angela256z
07-11-2007, 06:22 PM
I wanted to Thank you for taking the time to write the information that you gave at the beginning of your chat (listed below). I was the one that asked this question on the things that would deny a person a waiver. You also added in some great information that I had not known about. Again I just wanted to thank you for taking the extra time out of your day to put together that information.
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.
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.