Laura
11-14-2007, 03:17 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.
Pinkpig: MAX not yet....after Laurel gives the rules
Laurel: Yes, we must play by the rules
keithsclaudie: Hello Laurel: I entered the country in my aunt's car in 2000 (my aunt is a USC), I was sitting at plain sight. The immigration officer saw me but never asked any questions to me or any of us sitting on the back. I remember my aunt showing the officer some sort of ID and that was it we were good to go. Somebody from the immigrate2us website has mentioned that they had a similar case to mine but that her husband was hiding and it made all the difference. She said I should ask you about it because there might be more options in my case. I don't have any criminal record. Is it true that I might be considered with inspection just because I was sitting there at plain sight? I'm married to a USC and we have a 4 year old. We have been married for 5 years now.
Laurel: Its a "wave-through" case or a "Matter of Areguillan" case. You will be able to adjust status IF you can prove that your story is true. Its all about the evidence in a "wave-through" case.
roxy21: Good Morning Laurel, Yesterday one of our forum friends was told that she was not able to submitt a second waiver, because she had an appeal pending. i thought we were able to submitt a second waiver. another forum friend was there also and her husband was able to, what happened? There are 3 of us going to CDJ in the same situation in December, we want to know before we waiste our money.
Laurel: I believe the announcement made by Santiago Burciaga was that you can ask to schedule a new immigrant visa appointment even if you have an appeal pending. The announcement did not clarify whether you can file a new waiver packet if you have an appeal pending. But for CDJ, unless you're in some sort of legal wrangle, chances are its best to withdraw the appeal and refile through the Pilot Program.
Venus_and_mars: What are my chances to get my waiver approved if my hsl was only one page, but supported with doctors letters.
Laurel: Very short waiver packets are more likely to result in a finding of not enough evidence, but its not an automatic. One of the CDJ adjudicators told me she loves to get 6 page waiver packets when those six pages are very convincing. For me, I would be nervous about filing just six pages, despite what she said. On the other hand, you can file 100 pages of unconvincing stuff and that won't get you approved. And, a doctor's note, by itself, will not automatically get a waiver. It depends on what the doctor is saying.
claudia: does exist a risk to get denied a second waiver? and what is the next step after the 10 years of punish out of USA . Do i have to fill a new 1 130 Im a wife of an american citizen and my waiver was denided 6 months ago , so, I already have 7 years living in Mexico and my attorney applyed for a new 1 130 .The reason of the denied because the hardsip was not extreme
Laurel: If you've already waited out 7 years of the ban your new waiver will have to explain what's different about now as compared to the last 7 years when you were making it through.
laurafern11: From Estrella - My husband had an entry in 1997 for under a year & then a subsequent entry in 1999. My concern is whether he be asked to provide prove that he was in Mexico between December 1997 until October of 1999? I have not been able to locate any documents that would evidence he was in Mexico during that time. Our appt is getting closer and closer & I am freaking out more & more about not being eligible for the waiver.
Laurel: I can't say there's no way it would be an issue. Get letters from witnesses who can attest to his presence during that time. Clergy make great witnesses for things like this. If he was going to mass on Sunday, get a letter from the priest.
Laurel: Laura, I never answered your last email. Yes, I will get it to you by the end of the month. I'm just extremely swamped this week with a waiver and an appeal today and my speaking engagement tomorrow.
Laurel: I volunteered to show a preview of my documentary at the speaking event. That was before I knew my case was going to be denied and I would have to have an appeal done before leaving. STRESS!!
laurafern11: From EPM - We filed the I-102 in early October and it was received by CIS on October 12. The case status says pending for the I-102. We haven't heard if they have found anything BUT we just received the Request for Applicant to Appear for Initial Interview letter dated November 5. The case status for our AOS says, "Response to request for evidence received, and case processing has resumed. On October 26, 2007, we received your response to our request for evidence." Does this mean that they found the evidence they were looking for or is the right hand operating separately from the left? If they haven't found his I-94 info yet, do I need to reschedule the interview?
Laurel: It sounds like things are probably ok, but check his A # with the EOIR 800 number just to be sure he's not in the system.
roxy21: I know you have many cases and you are not taking new ones, but you can not even take mine to help on the hardship letter and forms???
Laurel: The most important things I do is provide the list of supporting documents and review them when they come in to make sure they prove the case. I wouldn't want to handle a case and not do that part. If you want another attorney to take the lead (such as Annie), I can do the supporting document stuff while she handles the rest.
Laurel: I've said this before, but I'll say it again. YOU PROVE THE CASE WITH THE SUPPORTING DOCUMENTS, NOT THE LETTER OR THE BRIEF!!! Yes, I'm shouting.
Q: Laurel - if you were talking about the LOR - no problem - just mail it to the UW address... thanks again!!!
Your question has been submitted to the moderator.
Laurel: One more time ... YOU PROVE THE CASE WITH THE SUPPORTING DOCUMENTS, NOT WITH THE LETTER OR THE BRIEF!!!
Laurel: The purpose of the letter or brief is to make sense out of the supporting documents.
laurafern11: From Adriane:
Can a USC legalize his parent who has Overstayed a valid visa and is currently in the US (entered on tourist visa in 2000, never left)? What is the process? No paperwork has ever been filed on this person's behalf.
Can a USC legalize his siblings who have overstayed valid visas, are currently in the US and are 19 years old? What is the process?
Laurel: Parent of USC - yes. Sibling of USC - no. You can file an I-130 for the sibling, but only the immediate relative of a US citizen can adjust status through family after having gone out of status. For purposes of immigration law, "immediate relative" means: spouse, children under 21, stepchildren under 21 as long as the marriage took place before the child turned 18, parent if the petitioner is at least 21.
Laurel: Procedure: see my YouTube video on simple AOS. There's a link to my YouTube videos on my webpage.
jeni2007: Hi Laurel, I sent my I-130 to Nebraska and I heard that it is then forwarded to California. The USCIS website says that they have approved I-130's through 8/30 (but it has said this for the last four weeks!). Do you have any news on this? How much longer do you think NO1 could take?
Laurel: They update it every month. Just check back in a few days.
laurafern11: From Appeal-ers:
Yesterday member MMartinez and husband had their second "first" interview in CDJ. They were denied their I-601 some time ago and filed an appeal. In the meantime, they got another appointment and scheduled an Infopass, but were told at their visa interview yesterday that they cannot file another I-601 while their appeal is pending. In a copy of the email MMartinez got from the consulate (it was posted on I2US) the Consulate person said she could get an interview scheduled while an appeal was pending, but it doesn't say anything about the I-601, I guess leaving that question open. At the same time, member Morena is in CDJ right doing their second visa interview process again after being denied their I-601. She filed an MTR rather than an appeal, and was apparently not told that she couldn't file another I-601. Is it possible that someone with a pending appeal cannot file another I-601 while someone with a pending MTR can? Could you clarify, or maybe ask the appropriate person when you are able?
Laurel: Asked and answered. See above.
Venus_and_mars: I filed my waiver last february 1st.. and would like to know if i can fill a new one and go tru the pilot program, i have my appoinment 130 next december
Laurel: You'll probably have to withdraw the pending one. Be aware that if you do that and your new I-601 gets referred, it goes to the back of the line. If you filed Feb 1, chances are, your backlogged waiver will be decided within 2 months of your new interview anyway. You can schedule the InfoPass anytime up to one year after consular interview. I recommend you go to the interview, but don't make an InfoPass appointment yet. Wait for the decision on the pending I-130. If it is an adverse decision, you'll know what you previoulsy filed wasn't good enough. You can make it stronger, make your InfoPass appointment at that time, and then refile.
keithsclaudie: how can I obtain the evidence? It is true. That's the way I've entered.
Laurel: That's going to be unique to each case.
dnegrete: good morning .well my husband entered in 2000 and then again in aug 2001 and sept 2001 all EWI. he was returned both times in 2001 at the border. in 2001 he was 17 yro. and finnally tried a third time in sept 2001 and was able to make it here. he returned again to mex in 2003 and 2005 to try to obtain a visa through his job but was denied both times so both times he returned with EWI. i am a USC and petioned for him feb 07. His aunt had petitioned for him in 1999, and we have an atty and according to him he said that it would fall under 245i grandfather because of that previous petition. he got a work permit and ssn and we have our interview here in houston on nov 29th. and i am barely finding out that the petition will be void because he is not suppose to enter and leave,and when we go to interview they will give him a 10 yr bar, is that true and is there anything i can do? according to the atty he said that their is a waiver and things we can do, but im starting not to trust him anymore
Laurel: He clearly has a 9C problem. 245i trumps 9C in the 9th circuit only, not in Texas. I recommend you move to consult with a California immigration lawyer to double-check the limits of 245i trumping 9C, move to California, and have the case transferred. You probably won't want to go to the interview in Houston on the 29th.
Mendoza: Laurel, someone from the forum was denied in Spetmeber for their I-601. Since she received the informaiton, she has been trying to request a 2nd interview. She has confirmed that they have the denial in the system. On a weekly basis she has requested an new interview as you instructed on the forum. She has received several different replies, including that waiver now take 12 months to 14 months (my guess here they didn't even read the email) to that she has to submit an appeal before she gets another appointment. Nobody has agreeded to put her in line for another appointment. Is there anybody (phone number) that she can talk to or anything else she can do to get another interview seeing that she is getting no where with the email? Thanks!
Laurel: Announcement: the email system at the consulate in Juarez is down. To get the new appointment, send a fax and mail the request (certified mail, return receipt). If you don't get a timely response, enlist the assistance of your Congressman.
JLuca78: Laurel I Have a question ? we went to Cdj for the k3 visa The Laywer never gave me a waiver .. so we came back I writing the letter but I don;t know if I shouls say I Live in Mexico with him I live in a bodertown .... can you please give me advised >? Oh and something else my appoinment was in Sep 7 ? Is that Bad that I havn't got the infopass appoimnet ?
Laurel: You should tell the truth about where you live. What do you mean the lawyer never gave you the waiver? Is he still working on it? You should keep trying to make your InfoPass appointment.
christytorres: good morning laurel. how can you withdraw your appeal in order to keep your 2nd appt. I have one for next month. I am worried. I was denied back in Nov 06, filed an appeal and granted a 2nd interview for Dec 07. thanks
Laurel: Send a notice to the AAO requesting withdrawal of the appeal. Keep a copy of the notice you send. Send it certified mail, return receipt and keep proof that it was received. Take those items with you to the InfoPass appointment.
Laurel: I recommend you send the notice requesting withdrawal at least 6 weeks in advance of your intended InfoPass appointment. If its already less than six weeks now, just send it ASAP.
Mendoza: So for the person that was not able to refile due to a pending appeal, since she already had her interview and they told her she cannot file, what can she do? Does she have to withdraw the appeal and then request another appointment? Or can she withdraw the appeal and then make an infopass? (wishful thinking....)
Laurel: Not sure whether she can make another InfoPass. I'll have to ask Warren. Probably since nothing was accepted.
everything4love: sorry this long. this is an after 601 approval question. before my husband's waiver was approved he used a fake soc to get a drivers license and to open some accounts(we have closed all but cell) . the problem is now we have to try and change everything over to his real soc number. with the driver's license there is no way w/o admitting what he did and he will lose it due to fraud of giving fake number. i am wondering if we let it go and sometime down the road its found out and will it cause problems with getting conditions of gc removed or citizenship. what am really asking is since he used it prior to waiver and getting approved if he still has that number listed on his stuff can be be in trouble even if it was before the approval. what can we do.
Laurel: Switching socials for the employer is normally not a problem. But the driver's license issue ... no one has brought that up before. Yes, that's a sticky one. I recommend you consult with a good criminal attorney in your state and find out how often the state prosecutes such violations. It may end up that a plea agreement is advisable despite the detriment to the immigration case. You need a driver's license and I strongly advise AGAINST continuing to use a fake social, especially after you're legal.
claudia: I dont want to be negative ,but if my second waiver is denied how longer I have to wait after the 10 years
Laurel: If its a 9B ten-year bar, then as soon as the bar is up you can ask for an appointment to pick up the visa, though you should plan ahead to make sure the immigrant visa case is still current as the bar expires.
mirna: Laurel, I am petitioning my husband who entered ewi ,we stopped our process before sending in the $370?? bill and the affidavit of support because because he would have to leave the country and would probably be banned to come into us.It has been one year since we contacted the NVC, what do you recommend we do now.
Laurel: need more info
lachingona1: Hi Laurel! My Hubby has a misdemeanor charge from 2000. The law he was convicted under was later ruled to be unconstitutional, how does that affect our case? What steps should I take to use that to my advantage? Our first Appt. is in 4 weeks.
Laurel: Contact a criminal attorney to get it expunged. Bring the expungement and criminal record to the interview.
MAX: Hi Laurel - I applied for a tourist visa 1997 in USA Embassy Mexico City, unfortunately I show them a fake document so they denied my application for this fraud. I am Mexican citizen single and No relatives in USA. what you recommend me to do according your experience in order to get a tourist visa. Thanks for yoru comment
Laurel: You need a (d)(3) nonimmigrant waiver. Contact Dan Green. Does someone have his website handy?
ed: Hi Laurel, my wife is Colombian, entered on a fiancee visa, married her ex-husband within the 90 days, and then he quickly divorced her, after abuse (wanted sterilization among many things and he probably was gay). We married 4 months after her divorce was final and I am a USC. We have visited one immigration attorney up here in Oklahoma who still believes we can file a VAWA case even through she has re-married, calling us at the house several times to urge us. And does cancellaton due to VAWA still have limitation of not possible if you have re-married?
Laurel: I'm not a VAWA expert, but I think she's not eligible because she remarried. It sounds like it might make a good waiver case, though. Just bear in mind she'd be abroad at least 8 months.
jeni2007: We submitted a I-130 to the Nebraska center, since then my husband (the USC) was notified that he can become a resident of Mexico which makes us eligible for DCF in Mexico City. Even if we already applied in Nebraska, can we do DCF to make this process run faster or is it too late?
Laurel: Whether its worth it depends on how long ago you filed the I-130
dduran: Hi, are you willing to take case only to inquire waiver status? There are some of us still from Sept, Oct. still waiting. I've got my congressmen & have called all # possible, even talked to Mr. B.
Laurel: Mr. B doesn't know what's going on with your waiver. He works at the consulate, not CIS.
No, I don't want to take on an "inquiry case". From my point of view, those are the worst cases for me because its always more time and way more stress than it looks like, but the client doesn't think much is involved in making the inquiry, so its hard to charge for the value of the time and stress. I have regretted taking on every single "what's going on with my case?" case I've ever taken. No exceptions.
JuarezBound: When putting the evidence together for your HSL is it okay to highlight the important parts of an article so they stand out?
Laurel: Absolutely, but use articles sparingly. If your 70 page waiver packet contains 50 pages of articles, that's not good.
Laurel: Guys, there are always more questions than I can get to and it takes time to go down the list. When someone's post starts with statements like, "Why hasn't my question been answered?", I'll just move on to the next one.
ed: How is the Consulate in Panama on waiver approvals such as do they require a level 1 argument, or a 2? I believe I have a solid 2 (brother is paranoid-schizophrenic and will live with me as my parents age plus I have children from another marriage and pay child support).
Laurel: For now I'll say that Panama City is a moderate to lenient office despite the recent denial I got out of there. The argument you describe could be very strong, but you have to prove why it has to be you who takes care of the brother, i.e. if you have any other adult siblings, that needs to be addressed. You also have to be convincing that your parents' age is ALREADY catching up with them in regard to your brother. If your parents are in excellent health and can probably handle it for another ten years, that erodes your argument.
JLuca78: LAUREL .. The one that never gave me the waiver was the people helping out with the k3 visa .. after i came from Juarez I copntracted a laywer ? he just said get some letters write a letter and then i make the appoinment ? But its really hard for me ? what kind of evidence ?
Laurel: I recommend you read my memo on waiver that can be found on my website.
Laurel: Ok, guys. Gotta go. I'm flying to Philly tomorrow to speak at an AILA event there. For those of you who will be joining me for drink(s) in the evening - I'll be at Fergie's on 13th and Sansom. I think maybe after 8pm??
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.
Pinkpig: MAX not yet....after Laurel gives the rules
Laurel: Yes, we must play by the rules
keithsclaudie: Hello Laurel: I entered the country in my aunt's car in 2000 (my aunt is a USC), I was sitting at plain sight. The immigration officer saw me but never asked any questions to me or any of us sitting on the back. I remember my aunt showing the officer some sort of ID and that was it we were good to go. Somebody from the immigrate2us website has mentioned that they had a similar case to mine but that her husband was hiding and it made all the difference. She said I should ask you about it because there might be more options in my case. I don't have any criminal record. Is it true that I might be considered with inspection just because I was sitting there at plain sight? I'm married to a USC and we have a 4 year old. We have been married for 5 years now.
Laurel: Its a "wave-through" case or a "Matter of Areguillan" case. You will be able to adjust status IF you can prove that your story is true. Its all about the evidence in a "wave-through" case.
roxy21: Good Morning Laurel, Yesterday one of our forum friends was told that she was not able to submitt a second waiver, because she had an appeal pending. i thought we were able to submitt a second waiver. another forum friend was there also and her husband was able to, what happened? There are 3 of us going to CDJ in the same situation in December, we want to know before we waiste our money.
Laurel: I believe the announcement made by Santiago Burciaga was that you can ask to schedule a new immigrant visa appointment even if you have an appeal pending. The announcement did not clarify whether you can file a new waiver packet if you have an appeal pending. But for CDJ, unless you're in some sort of legal wrangle, chances are its best to withdraw the appeal and refile through the Pilot Program.
Venus_and_mars: What are my chances to get my waiver approved if my hsl was only one page, but supported with doctors letters.
Laurel: Very short waiver packets are more likely to result in a finding of not enough evidence, but its not an automatic. One of the CDJ adjudicators told me she loves to get 6 page waiver packets when those six pages are very convincing. For me, I would be nervous about filing just six pages, despite what she said. On the other hand, you can file 100 pages of unconvincing stuff and that won't get you approved. And, a doctor's note, by itself, will not automatically get a waiver. It depends on what the doctor is saying.
claudia: does exist a risk to get denied a second waiver? and what is the next step after the 10 years of punish out of USA . Do i have to fill a new 1 130 Im a wife of an american citizen and my waiver was denided 6 months ago , so, I already have 7 years living in Mexico and my attorney applyed for a new 1 130 .The reason of the denied because the hardsip was not extreme
Laurel: If you've already waited out 7 years of the ban your new waiver will have to explain what's different about now as compared to the last 7 years when you were making it through.
laurafern11: From Estrella - My husband had an entry in 1997 for under a year & then a subsequent entry in 1999. My concern is whether he be asked to provide prove that he was in Mexico between December 1997 until October of 1999? I have not been able to locate any documents that would evidence he was in Mexico during that time. Our appt is getting closer and closer & I am freaking out more & more about not being eligible for the waiver.
Laurel: I can't say there's no way it would be an issue. Get letters from witnesses who can attest to his presence during that time. Clergy make great witnesses for things like this. If he was going to mass on Sunday, get a letter from the priest.
Laurel: Laura, I never answered your last email. Yes, I will get it to you by the end of the month. I'm just extremely swamped this week with a waiver and an appeal today and my speaking engagement tomorrow.
Laurel: I volunteered to show a preview of my documentary at the speaking event. That was before I knew my case was going to be denied and I would have to have an appeal done before leaving. STRESS!!
laurafern11: From EPM - We filed the I-102 in early October and it was received by CIS on October 12. The case status says pending for the I-102. We haven't heard if they have found anything BUT we just received the Request for Applicant to Appear for Initial Interview letter dated November 5. The case status for our AOS says, "Response to request for evidence received, and case processing has resumed. On October 26, 2007, we received your response to our request for evidence." Does this mean that they found the evidence they were looking for or is the right hand operating separately from the left? If they haven't found his I-94 info yet, do I need to reschedule the interview?
Laurel: It sounds like things are probably ok, but check his A # with the EOIR 800 number just to be sure he's not in the system.
roxy21: I know you have many cases and you are not taking new ones, but you can not even take mine to help on the hardship letter and forms???
Laurel: The most important things I do is provide the list of supporting documents and review them when they come in to make sure they prove the case. I wouldn't want to handle a case and not do that part. If you want another attorney to take the lead (such as Annie), I can do the supporting document stuff while she handles the rest.
Laurel: I've said this before, but I'll say it again. YOU PROVE THE CASE WITH THE SUPPORTING DOCUMENTS, NOT THE LETTER OR THE BRIEF!!! Yes, I'm shouting.
Q: Laurel - if you were talking about the LOR - no problem - just mail it to the UW address... thanks again!!!
Your question has been submitted to the moderator.
Laurel: One more time ... YOU PROVE THE CASE WITH THE SUPPORTING DOCUMENTS, NOT WITH THE LETTER OR THE BRIEF!!!
Laurel: The purpose of the letter or brief is to make sense out of the supporting documents.
laurafern11: From Adriane:
Can a USC legalize his parent who has Overstayed a valid visa and is currently in the US (entered on tourist visa in 2000, never left)? What is the process? No paperwork has ever been filed on this person's behalf.
Can a USC legalize his siblings who have overstayed valid visas, are currently in the US and are 19 years old? What is the process?
Laurel: Parent of USC - yes. Sibling of USC - no. You can file an I-130 for the sibling, but only the immediate relative of a US citizen can adjust status through family after having gone out of status. For purposes of immigration law, "immediate relative" means: spouse, children under 21, stepchildren under 21 as long as the marriage took place before the child turned 18, parent if the petitioner is at least 21.
Laurel: Procedure: see my YouTube video on simple AOS. There's a link to my YouTube videos on my webpage.
jeni2007: Hi Laurel, I sent my I-130 to Nebraska and I heard that it is then forwarded to California. The USCIS website says that they have approved I-130's through 8/30 (but it has said this for the last four weeks!). Do you have any news on this? How much longer do you think NO1 could take?
Laurel: They update it every month. Just check back in a few days.
laurafern11: From Appeal-ers:
Yesterday member MMartinez and husband had their second "first" interview in CDJ. They were denied their I-601 some time ago and filed an appeal. In the meantime, they got another appointment and scheduled an Infopass, but were told at their visa interview yesterday that they cannot file another I-601 while their appeal is pending. In a copy of the email MMartinez got from the consulate (it was posted on I2US) the Consulate person said she could get an interview scheduled while an appeal was pending, but it doesn't say anything about the I-601, I guess leaving that question open. At the same time, member Morena is in CDJ right doing their second visa interview process again after being denied their I-601. She filed an MTR rather than an appeal, and was apparently not told that she couldn't file another I-601. Is it possible that someone with a pending appeal cannot file another I-601 while someone with a pending MTR can? Could you clarify, or maybe ask the appropriate person when you are able?
Laurel: Asked and answered. See above.
Venus_and_mars: I filed my waiver last february 1st.. and would like to know if i can fill a new one and go tru the pilot program, i have my appoinment 130 next december
Laurel: You'll probably have to withdraw the pending one. Be aware that if you do that and your new I-601 gets referred, it goes to the back of the line. If you filed Feb 1, chances are, your backlogged waiver will be decided within 2 months of your new interview anyway. You can schedule the InfoPass anytime up to one year after consular interview. I recommend you go to the interview, but don't make an InfoPass appointment yet. Wait for the decision on the pending I-130. If it is an adverse decision, you'll know what you previoulsy filed wasn't good enough. You can make it stronger, make your InfoPass appointment at that time, and then refile.
keithsclaudie: how can I obtain the evidence? It is true. That's the way I've entered.
Laurel: That's going to be unique to each case.
dnegrete: good morning .well my husband entered in 2000 and then again in aug 2001 and sept 2001 all EWI. he was returned both times in 2001 at the border. in 2001 he was 17 yro. and finnally tried a third time in sept 2001 and was able to make it here. he returned again to mex in 2003 and 2005 to try to obtain a visa through his job but was denied both times so both times he returned with EWI. i am a USC and petioned for him feb 07. His aunt had petitioned for him in 1999, and we have an atty and according to him he said that it would fall under 245i grandfather because of that previous petition. he got a work permit and ssn and we have our interview here in houston on nov 29th. and i am barely finding out that the petition will be void because he is not suppose to enter and leave,and when we go to interview they will give him a 10 yr bar, is that true and is there anything i can do? according to the atty he said that their is a waiver and things we can do, but im starting not to trust him anymore
Laurel: He clearly has a 9C problem. 245i trumps 9C in the 9th circuit only, not in Texas. I recommend you move to consult with a California immigration lawyer to double-check the limits of 245i trumping 9C, move to California, and have the case transferred. You probably won't want to go to the interview in Houston on the 29th.
Mendoza: Laurel, someone from the forum was denied in Spetmeber for their I-601. Since she received the informaiton, she has been trying to request a 2nd interview. She has confirmed that they have the denial in the system. On a weekly basis she has requested an new interview as you instructed on the forum. She has received several different replies, including that waiver now take 12 months to 14 months (my guess here they didn't even read the email) to that she has to submit an appeal before she gets another appointment. Nobody has agreeded to put her in line for another appointment. Is there anybody (phone number) that she can talk to or anything else she can do to get another interview seeing that she is getting no where with the email? Thanks!
Laurel: Announcement: the email system at the consulate in Juarez is down. To get the new appointment, send a fax and mail the request (certified mail, return receipt). If you don't get a timely response, enlist the assistance of your Congressman.
JLuca78: Laurel I Have a question ? we went to Cdj for the k3 visa The Laywer never gave me a waiver .. so we came back I writing the letter but I don;t know if I shouls say I Live in Mexico with him I live in a bodertown .... can you please give me advised >? Oh and something else my appoinment was in Sep 7 ? Is that Bad that I havn't got the infopass appoimnet ?
Laurel: You should tell the truth about where you live. What do you mean the lawyer never gave you the waiver? Is he still working on it? You should keep trying to make your InfoPass appointment.
christytorres: good morning laurel. how can you withdraw your appeal in order to keep your 2nd appt. I have one for next month. I am worried. I was denied back in Nov 06, filed an appeal and granted a 2nd interview for Dec 07. thanks
Laurel: Send a notice to the AAO requesting withdrawal of the appeal. Keep a copy of the notice you send. Send it certified mail, return receipt and keep proof that it was received. Take those items with you to the InfoPass appointment.
Laurel: I recommend you send the notice requesting withdrawal at least 6 weeks in advance of your intended InfoPass appointment. If its already less than six weeks now, just send it ASAP.
Mendoza: So for the person that was not able to refile due to a pending appeal, since she already had her interview and they told her she cannot file, what can she do? Does she have to withdraw the appeal and then request another appointment? Or can she withdraw the appeal and then make an infopass? (wishful thinking....)
Laurel: Not sure whether she can make another InfoPass. I'll have to ask Warren. Probably since nothing was accepted.
everything4love: sorry this long. this is an after 601 approval question. before my husband's waiver was approved he used a fake soc to get a drivers license and to open some accounts(we have closed all but cell) . the problem is now we have to try and change everything over to his real soc number. with the driver's license there is no way w/o admitting what he did and he will lose it due to fraud of giving fake number. i am wondering if we let it go and sometime down the road its found out and will it cause problems with getting conditions of gc removed or citizenship. what am really asking is since he used it prior to waiver and getting approved if he still has that number listed on his stuff can be be in trouble even if it was before the approval. what can we do.
Laurel: Switching socials for the employer is normally not a problem. But the driver's license issue ... no one has brought that up before. Yes, that's a sticky one. I recommend you consult with a good criminal attorney in your state and find out how often the state prosecutes such violations. It may end up that a plea agreement is advisable despite the detriment to the immigration case. You need a driver's license and I strongly advise AGAINST continuing to use a fake social, especially after you're legal.
claudia: I dont want to be negative ,but if my second waiver is denied how longer I have to wait after the 10 years
Laurel: If its a 9B ten-year bar, then as soon as the bar is up you can ask for an appointment to pick up the visa, though you should plan ahead to make sure the immigrant visa case is still current as the bar expires.
mirna: Laurel, I am petitioning my husband who entered ewi ,we stopped our process before sending in the $370?? bill and the affidavit of support because because he would have to leave the country and would probably be banned to come into us.It has been one year since we contacted the NVC, what do you recommend we do now.
Laurel: need more info
lachingona1: Hi Laurel! My Hubby has a misdemeanor charge from 2000. The law he was convicted under was later ruled to be unconstitutional, how does that affect our case? What steps should I take to use that to my advantage? Our first Appt. is in 4 weeks.
Laurel: Contact a criminal attorney to get it expunged. Bring the expungement and criminal record to the interview.
MAX: Hi Laurel - I applied for a tourist visa 1997 in USA Embassy Mexico City, unfortunately I show them a fake document so they denied my application for this fraud. I am Mexican citizen single and No relatives in USA. what you recommend me to do according your experience in order to get a tourist visa. Thanks for yoru comment
Laurel: You need a (d)(3) nonimmigrant waiver. Contact Dan Green. Does someone have his website handy?
ed: Hi Laurel, my wife is Colombian, entered on a fiancee visa, married her ex-husband within the 90 days, and then he quickly divorced her, after abuse (wanted sterilization among many things and he probably was gay). We married 4 months after her divorce was final and I am a USC. We have visited one immigration attorney up here in Oklahoma who still believes we can file a VAWA case even through she has re-married, calling us at the house several times to urge us. And does cancellaton due to VAWA still have limitation of not possible if you have re-married?
Laurel: I'm not a VAWA expert, but I think she's not eligible because she remarried. It sounds like it might make a good waiver case, though. Just bear in mind she'd be abroad at least 8 months.
jeni2007: We submitted a I-130 to the Nebraska center, since then my husband (the USC) was notified that he can become a resident of Mexico which makes us eligible for DCF in Mexico City. Even if we already applied in Nebraska, can we do DCF to make this process run faster or is it too late?
Laurel: Whether its worth it depends on how long ago you filed the I-130
dduran: Hi, are you willing to take case only to inquire waiver status? There are some of us still from Sept, Oct. still waiting. I've got my congressmen & have called all # possible, even talked to Mr. B.
Laurel: Mr. B doesn't know what's going on with your waiver. He works at the consulate, not CIS.
No, I don't want to take on an "inquiry case". From my point of view, those are the worst cases for me because its always more time and way more stress than it looks like, but the client doesn't think much is involved in making the inquiry, so its hard to charge for the value of the time and stress. I have regretted taking on every single "what's going on with my case?" case I've ever taken. No exceptions.
JuarezBound: When putting the evidence together for your HSL is it okay to highlight the important parts of an article so they stand out?
Laurel: Absolutely, but use articles sparingly. If your 70 page waiver packet contains 50 pages of articles, that's not good.
Laurel: Guys, there are always more questions than I can get to and it takes time to go down the list. When someone's post starts with statements like, "Why hasn't my question been answered?", I'll just move on to the next one.
ed: How is the Consulate in Panama on waiver approvals such as do they require a level 1 argument, or a 2? I believe I have a solid 2 (brother is paranoid-schizophrenic and will live with me as my parents age plus I have children from another marriage and pay child support).
Laurel: For now I'll say that Panama City is a moderate to lenient office despite the recent denial I got out of there. The argument you describe could be very strong, but you have to prove why it has to be you who takes care of the brother, i.e. if you have any other adult siblings, that needs to be addressed. You also have to be convincing that your parents' age is ALREADY catching up with them in regard to your brother. If your parents are in excellent health and can probably handle it for another ten years, that erodes your argument.
JLuca78: LAUREL .. The one that never gave me the waiver was the people helping out with the k3 visa .. after i came from Juarez I copntracted a laywer ? he just said get some letters write a letter and then i make the appoinment ? But its really hard for me ? what kind of evidence ?
Laurel: I recommend you read my memo on waiver that can be found on my website.
Laurel: Ok, guys. Gotta go. I'm flying to Philly tomorrow to speak at an AILA event there. For those of you who will be joining me for drink(s) in the evening - I'll be at Fergie's on 13th and Sansom. I think maybe after 8pm??