without a separate petition. With the K4 you don't have to prove the relationship until the consular interview. Once your husband is down in Mexico, hopefully he can change the birth certificate fairly quickly. Be sure to list the child on the I-130 and I-129F. This is probably the best, easiest and cheapest way to handle it, provided it doesn't take more than a few weeks to change the birth certificate. DNA tests are expensive.
gdalicia: Laurel have you heard anything about the visa pick-up situation improving?
Laurel: No. A side effect of CIS speeding up waiver approvals is that now there's a bulge in visa pickups and the consulate can't keep up.
lynn: Is it normal for the POE to stamp the I-94 with the expiration date of your passport instead of the expiration date of your visa(K-3)?
Laurel: Yes.
deloris24: I wanted to get some advice on what i need to do.My husband was picked up by ICE 2 months ago and has beenn deported back to Mexico.He was picked up for a past conviction that is 11 years old and is considered to be an aggrevated felony.We were told that he is banned for life and don't know what to do.An attorney told me that we can have his felony pardoned and then file a waiver.Can u tell me what we need to do?Is he even eligible for a waiver?Thankyou.Also to state he was here illegal ,but we were applying to adjust his status,which i was told we shouldn't have done it.He already has a 1-130 approved back in 2001.
Laurel: Depends on the crime. A pardon probably won't do anything. Overturning the conviction might. This is not the same thing as a pardon.
Miss_Liss: oh good old Pritchett...i still have his number stored in my contacts
Laurel: LOL. Unfortunately, its still the only 'remedy' available.
Aqua: Would you know why Oscar is signing all the approvals lately?
Laurel: The ones being temporarily routed through Mexico City are signed by Oscar Lujan.
jimena: I was sponsored through my job, so now i am in "adjustment of status". I485.
Laurel: Marriage will not affect you then. Get married already.
jimena: Lizz mentioned you offer a guide to do this. One last thing...any way of knowing if the green card is on its way, and if it is would it be better to wait or is the marriage process faster?
Laurel: Have your wife's Congressman do an inquiry if CIS is stonewalling you on the status of the case.
Cathryn: ok so I just realized in the bio informaiton for the seciotn that says parenst residency if known and at the time so dumb, I wrote down their hometown in mexico , but their residensy is in wisconsin usa, is that a big deal if so what do you recommend? should I try to file and get that part fix or do you think is a big deal?
Laurel: It should be ok just to make sure its correct on the DS-230 and point out the error.
petal07: Will my husband have a problem at his first interview if I was previously married legalized that spouse, got separated, stayed sparated for 11 years and then he applied for divorce, completed divorce and then married current spouse 6 months later? Will I need anything else but divorce decree?
Laurel: Just be prepared to prove your current marriage is real. There's a remote chance that it will be an issue, but I don't want you to worry too much about it until its actually an issue. I'd say there's a 95% probability that it won't be a problem at all, given the facts you describe.
angela256z: If you are hired as an attorney and the client requires a hardship letter do you help prepare the letter? I know ther actual client must get the evidence, but do you help with wording and possible situations that can be added into the Hardship letter?
Laurel: I guide the qualifying relative in writing his/her letter, but it needs to be in the words of the person signing. The qualiyfing relative's letter is one of many supporting documents in the waiver packet. In addition to the supporting documents, I write a brief. I tell the client what supporting documents to get and what they should say, but any letters need to be written by the person signing. I review all supporting documents before using them in the packet. If the documents are unsatisfactory, I have the client get a new one or additional ones.
claudia_: Hi Laurel! I was wondering in what circumstances can a I-601 filed in the country?
Laurel: There are several circumstances where you might file one in-country. I'll give just a few examples. This is not an exhaustive list, but these are common situations. (1) The alien enters with a valid visa, gets two shoplifting convictions but is not placed in deportaiton proceedings, subsequently marries a US citizen and applies for adjustment of status, (2) alien applies for adjustment of status following more than a six months unlawful presence, applies for and is granted Advanced Parole, leaves and is permitted back in the country, and at the interview the immigraiton officer finds that 9B was triggered when the alien left, but the alien was subsequently admitted.
lindita82: Hello Laurel, I was woundering what you would recommend for my friend to do,, her case I-130 has been completed at the NVC and the dates are off for example,,EWI'S even though they are BEFORE APRIL 1997 ,,should she change them know with NVC or wait for her 1st interview and point them out there??? Thank you
Laurel: Probably fine to wait for the interview and present a corrected DS-230 at the very beginning of the interview.
sandra: hi Laurel, My husband is waiting for his waiver in mexico I want to ask you I called the senator Russ Feingold in Wisconsin one of his receptionist told me that she is going to call the embassy and see what she can do. My question is you think this is going to accelerate the case or not really?
Laurel: Unless there is a life or death emergency or something close to it, they will not expedite the I-601.
ojos_De_NY: Does filing an i-212 and an i-601 in juarez make your case take longer? or are they adjudicated along the same timeline
Laurel: As always, it depends on the facts of the case, but for simple unlawful presence and deportation for simple unlawful presence, the deportation shouldn't make it take longer.
Laurel: Once you start throwing in denied asylum claims and criminal history, yes, the deportation could complicate things as they'll want to order the file and see exactly what happened at the hearings.
jenny: Thank you for the response Laurel, Can you please tell me how to go through the FBI check ?
Laurel: Look at my memo. There's a link to it on the main page of my website.
deloris24: I also want to ask ,if during the whole process of filing the waiver would it be ok for me to stay with my husband in Mexico until they decide to approve or not?I don't beleive I can be seperated from my husband and much less keep our 2 year old son from him.I plan on leaving in 2 weeks to be with him.Do you think it's a good idea to do so?
Laurel: I need to change up my "FAQ" link and make that page all about "FAQs" in the waiver process because I get this question all the time. Ok. On the waiver, you must prove both why the qualifying relative can't live in the alien's country and why the qualifying relative can't just live in the US without the alien. But during the waiver process, you must choose one of those two options. I don't think it matters which one you choose as either way you must prove why the option is an extreme hardship and why it can only be a temporary measure.
Mendoza: I know deportations after 1997 followed by an EWI make (9)(c), but does a deportation before 1997 followed by a EWI also make (9)(c) or could it be a (9)(b) (provided everything else for the (9)(b) still followes)? Also, is voluntary departure (not "catch and release") the same as deportation? With voluntary departure, is a I-212 required?
Laurel: By definition, Volunatary Departure is not a deportation/removal. That's kind of the point of having VD. Because its not a deportation/removal, you don't need an I-212 for it and it doesn't trigger 9C (watch out for one year unlawful presence followed by EWI, though). Even though one year unlawful presence before April of 1997 following by post 1997 EWI doesn't trigger 9C, a pre-1997 deportation followed by post-1997 EWI does trigger 9C.
adidas: she said they dont answer , can i have his ofice phone number; please
Laurel: Its publicly available on the online Department of State telephone directory, but I don't have it handy.
claudia_: What do you think of crossing a border by commiting fraud, using a photo switched passport? The person though still has the passport. I just wanted to know if I can file an I-601 in country waiver?
Laurel: This is a grey area of law as to whether the alien was admitted for purposes of INA 245a or not. Currently CIS is interpreting admission with fraud as an admission under INA 245a and the person you're describing could attempt an in-country adjustment with waiver, with the following caveats: (1) it can't be a US passport they used as that's a false claim to citizenship, (2) if you don't have the fraudulent document you used to enter and you don't have the I-94 card you were given, you will have an uphill battle proving you didn't come in EWI, and (3) some local CIS offices are tougher on the waivers than any overseas office, so beware.
efrain533: my first appointment was last year on may the 18th and now i have my second appointment on august 2nd do i have to file the affidavit of support again or do i just need to bring their 2006 tax returns
Laurel: You're not supposed to have to sign the I-864 again, but you will need the most recent tax returns, w-2s and paystubs. Even though you're not supposed to need a new I-864, if they ask for it, just do it.
deloris24: My husband's crime was statutory rape which I gave consent,but wasn't old enough by state.We are married and have a baby now.Do you think that he would be able to get the waiver?He has not committed any other crimes and to me he didn't commit a crime.
Laurel: Ah, great question. As long as he wasn't previously a permanent resident (there are special rules for that), he should be eligible to file the waiver. If they consider this a violent crime, your husband may have to show "exceptional and extremely unusual hardship", rather than "extreme hardship". On your waiver, provide lots of evidence that your relationship is and always has been a loving one. If I were the adjudicator, I would be very sympathetic, but someone else might not be. Opinions on statutory rape laws vary dramatically from person to person. I recommend you hire an attorney prior to the interview to address issues of eligibilty to file.
jose: How is it that Oscar Lujan is also approving some of the pilot program waivers? Are these being routed through Mexico City also?
Laurel: That's interesting. I'll look into that one.
gdalicia: So Laurel is it accurate to say that waivers are currently being processed in Mexico City until the new adjudicators arrive and then they will be handled in Juarez again?
Laurel: They are currently being adjudicated in both locations. I don't know whether Mexico City will be out of the picture when (if) the new adjudicators arrive.
skylarklf: A friend of ours is waiting for his first app in Mexico. I am wondering if he will even be able to file a waiver though. About 6 yrs ago he had 3 DUI's. And one more three yrs ago. After the first 3, he spent a year in prison for it, but under another name, and the last one he used his own name. What can he expect? I know he won't be able to quailify for the pilot program
Laurel: He should be able to file. He should come prepared with a solid case to show rehabilitation. He needs to get this done before any kind of immigration reform as Congress is talking about tougher sancions on aliens with three or more DUIs.
Laurel: sanctions
juanl: my question is my wife's waiver was submitted in 10/06 and since then I have been diagnosed with Type 2 diabetes, I have lost close to 40lbs I have a letter from a psychologist stating my problems I am not sleeping well at night I have anxiety attacks, I am losing my hair. I also have hypothyrodism, and high blood pressure and I am only 27 years. I am taking medication for depression also. Do you think if I submit proof of this to CDJ they can expedite my case and pick-up date??
Laurel: All of this needs to be in the waiver packet and will probably get you an approval, if properly documented. However, that's not enough for an expedite.
Laurel: Its noon, guys. There are over 23 questions still waiting for my response. Obviously I cannot get to them all. Hopefully I provided some useful information today. I will see you all next week!