Laura
11-21-2007, 05:08 PM
Laurel: Hello everyone. I’m here. First, some preliminaries. What I state in this chat does not constitute legal advice as I have not had the opportunity to review your case. Participation in the chat does not create an attorney-client relationship.
Laurel: When you type to the chat, I can view what you’ve written, but it will only be visible to everyone in the main window if I post it. I will not have the opportunity to answer every question. I prefer not to answer questions I’ve already answered, when asked by someone else.
Laurel: This is a crazy week for me, guys. I almost cancelled the chat. But in the end ... here I am.
mmartinez: yes .. Happy Thanksgiving Everyone!!!!
Laurel: Ok, so I'm here. Ask away!
Laurel: Nobody's actually asking questions, ya'all.
Mendoza: Laurel, last week you mentioned that 245i trumps 9c in Claifonia, is that anywhere else?
Laurel: The 9th Circuit, actually, of which California is a part. I believe Oregon and Washington are also in the 9th Circuit. Not sure about Alaska, Hawaii and maybe some other states.
laurafern11: From Amazon:
Once my husband gets his PR status through me I think he can apply for citizenship in three years. Once he gets his citizenship he wants to apply for his mother, who is in the U.S. on a visa that expired some time ago. Will she have to leave the U.S. or can she adjust status through a USC son? Generally, assuming the people do not have 245i benefits, what relatives can adjust status in the U.S. and therefore avoid the bars? Only spouses? Parents? Siblings?
Laurel: Once he naturalizes, his mother can adjust through him as long as she entered legaly on most types of visas. Without using 245i, only the immediate relative of a US citizen can adjust status through family relationship after having gone out of status. "Immediate relative" for immigration purposes includes: spouse, child under age 21, step-child under age 21 as long as the marriage occured before child turned 18, parent as long as the petitioner is at least 21.
laurafern11: Recently member Khriz decided to postpone his November appointment in CDJ and when they contacted the Consulate they were told that they are no longer "canceling" appointments, instead, the person should just skip the appointment and contact the Consulate after the appointment date and ask for another appointment. For obvious reasons, they are worried that this seems negligent or reckless.. have you heard of any such new policy?
Laurel: I have not heard of any such policy, but its not rediculous to believe its true. However, I would still send written notice - by mail or fax - asking that it be cancelled and rescheduled and keep a copy of your written request just in case.
MAMACITA: Laurel, my 28 yr old daughter has been diagnosed with cervical cancer & is scheduled for surgery on Dec 14th, I am going to try and fax to Warren a request for an expedite,,,,do you think this grounds for approval, my hubbie has been in Mx 14 months now and our i601 interv, was on Nov 2nd 2006?
Laurel: Rather than requesting "expedite", phrase it differently so you're asking for "a speedy decision on the case that was filed over 12 months ago" or something to that effect. I would make it sound as though you're not asking for any special favors here, though also be sure you don't sound angry. You might add in something about how a decision may have already been made, but you just want to be sure as you have this urgent situation.
laurafern11: For Ncruzangel's friend:
Friend's boyfriend was arrested and charged but ultimately not convicted for 3rd degree public felony-physical harm to a police officer and assault. He was given probation, but three years later he broke it by being accused of assault/bodily injury, and is now starting a five-year prison sentence. There is a concern that he may have implied he was a USC (he's been in the U.S. since he was 1), but assuming he is not charged with falsely claiming USC-ship and given a lifetime bar, and he is deported after his sentence and marries Friend, is there even a chance he could eventually have an I-601/I-212 approved for this case? Would you think the USC relative would have to have very exceptional hardships to even have a shot? Generally, besides the drug ineligiblities which you clarified a few weeks ago, are there certain types of crimes that lead to a total ineligibility?
Laurel: The first one does count as a conviction for immigration purposes if there was any penalty - such as probation - involved. So, he has not one, but two convictions for violent offenses. And is serving a whopping five year prison sentence. By comparison, manslaughter is often three years. It may be possible to get a waiver following a single, isolated violent offense, even a very violent offense, as long as there is nothing else on your record and it was a long time ago and you have lots and lots of evidence of rehabilitation. Even then its tough. But two convictions for very violent offenses? No. We don't even get to the issue of whether he made a false claim to citizenship. He'd never get a waiver approved. Never.
Pinkpig: Well, I am late to the party today and I don't acutally have a question. Let me think of one. Have you bought your turkey yet.
Laurel: Frozen turkey is sitting in the freezer now.
mar: Hello. This is my cuestion: How long is the 1 130 taking to be process. Im in Mexico right now and Im a wife of a USC . My 1 130 form was submited in sep 07 and I wonder when I suppose to have the appointment in Cd. Juarez
Laurel: If you filed in the US, you will probably have your interview this summer.
DREAM_Act_Advocate: My aunt petitioned her sister who is my mother and I was also included in that petition (under 245i, before April 2001). Since I already aged out, my only way out is sponsorship through an employer. Would I be eligible to apply for an H1B visa or EB2?
Laurel: You wouldn't be able to change status to get a nonimmigrant visa such as H1B without leaving the country and getting a nonimmigrant waiver - nearly impossible when you're mom's a USC. But I think as a derivative of an I-130 that met 245i guidelines, I think you can still grandfather in under 245i, adjusting through an employer's immigrant petition.
Laurel: I'd have to check the law on that one though - regarding derivatives using 245i
mmartinez: Good morning Laurel, i assume you know my case. My hubby was not permitted to file his waive at the first interview.. He was given a paper stating that he could not file a waive with a pending appeal.. I contacted Mr. Burciaga yesterday and he reviewed our case.. He told me to be there monday at the information center because he had fixed it in the system.. I am nervous do you think they are going to file a waiver.. he cleary stated that it was fixed in the sytem... he said he should have been permitted to file the waiver? Any suggestions
Laurel: Go Monday. Thanks for letting us know. I have a client in a somewhat similar situation who was worried about her appeal being officially cancelled. This info will put her mind at ease.
nmm: Laurel, do you have any updates on the backlog in CDJ?
Laurel: no
wanaads: Hi Laurel, I have a question about the I-129F v. I-130. My husband's I-130 was approved in June and we're just about to mail the final paperwork for the DS-230. Our I-129F was approved last month and I just received a letter stating that my husband's case was being forwarded to the consulate at TGU. My question is, are they going to schedule a K-3 appt. for him right away or will we need to do all the same paperwork we did after the I-130 approval? Obviously, I'd rather move forwad with the IR-1 but I'm concerned about them giving him an appt. for the K-3 really soon and processing tht instead of the IR-1. If they did give him an appt. before our IR-1 paperwork is forwarded to the consulate, could we cancel or postpone or would that look bad? Or should he go and just get things started? Thanks! Sorry so long.
Laurel: I have had so much trouble with the NVC for the past six months, I am regretting every case where I decided not to bother with the I-129F because problems at NVC have held up half a dozen of my cases for over three months a piece - one of them may be held up for over six months. Keep going with the K3 case under the presumption that NVC is going to give you a hard time. If you have to file a waiver, your immigrant visa case will probably "come up" while the waiver is pending so that when your waiver is approved, you can just pick up the immigrant visa instead of the K3.
wanaads: Also, another question from a friend: What happens if you move and change jobs while waiting for the I-601 adjudication? Would I have to amend my letter explaining my change in circumstance if I didn't think it would help the case? For example, if one of my arguments is that I'm working toward a career and longevity with my current company (weak argument, I know, but I'm grasping at straws here) but then I change jobs after I turn in the I-601, am obligated to share that information?
Laurel: As long as everything is true and correct at the time of filing, you are not obligated to update CIS on any changes that might adversely affect your waiver, though if the relationship ends, you cannot pick up the visa.
luis: hello laurel any advise on getting my 14 year old daughter legal im a PR
Laurel: She is not accumulating unlawful presence toward the 3 and 10 year bars until she turns 18. File the I-130 for her now. I know the backlog for the visa is five years, but perhaps you can arrange for her to do a few years of college in your home country and then bring her back on the visa when the visa becomes available, without a waiver.
All this presumes she's EWI. If she entered on a valid visa, just naturalize as soon as you can. You should be able to do so before she turns 21. Then just adjust her status.
Laurel: With that first paragraph, I'm suggesting you send her back to her home country within 180 days of her 18th birthday.
MAMACITA: Ok, just thought I'd fax to Warren on Monday with all of her medical records and the letter from the Doctor, I'll change up the letter a bit. Thanks!
Laurel: Just as a general rule, always be careful how you approach someone who has your future in their hands. Never approach from a place of anger and frustration. Always try to make the person LIKE you and WANT to help you.
Laurel: This goes the same with lawyers, guys. I have clients I don't like and sometimes that actually makes it challenging for me to fulfill my professional responsibility in putting together a good case. On the other hand, when I have clients who have won me over, I go out of my way, above and beyond, to make sure this one is the absolute best waiver I can put together. You want me to like you. I'm only human.
Laurel: I'm not saying you should kiss my a&s. I'm just saying you shouldn't literally yell at me over nothing as some clients have.
Anamia: If you are approved in Juarez, and are planning to visit other parts of Mexico, do you need to return to Juarez and enter the USA from Juarez (I130) Just curious how that works?
Laurel: After the waiver is approved and the visa is issued? No, you don't HAVE TO enter the US through El Paso.
Mendoza: Case scenario, my friend was eligible under 245i with her LPR husband. She has a crappy lawyer and was never told she could not leave the US. She left in 2003 and returned, no problems with immigration but did leave her prints at the Mexican embassy. Now her lawyer transferred the case to the US consulate and is going to send her after she gets support from a sentator (through a USC) and after she gets her physcholigist report . My guess is she is facing 9c, unless I am missing something....I tried talking to the lawyer but he hung up on me! Now they are saying to go to Mexico and that she will be eligible for the I-601! Am I missing anything?? DO you know any good lawyers in Maryland sionce these people believe that lawyers know everything?
Laurel: She left in 2003 and came back EWI after having been previously unlawfully present over a year? Yea, that's 9C. Maryland, hmm. I can't think of any lawyers to recommend off the top of my head.
ab: Good morning Laurel. Do the personal letters for the hsl have to have phone number and address?, I mean those from family and friends
Laurel: They have to be signed and dated. Putting address and phone numbers doesn't hurt.
Laurel: Ok, now there are tons of questions.
mar: I have anoher cuestion. A son of a friend tat ave 11 years old, he is very young, got his residence 2 years ago, his dad is USC , My cuestio is , since he got his residence in Ciudad Juarez he has not have the oportunity to go to US . Will it be a problem the time he try to go to US in the future? sorry of my english
Laurel: He got his immigrant visa two years ago and hasn't used it to enter? It would've expired after a year. He'll need to go get a new one. As the child of a USC, once he enters on an immigrant visa and goes to live with the USC parent, he automatically gets US citizenship and would just have to file an N-600. Note: must reside with USC parent and must have permanent residence.
DREAM_Act_Advocate: If I am able to apply for an EB2 visa, I know I would require at least a Master's degree. I am planning to finish my MSEd in about a year. Would this suffice to qualify for a EB2 visa?
Laurel: I'm not an expert in employment-based immigration.
mar: My husband filed in the US but Im in Mexico and I have to go to Juarez to the enterview. So you mean that I suppose to ave the appointment next summer in Juarez, ? that soon would be great
Laurel: Yes, you will have to go to Juarez for the interview. I'm predicting next summmer because the consulate expects be be finished with the interview-scheduling backlog in late spring/early summer.
MAMACITA: We are now seeing approvals for Feb coming from Oscar Lujan in Mex Cty,,,,so that has left Oct/Nov still pending and are the oldest ones now in the backlog,,,,any ideas on what some of us can do?
Laurel: If you filed in October or November and your case is still pending, I have a few suggestions: (a) If you never filed any amendments or supplements to your case after you filed your original waiver, send an inquiry letter with your CDJ number CLEARLY written on the top of your letter stating explicitly that you never filed any supplementary materials and the original waiver packet is all there is; (b) if you did file amendments or supplementary materials, send an inquiry letter with your CDJ number CLEARLY written on the top of your letter, stating that you are re-sending ALL amendments and that there are no amendments or supplementary materials for your waiver packet other than what you are re-sending now.
chapital: We experienced a 6 month delay between our 1st IV appointment due to a name match and we then able to submit our waiver. At the waiver submission we were backlogged and told they needed to conduct background checks. SInce they told our congressman that they were conducting a secuirty advisory opinion during the 6 month delay, what could they possibly be checking now
Laurel: There are a few possibilities. Maybe there's a false hit and they think your spouse might be someone they are looking for, but there's not sure if its the right person. Another possibility is that your spouse is associated with someone who - perhaps unbeknowst to your spouse - is a "person of interest" either with terrorist connections, drug trafficking, organized crime, gun trafficking, etc. And maybe they can't decide whether your spouse is associated with the activites or not.
DREAM_Act_Advocate: I am planning to post my question and your response to my blog. Would that be ok? If so, would you mind if I put your name and about the time of this chat?
Laurel: That's fine. As long as I get credit for my work. I would only add that if I had some sort of caveat on my answer - such as "I believe" or "I'll have to check on that to be sure" - then I'd prefer if you don't post it elsewhere as I'm clearly not sure.
jose: good morning ....I have a question,I entered the use in 1995 (EWI) I was cught, I was send back to mx in 1999, I guess it "Voluntary departure".I heve an appointment on 12/14/07 in CDJ,my wife is the petioner,she is a usc,we have 2 children that were born in us......do you think that I Am elegible for a waiver (weiver,s)? or are they going to bar me for (10 years.)?
Laurel: Did you return to the US without inspection after your 1999 voluntary departure?
MAMACITA: I have been extremely kinds and respectful in my pleading of my case.
Laurel: I wasn't accusing you of doing otherwise. I was just using your questions as an opportunity to remind EVERYONE of that particular issue.
Ojos__de_alicia: Hello Laurel i know your busy but i responded to your email asking me about details of the end welfare of a child
Laurel: I think you're just going to have to make it extremely convincing that (a) he really thought that was his cousin's house, and (b) he does not currently have a drinking problem and hasn't for at least three years. Even then, because of the nature of the conviction, I think you're going to get a referral so they can look at it more carefully.
Yes, this week and last have both been UNUSUALLY busy for me. My stomach has been in knots all week and I had some chest pains Sunday night. For the past two days I've been working on stress management techniques, I've been rescheduling work so I can take it a bit easier and I've flat out ignored some emails and phone calls that need to be returned. I'm not going to do anyone any good if I put myself in the hospital from stress.
dduran: Ooo, sorry to hear you get yelled at. When actually it's not your fault.. Hope you & your family have a great Thanksgiving!!
Laurel: The one example that sticks out in my mind was that someone wanted to claim that his father was financially dependent on him as the father "only" made $60,000 per year. I made a remark that I didn't think that was a good argument as the dad could probably live on $60,000 per year without assistance. The client literally yelled at me - seriously - stating that $60,000 was not enough money to live on in that part of the US. He was yelling.
Ojos__de_alicia: Laurel do you think that once they are done with the pre pilot program backlog they will take their time deciding on the PP referrals??also do you think they are getting less lienient with giving pilot approvals, sincei've seen quite a few more being put into the backlog from when it started
Laurel: Yes, as soon as they clear out the pre-Pilot Program backlog they will start working on referrals. Yes, I think they're getting tougher on what "Clearly Approvable" means. Even so, my only referral so far was a case involving a conviction for a violent offense.
laurafern11: Laurel - sincerely, please take care of yourself.
Laurel: That's why I posted that I'm not even doing consultations for two weeks and I'm no longer going to make courtesy calls for people leaving me phone numbers and not paying consulation fees. I'll be ok. I just agreed to take too many cases and it got to be too much.
mar: Thank you for all your anwers About the cuestion of my son's friend, his dad is USC and the boy recived his green card by mail in US 2 years ago, but he is still in Mexico, Is there a problem whe he try to enter to US, thank you very much for your support and happy thanks giving
Laurel: So he entered on an immigrant visa and then returned to Mexico? They're not supposed to send the green card until the alien actually enters on an immigrant visa or adjusts status. Did they make a mistake? Did he enter on an immigrant visa or no?
chapital: At the final IV appointment he was told by the official that the name match was due to someone with same first and middle name and with a last name that matched his mom;s maiden name, same birth year as well. My frustration is that is the background check was sufficient to meet the needs of the IV interview, why would that not be sufficient for DHS
Laurel: Security check issues are extremely frustrating because you never know EXACTLY what the problem is and you never will. You have some idea of the problem, but you may never know why it hasn't been resolved at this point.
jose: yes
Laurel: Include part of my question in your response. I'm following a dozen story lines here. Which one is yours?
John21: Hi Laurel... I live in California, can you recommend a laywer that is specialized in cancellation of removal? Thank you
Laurel: Call Heather Poole. If she can't help you she can recommend someone who can. Pinkpig will give you here contact info.
sg: Having a child from a us man, and the father has 2 counts of family violence 5 years agowith his current wife and the wife has one count of family violence (with each other) can i use that in my hardship. my hardship is i couldnt leave my child behind with his real father, even though he has some visiation rights, and the father would fight me in court to gain custody of him if i was to leave to mx
Laurel: Yes, very strong argument.
Mendoza: Sorry to hear about your stress! Hope it clears up for the holidays!!
Laurel: Thanks. Stress is simply a part of the job. I'm usually in control of it, but sometimes it gets the better of me. I should be ok as soon as I get a couple of these cases cleared out. The thing is, clients don't want to hear about my troubles. They just want to hear that the case is finished. I understand where they're coming from. Its just hard sometimes when I'm supposed to be the "rock" they tell their troubles to.
mar: no. he did not enter to US after the interview in , he ecived the visa but he didnt enter , and after 3 months recived his green card US
Laurel: They made an error. He is not, nor has he ever been, a permanent resident. The dad needs to start the process over.
Laurel: Ok, its after noon. I'll see you guys next week.
Laurel: When you type to the chat, I can view what you’ve written, but it will only be visible to everyone in the main window if I post it. I will not have the opportunity to answer every question. I prefer not to answer questions I’ve already answered, when asked by someone else.
Laurel: This is a crazy week for me, guys. I almost cancelled the chat. But in the end ... here I am.
mmartinez: yes .. Happy Thanksgiving Everyone!!!!
Laurel: Ok, so I'm here. Ask away!
Laurel: Nobody's actually asking questions, ya'all.
Mendoza: Laurel, last week you mentioned that 245i trumps 9c in Claifonia, is that anywhere else?
Laurel: The 9th Circuit, actually, of which California is a part. I believe Oregon and Washington are also in the 9th Circuit. Not sure about Alaska, Hawaii and maybe some other states.
laurafern11: From Amazon:
Once my husband gets his PR status through me I think he can apply for citizenship in three years. Once he gets his citizenship he wants to apply for his mother, who is in the U.S. on a visa that expired some time ago. Will she have to leave the U.S. or can she adjust status through a USC son? Generally, assuming the people do not have 245i benefits, what relatives can adjust status in the U.S. and therefore avoid the bars? Only spouses? Parents? Siblings?
Laurel: Once he naturalizes, his mother can adjust through him as long as she entered legaly on most types of visas. Without using 245i, only the immediate relative of a US citizen can adjust status through family relationship after having gone out of status. "Immediate relative" for immigration purposes includes: spouse, child under age 21, step-child under age 21 as long as the marriage occured before child turned 18, parent as long as the petitioner is at least 21.
laurafern11: Recently member Khriz decided to postpone his November appointment in CDJ and when they contacted the Consulate they were told that they are no longer "canceling" appointments, instead, the person should just skip the appointment and contact the Consulate after the appointment date and ask for another appointment. For obvious reasons, they are worried that this seems negligent or reckless.. have you heard of any such new policy?
Laurel: I have not heard of any such policy, but its not rediculous to believe its true. However, I would still send written notice - by mail or fax - asking that it be cancelled and rescheduled and keep a copy of your written request just in case.
MAMACITA: Laurel, my 28 yr old daughter has been diagnosed with cervical cancer & is scheduled for surgery on Dec 14th, I am going to try and fax to Warren a request for an expedite,,,,do you think this grounds for approval, my hubbie has been in Mx 14 months now and our i601 interv, was on Nov 2nd 2006?
Laurel: Rather than requesting "expedite", phrase it differently so you're asking for "a speedy decision on the case that was filed over 12 months ago" or something to that effect. I would make it sound as though you're not asking for any special favors here, though also be sure you don't sound angry. You might add in something about how a decision may have already been made, but you just want to be sure as you have this urgent situation.
laurafern11: For Ncruzangel's friend:
Friend's boyfriend was arrested and charged but ultimately not convicted for 3rd degree public felony-physical harm to a police officer and assault. He was given probation, but three years later he broke it by being accused of assault/bodily injury, and is now starting a five-year prison sentence. There is a concern that he may have implied he was a USC (he's been in the U.S. since he was 1), but assuming he is not charged with falsely claiming USC-ship and given a lifetime bar, and he is deported after his sentence and marries Friend, is there even a chance he could eventually have an I-601/I-212 approved for this case? Would you think the USC relative would have to have very exceptional hardships to even have a shot? Generally, besides the drug ineligiblities which you clarified a few weeks ago, are there certain types of crimes that lead to a total ineligibility?
Laurel: The first one does count as a conviction for immigration purposes if there was any penalty - such as probation - involved. So, he has not one, but two convictions for violent offenses. And is serving a whopping five year prison sentence. By comparison, manslaughter is often three years. It may be possible to get a waiver following a single, isolated violent offense, even a very violent offense, as long as there is nothing else on your record and it was a long time ago and you have lots and lots of evidence of rehabilitation. Even then its tough. But two convictions for very violent offenses? No. We don't even get to the issue of whether he made a false claim to citizenship. He'd never get a waiver approved. Never.
Pinkpig: Well, I am late to the party today and I don't acutally have a question. Let me think of one. Have you bought your turkey yet.
Laurel: Frozen turkey is sitting in the freezer now.
mar: Hello. This is my cuestion: How long is the 1 130 taking to be process. Im in Mexico right now and Im a wife of a USC . My 1 130 form was submited in sep 07 and I wonder when I suppose to have the appointment in Cd. Juarez
Laurel: If you filed in the US, you will probably have your interview this summer.
DREAM_Act_Advocate: My aunt petitioned her sister who is my mother and I was also included in that petition (under 245i, before April 2001). Since I already aged out, my only way out is sponsorship through an employer. Would I be eligible to apply for an H1B visa or EB2?
Laurel: You wouldn't be able to change status to get a nonimmigrant visa such as H1B without leaving the country and getting a nonimmigrant waiver - nearly impossible when you're mom's a USC. But I think as a derivative of an I-130 that met 245i guidelines, I think you can still grandfather in under 245i, adjusting through an employer's immigrant petition.
Laurel: I'd have to check the law on that one though - regarding derivatives using 245i
mmartinez: Good morning Laurel, i assume you know my case. My hubby was not permitted to file his waive at the first interview.. He was given a paper stating that he could not file a waive with a pending appeal.. I contacted Mr. Burciaga yesterday and he reviewed our case.. He told me to be there monday at the information center because he had fixed it in the system.. I am nervous do you think they are going to file a waiver.. he cleary stated that it was fixed in the sytem... he said he should have been permitted to file the waiver? Any suggestions
Laurel: Go Monday. Thanks for letting us know. I have a client in a somewhat similar situation who was worried about her appeal being officially cancelled. This info will put her mind at ease.
nmm: Laurel, do you have any updates on the backlog in CDJ?
Laurel: no
wanaads: Hi Laurel, I have a question about the I-129F v. I-130. My husband's I-130 was approved in June and we're just about to mail the final paperwork for the DS-230. Our I-129F was approved last month and I just received a letter stating that my husband's case was being forwarded to the consulate at TGU. My question is, are they going to schedule a K-3 appt. for him right away or will we need to do all the same paperwork we did after the I-130 approval? Obviously, I'd rather move forwad with the IR-1 but I'm concerned about them giving him an appt. for the K-3 really soon and processing tht instead of the IR-1. If they did give him an appt. before our IR-1 paperwork is forwarded to the consulate, could we cancel or postpone or would that look bad? Or should he go and just get things started? Thanks! Sorry so long.
Laurel: I have had so much trouble with the NVC for the past six months, I am regretting every case where I decided not to bother with the I-129F because problems at NVC have held up half a dozen of my cases for over three months a piece - one of them may be held up for over six months. Keep going with the K3 case under the presumption that NVC is going to give you a hard time. If you have to file a waiver, your immigrant visa case will probably "come up" while the waiver is pending so that when your waiver is approved, you can just pick up the immigrant visa instead of the K3.
wanaads: Also, another question from a friend: What happens if you move and change jobs while waiting for the I-601 adjudication? Would I have to amend my letter explaining my change in circumstance if I didn't think it would help the case? For example, if one of my arguments is that I'm working toward a career and longevity with my current company (weak argument, I know, but I'm grasping at straws here) but then I change jobs after I turn in the I-601, am obligated to share that information?
Laurel: As long as everything is true and correct at the time of filing, you are not obligated to update CIS on any changes that might adversely affect your waiver, though if the relationship ends, you cannot pick up the visa.
luis: hello laurel any advise on getting my 14 year old daughter legal im a PR
Laurel: She is not accumulating unlawful presence toward the 3 and 10 year bars until she turns 18. File the I-130 for her now. I know the backlog for the visa is five years, but perhaps you can arrange for her to do a few years of college in your home country and then bring her back on the visa when the visa becomes available, without a waiver.
All this presumes she's EWI. If she entered on a valid visa, just naturalize as soon as you can. You should be able to do so before she turns 21. Then just adjust her status.
Laurel: With that first paragraph, I'm suggesting you send her back to her home country within 180 days of her 18th birthday.
MAMACITA: Ok, just thought I'd fax to Warren on Monday with all of her medical records and the letter from the Doctor, I'll change up the letter a bit. Thanks!
Laurel: Just as a general rule, always be careful how you approach someone who has your future in their hands. Never approach from a place of anger and frustration. Always try to make the person LIKE you and WANT to help you.
Laurel: This goes the same with lawyers, guys. I have clients I don't like and sometimes that actually makes it challenging for me to fulfill my professional responsibility in putting together a good case. On the other hand, when I have clients who have won me over, I go out of my way, above and beyond, to make sure this one is the absolute best waiver I can put together. You want me to like you. I'm only human.
Laurel: I'm not saying you should kiss my a&s. I'm just saying you shouldn't literally yell at me over nothing as some clients have.
Anamia: If you are approved in Juarez, and are planning to visit other parts of Mexico, do you need to return to Juarez and enter the USA from Juarez (I130) Just curious how that works?
Laurel: After the waiver is approved and the visa is issued? No, you don't HAVE TO enter the US through El Paso.
Mendoza: Case scenario, my friend was eligible under 245i with her LPR husband. She has a crappy lawyer and was never told she could not leave the US. She left in 2003 and returned, no problems with immigration but did leave her prints at the Mexican embassy. Now her lawyer transferred the case to the US consulate and is going to send her after she gets support from a sentator (through a USC) and after she gets her physcholigist report . My guess is she is facing 9c, unless I am missing something....I tried talking to the lawyer but he hung up on me! Now they are saying to go to Mexico and that she will be eligible for the I-601! Am I missing anything?? DO you know any good lawyers in Maryland sionce these people believe that lawyers know everything?
Laurel: She left in 2003 and came back EWI after having been previously unlawfully present over a year? Yea, that's 9C. Maryland, hmm. I can't think of any lawyers to recommend off the top of my head.
ab: Good morning Laurel. Do the personal letters for the hsl have to have phone number and address?, I mean those from family and friends
Laurel: They have to be signed and dated. Putting address and phone numbers doesn't hurt.
Laurel: Ok, now there are tons of questions.
mar: I have anoher cuestion. A son of a friend tat ave 11 years old, he is very young, got his residence 2 years ago, his dad is USC , My cuestio is , since he got his residence in Ciudad Juarez he has not have the oportunity to go to US . Will it be a problem the time he try to go to US in the future? sorry of my english
Laurel: He got his immigrant visa two years ago and hasn't used it to enter? It would've expired after a year. He'll need to go get a new one. As the child of a USC, once he enters on an immigrant visa and goes to live with the USC parent, he automatically gets US citizenship and would just have to file an N-600. Note: must reside with USC parent and must have permanent residence.
DREAM_Act_Advocate: If I am able to apply for an EB2 visa, I know I would require at least a Master's degree. I am planning to finish my MSEd in about a year. Would this suffice to qualify for a EB2 visa?
Laurel: I'm not an expert in employment-based immigration.
mar: My husband filed in the US but Im in Mexico and I have to go to Juarez to the enterview. So you mean that I suppose to ave the appointment next summer in Juarez, ? that soon would be great
Laurel: Yes, you will have to go to Juarez for the interview. I'm predicting next summmer because the consulate expects be be finished with the interview-scheduling backlog in late spring/early summer.
MAMACITA: We are now seeing approvals for Feb coming from Oscar Lujan in Mex Cty,,,,so that has left Oct/Nov still pending and are the oldest ones now in the backlog,,,,any ideas on what some of us can do?
Laurel: If you filed in October or November and your case is still pending, I have a few suggestions: (a) If you never filed any amendments or supplements to your case after you filed your original waiver, send an inquiry letter with your CDJ number CLEARLY written on the top of your letter stating explicitly that you never filed any supplementary materials and the original waiver packet is all there is; (b) if you did file amendments or supplementary materials, send an inquiry letter with your CDJ number CLEARLY written on the top of your letter, stating that you are re-sending ALL amendments and that there are no amendments or supplementary materials for your waiver packet other than what you are re-sending now.
chapital: We experienced a 6 month delay between our 1st IV appointment due to a name match and we then able to submit our waiver. At the waiver submission we were backlogged and told they needed to conduct background checks. SInce they told our congressman that they were conducting a secuirty advisory opinion during the 6 month delay, what could they possibly be checking now
Laurel: There are a few possibilities. Maybe there's a false hit and they think your spouse might be someone they are looking for, but there's not sure if its the right person. Another possibility is that your spouse is associated with someone who - perhaps unbeknowst to your spouse - is a "person of interest" either with terrorist connections, drug trafficking, organized crime, gun trafficking, etc. And maybe they can't decide whether your spouse is associated with the activites or not.
DREAM_Act_Advocate: I am planning to post my question and your response to my blog. Would that be ok? If so, would you mind if I put your name and about the time of this chat?
Laurel: That's fine. As long as I get credit for my work. I would only add that if I had some sort of caveat on my answer - such as "I believe" or "I'll have to check on that to be sure" - then I'd prefer if you don't post it elsewhere as I'm clearly not sure.
jose: good morning ....I have a question,I entered the use in 1995 (EWI) I was cught, I was send back to mx in 1999, I guess it "Voluntary departure".I heve an appointment on 12/14/07 in CDJ,my wife is the petioner,she is a usc,we have 2 children that were born in us......do you think that I Am elegible for a waiver (weiver,s)? or are they going to bar me for (10 years.)?
Laurel: Did you return to the US without inspection after your 1999 voluntary departure?
MAMACITA: I have been extremely kinds and respectful in my pleading of my case.
Laurel: I wasn't accusing you of doing otherwise. I was just using your questions as an opportunity to remind EVERYONE of that particular issue.
Ojos__de_alicia: Hello Laurel i know your busy but i responded to your email asking me about details of the end welfare of a child
Laurel: I think you're just going to have to make it extremely convincing that (a) he really thought that was his cousin's house, and (b) he does not currently have a drinking problem and hasn't for at least three years. Even then, because of the nature of the conviction, I think you're going to get a referral so they can look at it more carefully.
Yes, this week and last have both been UNUSUALLY busy for me. My stomach has been in knots all week and I had some chest pains Sunday night. For the past two days I've been working on stress management techniques, I've been rescheduling work so I can take it a bit easier and I've flat out ignored some emails and phone calls that need to be returned. I'm not going to do anyone any good if I put myself in the hospital from stress.
dduran: Ooo, sorry to hear you get yelled at. When actually it's not your fault.. Hope you & your family have a great Thanksgiving!!
Laurel: The one example that sticks out in my mind was that someone wanted to claim that his father was financially dependent on him as the father "only" made $60,000 per year. I made a remark that I didn't think that was a good argument as the dad could probably live on $60,000 per year without assistance. The client literally yelled at me - seriously - stating that $60,000 was not enough money to live on in that part of the US. He was yelling.
Ojos__de_alicia: Laurel do you think that once they are done with the pre pilot program backlog they will take their time deciding on the PP referrals??also do you think they are getting less lienient with giving pilot approvals, sincei've seen quite a few more being put into the backlog from when it started
Laurel: Yes, as soon as they clear out the pre-Pilot Program backlog they will start working on referrals. Yes, I think they're getting tougher on what "Clearly Approvable" means. Even so, my only referral so far was a case involving a conviction for a violent offense.
laurafern11: Laurel - sincerely, please take care of yourself.
Laurel: That's why I posted that I'm not even doing consultations for two weeks and I'm no longer going to make courtesy calls for people leaving me phone numbers and not paying consulation fees. I'll be ok. I just agreed to take too many cases and it got to be too much.
mar: Thank you for all your anwers About the cuestion of my son's friend, his dad is USC and the boy recived his green card by mail in US 2 years ago, but he is still in Mexico, Is there a problem whe he try to enter to US, thank you very much for your support and happy thanks giving
Laurel: So he entered on an immigrant visa and then returned to Mexico? They're not supposed to send the green card until the alien actually enters on an immigrant visa or adjusts status. Did they make a mistake? Did he enter on an immigrant visa or no?
chapital: At the final IV appointment he was told by the official that the name match was due to someone with same first and middle name and with a last name that matched his mom;s maiden name, same birth year as well. My frustration is that is the background check was sufficient to meet the needs of the IV interview, why would that not be sufficient for DHS
Laurel: Security check issues are extremely frustrating because you never know EXACTLY what the problem is and you never will. You have some idea of the problem, but you may never know why it hasn't been resolved at this point.
jose: yes
Laurel: Include part of my question in your response. I'm following a dozen story lines here. Which one is yours?
John21: Hi Laurel... I live in California, can you recommend a laywer that is specialized in cancellation of removal? Thank you
Laurel: Call Heather Poole. If she can't help you she can recommend someone who can. Pinkpig will give you here contact info.
sg: Having a child from a us man, and the father has 2 counts of family violence 5 years agowith his current wife and the wife has one count of family violence (with each other) can i use that in my hardship. my hardship is i couldnt leave my child behind with his real father, even though he has some visiation rights, and the father would fight me in court to gain custody of him if i was to leave to mx
Laurel: Yes, very strong argument.
Mendoza: Sorry to hear about your stress! Hope it clears up for the holidays!!
Laurel: Thanks. Stress is simply a part of the job. I'm usually in control of it, but sometimes it gets the better of me. I should be ok as soon as I get a couple of these cases cleared out. The thing is, clients don't want to hear about my troubles. They just want to hear that the case is finished. I understand where they're coming from. Its just hard sometimes when I'm supposed to be the "rock" they tell their troubles to.
mar: no. he did not enter to US after the interview in , he ecived the visa but he didnt enter , and after 3 months recived his green card US
Laurel: They made an error. He is not, nor has he ever been, a permanent resident. The dad needs to start the process over.
Laurel: Ok, its after noon. I'll see you guys next week.