Laura
11-07-2007, 04:11 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.
Mindy: Good morning Laurel... would you accept starting a case now with I-30 which will take 6 months then we need to do 601
Laurel: Are you the one I owe an email to? You're on my list of people to get back to, I promise. Yes, I'll go ahead and get started with the forms.
laurafern11: Hi Laurel,
There is an I2US member with a CDJ interview scheduled Nov. 30. He has a DUI/reckless driving conviction from August 2006 and their lawyer is advising them to go to CDJ despite this, arguing that while he will be sent to the physician for an evaluation, he is not likely to be classified as an alcoholic and therefore will not be denied eligibility to file the waiver until three years has passed. (My writing is starting to sound like the LSAT!!!) Anyway, some of us have been arguing that while that scenario is possible, there is also quite a good chance that he won't be able to file the waiver right away, and even if he is allowed to file the waiver, he's almost certainly going to go into the backlog. His wife is pregnant (classified as high-risk), and she has suffered postpartum depression before, so there are a number of concerns, but they also really want to get this whole thing overwith. Also, member JMRJ found this quote from Santiago Burciaga: "A single DUI conviction within the last two years will result in a denial based on the medical ground of inadmissibility for having a 'physical or mental disorder with a history of harmful behavior associated with the disorder.'" Is this the CDJ standard? If this was your client, would you advise them to go, or wait until three years had passed? Also, if he does go, will be be required to have proof of rehabilitation and whatnot from the past year?
Laurel: I'm not sure Santiago said that a single DUI conviction within the past two years, when the applicant has no other convictions at any time, would result in medical grounds of inadmissibility. What he may have said was that if you did have a prior DUI and then another within the past two years, THAT would make you ineligible for the waiver. Even if he's able to file, it may end up getting referred, especially considering that the DUI charge is complicated by the "reckless driving" charge. That additional charge makes me want to examine the case further and if I'm thinking it needs a closer look, the adjudicator may think the same and refer it for further review. The adjudicator will probably not be impressed by the difficult pregnancy and prior post partum depression.
laurafern11: From Arodrigues: I just got my I-130 approved and am building an outline for my HSL. My husband taught physics in Brazil, and from my research, should be able to continue that profession here without further education. I'm undecided as to whether to include that info and here's why: Should I mention that if forced to move to Brazil, we would be unable to live on my husband's salary as a physics teacher of $x.xx, annually? (Even teachers in that rural area make nothing). Would it be at all relevant to mention the need for teachers here, especially in sciences, since I know the hardship has to be to me? I'm just wondering if it could potentially help or hurt my letter..
Laurel: Whenever you're looking at local salaries for something in a foreign country, you also have to look at what the cost of living is. If you're arguing that for a given profession people usually only make $2000 per year, that's not a strong argument if most people in that country make $1000 and $2K is enough for an apartment and food for the family.
Detriment to the community in the US is almost never a factor in the waiver.
laurafern11: From Klaudia: Pertaining to the immigration laws and regulations, which is better when compared to one another, entering the US at a port of entry using someone's elses name or entering without inspection? I know that both of these entries make a person inadmissable but I was looking to see if there is any difference between the two in terms of defending or approving your waiver.
Laurel: Interesting question as right now there is a somewhat heated debate on the AILA attorneys-only forum about whether someone who entered with fraud is permitted under the law to adjust status. We (attorneys) agree that CIS seems to be allowing it, but the debate is whether CIS can suddenly start reading the statute differently at any time and say that people in this situation cannot, in fact, adjust. But once you proceed abroad and are doing a foreign-filed waiver, misrepresentation is far worse than simple unlawful presence subsequent to EWI.
laurafern11: From Izzie: My fiancee came to the us illegaly in August 1999 and was arrested for drug-related crime (21:841(a)(1) & 846 CONSPIRACY TO MANUFACTURE, DISTRIBUTE AND POSSESS WITH THE INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE) on June 2000 and released on October 2006 with deportation and a life ban stating he is inadmissible because of an aggravated felony. (He was in prison from 2000 to 2006). I met him back in 2004 and we have been engaged since last October. I am now pregnant (7 mos) with his child and need to file for his admission, but as you can see it really sounds hard. Please let me know if there is a waiver for his felony. If he qualifies for a waiver, I have good evidence of hardship I can submit due to the fact that my unborn baby was diagnosed with X-Linked HyperIGM and will be needing special treatment and unfortunately a bone marrow transplant to be cured.
Laurel: No waiver for any drug-related offense other than a single conviction for simple posession of marijuana. The baby is (will be) a US citizen and is free to enter the US to get life-saving treatment.
Mendoza: Laurel, when someone submits a waiver through the pilot program and they are not approved on the spot, there are 3 boxes they could check to indicate why they were referred: not sufficient evidence, FBI check, or infopass irregularities. If none of these boxes are check, do you have any idea what this means?
Laurel: It means that someone forgot to check a box.
Laurel: I'd have to evaluate the case to try to guess what caused the referral.
Mindy: my huaband has diabetes, high cholestrol, back pain, he takes medications. He was born in Lebanon but he does not have a labanese passort, he has a "refugee licenese" to live there, since his parents had immigrated from Palestine to Lebanon in 1948. I am from Jordan, and a woman is not allowed to give her husband a Jordanian passport.
Laurel: This case sounds awfully familiar ...
What is your question?
luz: My uncle is a naturalized citizen. He was in federal prison on drug charges and was already released. He lost his naturlized citizen document and wants to get it replaced. Would they look into his new criminal record after the naturalization. Thanks for your help.
Laurel: Whatever happens after naturalization is irrelevant. Denaturalization is extremely rare and can only occur if you lied on your naturalization application. The vast majority of denaturalization cases are ... Nazis. As I presume your uncle is not a Nazi, he should have no problem getting a new copy of his naturalization certificate.
petal07: Laurel...how is your foot doing? I hope fine. If the NVC has asked for more info regarding your I-864 and the joint sponsor who initially submitted the form is now refusing to give the additional information, can they re-submit and new I-864 by someone else?
Laurel: My foot is getting better, but my toe looks funny and I'm concerned about whether its healing right. I'll get a new X-ray next week and then we'll know.
Yes, you can get a new joint sponsor at this stage of the game.
cm21om25: This question is for a friend of mine, Her husband is from El Salvador and he came here illegally when he was 14 and then he got TPS after he got here still being 14 years old. He is now over 18 and his TPS has been expired for more than a year.
His wife has applied for the I-130 so far. Does he have to leave the country? Is he considered EWI or overstay?
Her husband had to go immigration court because he didn’t change his address. Therefore he might be deported or get voluntary departure.
Laurel: If he ever got Advanced Parole while he had TPS and used it to leave and return, then he would be an overstay, eligible to adjust through USC spouse. Otherwise, he's an EWI.
izziebella: Good morning Laurel. I am new to this. My case is a difficult one because my fiance has an aggravated felony due to drugs. I do have hardship I can submit as to my son was diagnosed with a very rare disease. Would there be a chance for his felony to be waived?
Laurel: Guys, guys, guys. No waiver for any drug-related offense other than a single conviction for simple possession of marijuana. Period. Hardship is irrelevant.
Laurel: I don't mean to sound callous. Its just that the law is callous and there's nothing I can do about it.
Mindy: Oh Laurel I am so happy to hear that. You have no ideal what I have been through with lawyers since 1996.
Laurel: I think I have an idea.
jenny: When my husband came here over 3 years ago he was picked up by immigration within 20 min upon crossing the border with a bunch of other people and he said they put him in jail for about an hour and took his finger prints and dropped him off at the mexico border (he is guatemalan). After being dropped off he came in a different way. If I was to do the I130 & I601 waiver process, will he be banned for life for entering the US illegally? Would his info be in the system? Is there something I can do to make him legal?
Laurel: Do FBI fingerprint check to make sure it wasn't recorded as a deportation. Sounds like a catch-and-release though so you should be ok doing the foreign-filed waiver process.
Laurel: That is to say, he shouldn't have problems with eligiblity. Ultimate approval depends on hardship to you, which I haven't evaluated.
ps: hi my husband was here on his h1 and i came over on a dependent visa. one evening i decided to help my uncle who runs this restuarant. when i served drinks to this two men i found out they were undercover cops who arrested me for serving alchohol with checking the id. which wasa mis demenour. Now my husband got his greencard but i am called in for an interview. will this be looked at as working without permit or as serving alchohol to underaged kids
Laurel: I expect the misdemeanor to qualify for the petty offense exception, but you might have an issue regarding working without authorization as that would violate the terms of your visa, putting you out of status and then unable to adjust through an LPR spouse. I would argue to the nines that you were not "working" and you were just helping your uncle out on this one occasion. I think it'll be an uphill battle though as even that much, which you pretty much have to concede, may qualify as working without authorization.
Laurel: If you lose on the AOS, you might ... might ... be able to convince the consulate that while you violated the terms of your visa you were not accruing unlawful presence toward the 3/10 year bars. Better to win on the AOS, though.
Ed: Laurel: My wife overstayed for 3 yrs in the U.S. She is in Russia now. We just got married two months ago in Russia. We will file I-30 but will most likely get denied so would need a I-601 waiver. What is the chances of getting our waiver approved based on extreme hardship?
Laurel: Depends on the facts of your case.
Mindy: Laurel I have prepared a "good" but not final hardship letter, do u want me to e-mail it to u? and since u said you will get started with the forms, what is the next step? do u want me to call your office and schedule a phone meeting with you?
Laurel: I'll call you this afternoon after I get a chance to eat something.
jhperez: Laurel, I have allready sent in the I-864 as well as the DS-230 I and II but i have not gotten any response or letter from NVC stating that they have rec'd the forms or a letter stating our case has been sent to Cuidad Juarez. I emailed NVC and they email back saying they rec'd all forms and we will get an appt when availabe. My question is,,,dont they usually send out a letter saying the case sent to CDJ?? Is there some kind of issue going on where they are behind, becuase thye rec'd these paper in July. Thanks Jill
Laurel: They are supposed to send a letter informing you that the case is sent to CDJ, however, I think I actually get this letter about 10% of the time. Don't stress that you never got it.
Sandra162: Laurel The I-864 states the sponser fill out their income for the past three years. What if the sponser has not worked and has not filed Income tax for all three previous years? What do they do?
Laurel: They include a note stating that they made less than the amount required for filing an income tax return. I recommend a joint sponsor.
Ed: Laurel, is it true that it's best to find out the attitude of the immigration officer towards the 601 waiver for that particular office or region that does the approving?? I talked to a lawyer yesterday and he suggested to do that first and build our case around their attitude.
Laurel: I have found it very useful to have a feeling for what a particular OIC is looking for. But this is not always possible. Not every OIC wants to be my friend, which means I have to learn to "read" them from their denials. That, of course, means I don't start to understand the person until I lose a case, and I don't like to lose cases.
susan_g: this is my husbands arrests and convictions 2000 dwi probation and completed, 2001second arrest dwi but dropped infuscient evendince, 2002 didnt realize that licencses was suspended from the arrest of the 2nd dwi, arrested and paid fines and recieved licensces back . In the last update u posted , it mentioned that if you have any arrests and conviction , to acknowledge them and would you recommended just explaining how it got the 2nd arrest was droped, and not focus on the acutally arrest or do you think he might have to convice he will never drink and drive again: the lawayer proved inffucscient eviedence because the video they took showed clearly he was not intoxicated.
Laurel: I would supply all documentation, and say why the charges were dropped and include any possible evidence that the charges were dropped because he was, in fact, NOT DRUNK
JGM: hello Laurel, Last week I explained to you my wife' s situation and what happened to her because she got turned in by a coworker and also becuase of the I-9 form, right. But my question still hasn't been answered. Is there anything we can do to change this??? what about the one thing about the TSC taking application for this kinda case, does it apply?? I'm desperate, Can you help?
Laurel: She claimed to be a USC on the I-9 and Immigration has come into possession of that I-9, correct? That's a false claim to US citizenship and there's no waiver for false claim to citizenship. She is stating that she thought she was a national because she'd applied for something or other (as I recall). The rules for bona fide, but erroenous belief that one is a US citizen or national are very strict and what you're describing does not qualify. I'm afraid she's simply out of luck.
Pinkpig: Laurefern11 - remember that immigration attorneys need a very good sense of humor!
Laurel: Otherwise we go a little nutty.
cm21om25: Laurel, I had talked to you yesterday around 10 am. I was just wondering, My husband is studying to be a Doctor, after December he will only need to go to Medical School for 4-5 years and then he would be a Doctor. Could that benefit us in any way?
Laurel: Maybe. Its worth looking at.
JGM: Can we try to reopen her case, and work on it?
Laurel: If my recollection of the facts are correct, the damage is done.
MAX: Hi Laurel, are you the lawyer?
Laurel: God, I hope so because I sure have a lot of student loans and being a lawyer could really help me pay those off.
laurafern11: Re: Izzie's question about the drug charge - are you saying no waiver ever?
Laurel: Ok, one more time for clarity. For any drug-related conviction with the single exception of simple possession for marijuana, there is no waiver at all, forever, 100% regardless of the hardship to anyone. Unless of course you're a celebrity like Paul McCartney, who should be quite permanently inadmissible yet manages to keep getting in.
Ed: Laurel, will our I-601 waiver has a better chance of being approved if my wife and I have a baby? If it does, how much will it really improve our chances? We ARE ready to have a baby together but we're afraid to go ahead because we don't want to be separated as a family.
Laurel: This is one of my least favority questions because I don't like being involved in couple's decisions regarding whether/when to have children. Yes, it helps the waiver somewhat, but it is by no means a 'slam dunk'. But having a baby specifically to improve chances of getting a waiver is a lousy reason to have a baby. I recommend you go forward with your life decisions and work the waiver process around your life decisions, rather than working your life decisions around the waiver process.
mgodoy: Laurel my question is my husband got a ten year ban to the US and not eliglible for a waiver until his ten year ban. any suggetions on what to do? I have a lawyer that is helping , but not as fast as we(my husband and I )would like.
Laurel: So its a ban under INA 212a9C? I'm not sure what the lawyer is doing, but usually once you get that 'sentence' you're out of luck and if it were me I wouldn't be charging the client for any kind of work on the case. There are exceptions if you think you can get the decision overturned, but that's hard to do.
Disclaimer: Its possible that what you've written above doesn't tell the whole story and what your lawyer is doing is perfectly legit.
marflores: Hi Laurel...My husband has domestic assault (gross misd) ended up being dismissed in 98. Also has DUI (misd) in 2001. Wiil this put him into backlog?
Laurel: Domestic assualt is a violent offense that will almost certainly lead to a referral to the backlog.
Roxy: Hi,Laurel. In a case of misrepresentation, how important is for the adjudicator the reason for what the fraud was comitted? Vienna adjudicator, specially. Thanks.
Laurel: I would only get into it if there were compelling extenuating circumstances of some sort.
laurafern11: For Hannah - if a Mexican entered the U.S. with a border crossing card as a child and never left (and has since lost the card) is that a basis for AOS in the U.S. if he is now married to a USC? If they cannot find the card, could they get a record of it from somewhere?
Laurel: Tough one. If he can convince the adjudicator that he entered with a border crossing card, he might be able to adjust status, but I don't know - sounds like its going to be hard for him to prove. The waiver process might be easier, but it does carry some risk as you all know and I normally encourage people to exhaust all currently available options in the US before proceeding abroad. I don't know. Even though he should theoretically be able to adjust, I MIGHT just suggest doing the waiver since he's Pilot Program eligible.
lumartin: I am a us citizen and my mother lives in Acuna, Mexico. I was raised in Mexico but have now lived in the US for 5 years. I would like to arrange for her to be a permanent resident. She is now visiting me legally with a visa. Would it be best to try and fix her papers with her in the US or in Mexico?
Laurel: Wait till she's been here at least 60 days and then file AOS. As long as this wasn't her intent before she entered the US on a visitor's visa, it should be ok. If she were currently in Mexico in possession of a visitor's visa, I would not recommend she enter as a visitor with intent to adjust status.
cm21om25: I don't know about the Advanced Parole I would have to ask but he has never left the US. So would that mean he would have to go back to El Salvador and do the I601?
Laurel: Yes
jeni2007: How long do you think a I-130 received on Oct. 1 and being processed in Juarez will take to be approved? How long might a K-3 take, also processed in Juarez? Although, since we have not recieved NOA1 for the I-130 we have not filed the K-3 yet. The current backlog is killing us.
Laurel: This is a direct consular filing I-130? You will hopefully have an interview next summer or fall.
Sandra162: Laurel, have you heard about the pilot progam starting in Hondorus?
Laurel: No official or unofficial word on that whatsoever.
MAX: Hi Laurel, I am mexican citizen I apply to get a tourist visa in 1997 in United States Embassy located in Mexico City, unfortunately I did a fraud when I show a false paper, so I asked years ago so the embassy and the recomend me to apply for a waiver of excludabilityI also received a letter from the Homeland Security Deparment asking me to ask for a personal waiver when I apply again with the USA Consul as I never been deported but I am confusse now I was thinking is the " HSD".
Laurel: Are you married to a citizen? What type of visa are you applying for? A waiver applicantion can't be filed by itself; it has to be filed in relation to some sort of visa application.
Ed: Laurel, what is or are the most common reasons for extreme harships that they would approve an I-601 waiver case. Can you site some specific examples? Thanks.
Laurel: Look at my memo: www.visacentral.net/I601Memo.pdf (http://www.visacentral.net/I601Memo.pdf)
jeni2007: My husband is waiting out theI-130 process with me as a tourist in Mexico and cannot work as a tourist. He has no income, but his father who has a high income will sponsor me. Will he being here, not working effect us on either process?
Laurel: As long as you have a co-sponsor you should be ok.
Ed: Laurel, do you know the OIC (in Russia) attitude towards the 601 waiver or do you have the feel of what their looking for towards the 601 waiver in Russia? If you do, what can you comment on it? And what city ahd county does the 601 waiver being adjudicated if we applied a waiver for my wife who is in Moscow?
Laurel: I'm sorry I don't have any advice to give on Moscow at this time.
raiden-wash: No waiver for the kilo in my trunk? j/k
Laurel: LOL
jenny: How do you get a FBI fingerprint check without submitting fingerprints?
Laurel: You submit fingerprints. I think I give some info on the fingerprint check on my memo.
susan_g: how can you find out if someone checked the box us citizen at the DVM while getting a licenses. and if so its been a long time ago and cant remeber and it sounds like you cant do anything about it. or can you
Laurel: Doesn't matter. Driver's license is not considered an immigration benefit, so false claim to citizenship on driver' license application will not trigger INS 212a6Cii.
JuarezBound: Does a K-3 Visa give you authorization to work? Would a letter from my husbands employer help letting the consulate know he will have a job when he returns?
Laurel: It gives him eligibility to apply for employment authorization, but he still needs to complete an I-765 and wait for the EAD.
raiden-wash: LOL I love that one!
nmm: Laurel, do you have any updates on the backlog? What is your opinion on how much longer it will take for CDJ to finish the backlog?
Laurel: I don't have any updates at this time. Sorry.
lumartin: My husband received his permanent resident card in August after waiting a year for the 1 601 to be approved. It is not the conditional one. Is there anything else we need to do other than inform them of address changes. Thanks.
Laurel: no. You're good.
Ed: Laurel, I'm an Asian American from California and there are skin heads in Russia where my wife lives. Will this be a good reason for extreme harship for getting our 601 waiver approved for my wife? There are many articles from Moscow or Russian newspapers we can cite regarding skin heads atttacking Asians or Blacks. Just few days ago, an Asian got bashed in the head with a pipe.
Laurel: I would certainly use that. I've used racism as an argument in a few waivers at different locations and have had repeat success with that argument.
Laurel: Ok, guys. There are still a lot of good questions pending, but I gotta go. Next Wednesday I'm getting my foot x-rayed. I have to double check the time I'm supposed to go in. I'll post on Immigrate2us.net if there will not be a chat.
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.
Mindy: Good morning Laurel... would you accept starting a case now with I-30 which will take 6 months then we need to do 601
Laurel: Are you the one I owe an email to? You're on my list of people to get back to, I promise. Yes, I'll go ahead and get started with the forms.
laurafern11: Hi Laurel,
There is an I2US member with a CDJ interview scheduled Nov. 30. He has a DUI/reckless driving conviction from August 2006 and their lawyer is advising them to go to CDJ despite this, arguing that while he will be sent to the physician for an evaluation, he is not likely to be classified as an alcoholic and therefore will not be denied eligibility to file the waiver until three years has passed. (My writing is starting to sound like the LSAT!!!) Anyway, some of us have been arguing that while that scenario is possible, there is also quite a good chance that he won't be able to file the waiver right away, and even if he is allowed to file the waiver, he's almost certainly going to go into the backlog. His wife is pregnant (classified as high-risk), and she has suffered postpartum depression before, so there are a number of concerns, but they also really want to get this whole thing overwith. Also, member JMRJ found this quote from Santiago Burciaga: "A single DUI conviction within the last two years will result in a denial based on the medical ground of inadmissibility for having a 'physical or mental disorder with a history of harmful behavior associated with the disorder.'" Is this the CDJ standard? If this was your client, would you advise them to go, or wait until three years had passed? Also, if he does go, will be be required to have proof of rehabilitation and whatnot from the past year?
Laurel: I'm not sure Santiago said that a single DUI conviction within the past two years, when the applicant has no other convictions at any time, would result in medical grounds of inadmissibility. What he may have said was that if you did have a prior DUI and then another within the past two years, THAT would make you ineligible for the waiver. Even if he's able to file, it may end up getting referred, especially considering that the DUI charge is complicated by the "reckless driving" charge. That additional charge makes me want to examine the case further and if I'm thinking it needs a closer look, the adjudicator may think the same and refer it for further review. The adjudicator will probably not be impressed by the difficult pregnancy and prior post partum depression.
laurafern11: From Arodrigues: I just got my I-130 approved and am building an outline for my HSL. My husband taught physics in Brazil, and from my research, should be able to continue that profession here without further education. I'm undecided as to whether to include that info and here's why: Should I mention that if forced to move to Brazil, we would be unable to live on my husband's salary as a physics teacher of $x.xx, annually? (Even teachers in that rural area make nothing). Would it be at all relevant to mention the need for teachers here, especially in sciences, since I know the hardship has to be to me? I'm just wondering if it could potentially help or hurt my letter..
Laurel: Whenever you're looking at local salaries for something in a foreign country, you also have to look at what the cost of living is. If you're arguing that for a given profession people usually only make $2000 per year, that's not a strong argument if most people in that country make $1000 and $2K is enough for an apartment and food for the family.
Detriment to the community in the US is almost never a factor in the waiver.
laurafern11: From Klaudia: Pertaining to the immigration laws and regulations, which is better when compared to one another, entering the US at a port of entry using someone's elses name or entering without inspection? I know that both of these entries make a person inadmissable but I was looking to see if there is any difference between the two in terms of defending or approving your waiver.
Laurel: Interesting question as right now there is a somewhat heated debate on the AILA attorneys-only forum about whether someone who entered with fraud is permitted under the law to adjust status. We (attorneys) agree that CIS seems to be allowing it, but the debate is whether CIS can suddenly start reading the statute differently at any time and say that people in this situation cannot, in fact, adjust. But once you proceed abroad and are doing a foreign-filed waiver, misrepresentation is far worse than simple unlawful presence subsequent to EWI.
laurafern11: From Izzie: My fiancee came to the us illegaly in August 1999 and was arrested for drug-related crime (21:841(a)(1) & 846 CONSPIRACY TO MANUFACTURE, DISTRIBUTE AND POSSESS WITH THE INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE) on June 2000 and released on October 2006 with deportation and a life ban stating he is inadmissible because of an aggravated felony. (He was in prison from 2000 to 2006). I met him back in 2004 and we have been engaged since last October. I am now pregnant (7 mos) with his child and need to file for his admission, but as you can see it really sounds hard. Please let me know if there is a waiver for his felony. If he qualifies for a waiver, I have good evidence of hardship I can submit due to the fact that my unborn baby was diagnosed with X-Linked HyperIGM and will be needing special treatment and unfortunately a bone marrow transplant to be cured.
Laurel: No waiver for any drug-related offense other than a single conviction for simple posession of marijuana. The baby is (will be) a US citizen and is free to enter the US to get life-saving treatment.
Mendoza: Laurel, when someone submits a waiver through the pilot program and they are not approved on the spot, there are 3 boxes they could check to indicate why they were referred: not sufficient evidence, FBI check, or infopass irregularities. If none of these boxes are check, do you have any idea what this means?
Laurel: It means that someone forgot to check a box.
Laurel: I'd have to evaluate the case to try to guess what caused the referral.
Mindy: my huaband has diabetes, high cholestrol, back pain, he takes medications. He was born in Lebanon but he does not have a labanese passort, he has a "refugee licenese" to live there, since his parents had immigrated from Palestine to Lebanon in 1948. I am from Jordan, and a woman is not allowed to give her husband a Jordanian passport.
Laurel: This case sounds awfully familiar ...
What is your question?
luz: My uncle is a naturalized citizen. He was in federal prison on drug charges and was already released. He lost his naturlized citizen document and wants to get it replaced. Would they look into his new criminal record after the naturalization. Thanks for your help.
Laurel: Whatever happens after naturalization is irrelevant. Denaturalization is extremely rare and can only occur if you lied on your naturalization application. The vast majority of denaturalization cases are ... Nazis. As I presume your uncle is not a Nazi, he should have no problem getting a new copy of his naturalization certificate.
petal07: Laurel...how is your foot doing? I hope fine. If the NVC has asked for more info regarding your I-864 and the joint sponsor who initially submitted the form is now refusing to give the additional information, can they re-submit and new I-864 by someone else?
Laurel: My foot is getting better, but my toe looks funny and I'm concerned about whether its healing right. I'll get a new X-ray next week and then we'll know.
Yes, you can get a new joint sponsor at this stage of the game.
cm21om25: This question is for a friend of mine, Her husband is from El Salvador and he came here illegally when he was 14 and then he got TPS after he got here still being 14 years old. He is now over 18 and his TPS has been expired for more than a year.
His wife has applied for the I-130 so far. Does he have to leave the country? Is he considered EWI or overstay?
Her husband had to go immigration court because he didn’t change his address. Therefore he might be deported or get voluntary departure.
Laurel: If he ever got Advanced Parole while he had TPS and used it to leave and return, then he would be an overstay, eligible to adjust through USC spouse. Otherwise, he's an EWI.
izziebella: Good morning Laurel. I am new to this. My case is a difficult one because my fiance has an aggravated felony due to drugs. I do have hardship I can submit as to my son was diagnosed with a very rare disease. Would there be a chance for his felony to be waived?
Laurel: Guys, guys, guys. No waiver for any drug-related offense other than a single conviction for simple possession of marijuana. Period. Hardship is irrelevant.
Laurel: I don't mean to sound callous. Its just that the law is callous and there's nothing I can do about it.
Mindy: Oh Laurel I am so happy to hear that. You have no ideal what I have been through with lawyers since 1996.
Laurel: I think I have an idea.
jenny: When my husband came here over 3 years ago he was picked up by immigration within 20 min upon crossing the border with a bunch of other people and he said they put him in jail for about an hour and took his finger prints and dropped him off at the mexico border (he is guatemalan). After being dropped off he came in a different way. If I was to do the I130 & I601 waiver process, will he be banned for life for entering the US illegally? Would his info be in the system? Is there something I can do to make him legal?
Laurel: Do FBI fingerprint check to make sure it wasn't recorded as a deportation. Sounds like a catch-and-release though so you should be ok doing the foreign-filed waiver process.
Laurel: That is to say, he shouldn't have problems with eligiblity. Ultimate approval depends on hardship to you, which I haven't evaluated.
ps: hi my husband was here on his h1 and i came over on a dependent visa. one evening i decided to help my uncle who runs this restuarant. when i served drinks to this two men i found out they were undercover cops who arrested me for serving alchohol with checking the id. which wasa mis demenour. Now my husband got his greencard but i am called in for an interview. will this be looked at as working without permit or as serving alchohol to underaged kids
Laurel: I expect the misdemeanor to qualify for the petty offense exception, but you might have an issue regarding working without authorization as that would violate the terms of your visa, putting you out of status and then unable to adjust through an LPR spouse. I would argue to the nines that you were not "working" and you were just helping your uncle out on this one occasion. I think it'll be an uphill battle though as even that much, which you pretty much have to concede, may qualify as working without authorization.
Laurel: If you lose on the AOS, you might ... might ... be able to convince the consulate that while you violated the terms of your visa you were not accruing unlawful presence toward the 3/10 year bars. Better to win on the AOS, though.
Ed: Laurel: My wife overstayed for 3 yrs in the U.S. She is in Russia now. We just got married two months ago in Russia. We will file I-30 but will most likely get denied so would need a I-601 waiver. What is the chances of getting our waiver approved based on extreme hardship?
Laurel: Depends on the facts of your case.
Mindy: Laurel I have prepared a "good" but not final hardship letter, do u want me to e-mail it to u? and since u said you will get started with the forms, what is the next step? do u want me to call your office and schedule a phone meeting with you?
Laurel: I'll call you this afternoon after I get a chance to eat something.
jhperez: Laurel, I have allready sent in the I-864 as well as the DS-230 I and II but i have not gotten any response or letter from NVC stating that they have rec'd the forms or a letter stating our case has been sent to Cuidad Juarez. I emailed NVC and they email back saying they rec'd all forms and we will get an appt when availabe. My question is,,,dont they usually send out a letter saying the case sent to CDJ?? Is there some kind of issue going on where they are behind, becuase thye rec'd these paper in July. Thanks Jill
Laurel: They are supposed to send a letter informing you that the case is sent to CDJ, however, I think I actually get this letter about 10% of the time. Don't stress that you never got it.
Sandra162: Laurel The I-864 states the sponser fill out their income for the past three years. What if the sponser has not worked and has not filed Income tax for all three previous years? What do they do?
Laurel: They include a note stating that they made less than the amount required for filing an income tax return. I recommend a joint sponsor.
Ed: Laurel, is it true that it's best to find out the attitude of the immigration officer towards the 601 waiver for that particular office or region that does the approving?? I talked to a lawyer yesterday and he suggested to do that first and build our case around their attitude.
Laurel: I have found it very useful to have a feeling for what a particular OIC is looking for. But this is not always possible. Not every OIC wants to be my friend, which means I have to learn to "read" them from their denials. That, of course, means I don't start to understand the person until I lose a case, and I don't like to lose cases.
susan_g: this is my husbands arrests and convictions 2000 dwi probation and completed, 2001second arrest dwi but dropped infuscient evendince, 2002 didnt realize that licencses was suspended from the arrest of the 2nd dwi, arrested and paid fines and recieved licensces back . In the last update u posted , it mentioned that if you have any arrests and conviction , to acknowledge them and would you recommended just explaining how it got the 2nd arrest was droped, and not focus on the acutally arrest or do you think he might have to convice he will never drink and drive again: the lawayer proved inffucscient eviedence because the video they took showed clearly he was not intoxicated.
Laurel: I would supply all documentation, and say why the charges were dropped and include any possible evidence that the charges were dropped because he was, in fact, NOT DRUNK
JGM: hello Laurel, Last week I explained to you my wife' s situation and what happened to her because she got turned in by a coworker and also becuase of the I-9 form, right. But my question still hasn't been answered. Is there anything we can do to change this??? what about the one thing about the TSC taking application for this kinda case, does it apply?? I'm desperate, Can you help?
Laurel: She claimed to be a USC on the I-9 and Immigration has come into possession of that I-9, correct? That's a false claim to US citizenship and there's no waiver for false claim to citizenship. She is stating that she thought she was a national because she'd applied for something or other (as I recall). The rules for bona fide, but erroenous belief that one is a US citizen or national are very strict and what you're describing does not qualify. I'm afraid she's simply out of luck.
Pinkpig: Laurefern11 - remember that immigration attorneys need a very good sense of humor!
Laurel: Otherwise we go a little nutty.
cm21om25: Laurel, I had talked to you yesterday around 10 am. I was just wondering, My husband is studying to be a Doctor, after December he will only need to go to Medical School for 4-5 years and then he would be a Doctor. Could that benefit us in any way?
Laurel: Maybe. Its worth looking at.
JGM: Can we try to reopen her case, and work on it?
Laurel: If my recollection of the facts are correct, the damage is done.
MAX: Hi Laurel, are you the lawyer?
Laurel: God, I hope so because I sure have a lot of student loans and being a lawyer could really help me pay those off.
laurafern11: Re: Izzie's question about the drug charge - are you saying no waiver ever?
Laurel: Ok, one more time for clarity. For any drug-related conviction with the single exception of simple possession for marijuana, there is no waiver at all, forever, 100% regardless of the hardship to anyone. Unless of course you're a celebrity like Paul McCartney, who should be quite permanently inadmissible yet manages to keep getting in.
Ed: Laurel, will our I-601 waiver has a better chance of being approved if my wife and I have a baby? If it does, how much will it really improve our chances? We ARE ready to have a baby together but we're afraid to go ahead because we don't want to be separated as a family.
Laurel: This is one of my least favority questions because I don't like being involved in couple's decisions regarding whether/when to have children. Yes, it helps the waiver somewhat, but it is by no means a 'slam dunk'. But having a baby specifically to improve chances of getting a waiver is a lousy reason to have a baby. I recommend you go forward with your life decisions and work the waiver process around your life decisions, rather than working your life decisions around the waiver process.
mgodoy: Laurel my question is my husband got a ten year ban to the US and not eliglible for a waiver until his ten year ban. any suggetions on what to do? I have a lawyer that is helping , but not as fast as we(my husband and I )would like.
Laurel: So its a ban under INA 212a9C? I'm not sure what the lawyer is doing, but usually once you get that 'sentence' you're out of luck and if it were me I wouldn't be charging the client for any kind of work on the case. There are exceptions if you think you can get the decision overturned, but that's hard to do.
Disclaimer: Its possible that what you've written above doesn't tell the whole story and what your lawyer is doing is perfectly legit.
marflores: Hi Laurel...My husband has domestic assault (gross misd) ended up being dismissed in 98. Also has DUI (misd) in 2001. Wiil this put him into backlog?
Laurel: Domestic assualt is a violent offense that will almost certainly lead to a referral to the backlog.
Roxy: Hi,Laurel. In a case of misrepresentation, how important is for the adjudicator the reason for what the fraud was comitted? Vienna adjudicator, specially. Thanks.
Laurel: I would only get into it if there were compelling extenuating circumstances of some sort.
laurafern11: For Hannah - if a Mexican entered the U.S. with a border crossing card as a child and never left (and has since lost the card) is that a basis for AOS in the U.S. if he is now married to a USC? If they cannot find the card, could they get a record of it from somewhere?
Laurel: Tough one. If he can convince the adjudicator that he entered with a border crossing card, he might be able to adjust status, but I don't know - sounds like its going to be hard for him to prove. The waiver process might be easier, but it does carry some risk as you all know and I normally encourage people to exhaust all currently available options in the US before proceeding abroad. I don't know. Even though he should theoretically be able to adjust, I MIGHT just suggest doing the waiver since he's Pilot Program eligible.
lumartin: I am a us citizen and my mother lives in Acuna, Mexico. I was raised in Mexico but have now lived in the US for 5 years. I would like to arrange for her to be a permanent resident. She is now visiting me legally with a visa. Would it be best to try and fix her papers with her in the US or in Mexico?
Laurel: Wait till she's been here at least 60 days and then file AOS. As long as this wasn't her intent before she entered the US on a visitor's visa, it should be ok. If she were currently in Mexico in possession of a visitor's visa, I would not recommend she enter as a visitor with intent to adjust status.
cm21om25: I don't know about the Advanced Parole I would have to ask but he has never left the US. So would that mean he would have to go back to El Salvador and do the I601?
Laurel: Yes
jeni2007: How long do you think a I-130 received on Oct. 1 and being processed in Juarez will take to be approved? How long might a K-3 take, also processed in Juarez? Although, since we have not recieved NOA1 for the I-130 we have not filed the K-3 yet. The current backlog is killing us.
Laurel: This is a direct consular filing I-130? You will hopefully have an interview next summer or fall.
Sandra162: Laurel, have you heard about the pilot progam starting in Hondorus?
Laurel: No official or unofficial word on that whatsoever.
MAX: Hi Laurel, I am mexican citizen I apply to get a tourist visa in 1997 in United States Embassy located in Mexico City, unfortunately I did a fraud when I show a false paper, so I asked years ago so the embassy and the recomend me to apply for a waiver of excludabilityI also received a letter from the Homeland Security Deparment asking me to ask for a personal waiver when I apply again with the USA Consul as I never been deported but I am confusse now I was thinking is the " HSD".
Laurel: Are you married to a citizen? What type of visa are you applying for? A waiver applicantion can't be filed by itself; it has to be filed in relation to some sort of visa application.
Ed: Laurel, what is or are the most common reasons for extreme harships that they would approve an I-601 waiver case. Can you site some specific examples? Thanks.
Laurel: Look at my memo: www.visacentral.net/I601Memo.pdf (http://www.visacentral.net/I601Memo.pdf)
jeni2007: My husband is waiting out theI-130 process with me as a tourist in Mexico and cannot work as a tourist. He has no income, but his father who has a high income will sponsor me. Will he being here, not working effect us on either process?
Laurel: As long as you have a co-sponsor you should be ok.
Ed: Laurel, do you know the OIC (in Russia) attitude towards the 601 waiver or do you have the feel of what their looking for towards the 601 waiver in Russia? If you do, what can you comment on it? And what city ahd county does the 601 waiver being adjudicated if we applied a waiver for my wife who is in Moscow?
Laurel: I'm sorry I don't have any advice to give on Moscow at this time.
raiden-wash: No waiver for the kilo in my trunk? j/k
Laurel: LOL
jenny: How do you get a FBI fingerprint check without submitting fingerprints?
Laurel: You submit fingerprints. I think I give some info on the fingerprint check on my memo.
susan_g: how can you find out if someone checked the box us citizen at the DVM while getting a licenses. and if so its been a long time ago and cant remeber and it sounds like you cant do anything about it. or can you
Laurel: Doesn't matter. Driver's license is not considered an immigration benefit, so false claim to citizenship on driver' license application will not trigger INS 212a6Cii.
JuarezBound: Does a K-3 Visa give you authorization to work? Would a letter from my husbands employer help letting the consulate know he will have a job when he returns?
Laurel: It gives him eligibility to apply for employment authorization, but he still needs to complete an I-765 and wait for the EAD.
raiden-wash: LOL I love that one!
nmm: Laurel, do you have any updates on the backlog? What is your opinion on how much longer it will take for CDJ to finish the backlog?
Laurel: I don't have any updates at this time. Sorry.
lumartin: My husband received his permanent resident card in August after waiting a year for the 1 601 to be approved. It is not the conditional one. Is there anything else we need to do other than inform them of address changes. Thanks.
Laurel: no. You're good.
Ed: Laurel, I'm an Asian American from California and there are skin heads in Russia where my wife lives. Will this be a good reason for extreme harship for getting our 601 waiver approved for my wife? There are many articles from Moscow or Russian newspapers we can cite regarding skin heads atttacking Asians or Blacks. Just few days ago, an Asian got bashed in the head with a pipe.
Laurel: I would certainly use that. I've used racism as an argument in a few waivers at different locations and have had repeat success with that argument.
Laurel: Ok, guys. There are still a lot of good questions pending, but I gotta go. Next Wednesday I'm getting my foot x-rayed. I have to double check the time I'm supposed to go in. I'll post on Immigrate2us.net if there will not be a chat.