Laura
11-28-2007, 03:30 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: I got some rest over the holiday and am feeling better this week.
cm21om25: Laurel, I had sent you an email on Tuesday November 13, 2007 about the contract and I still haven’t received a response from you. I know you have been very busy, but I just wanted to make sure you haven’t forgotten about me? And just now I realized, Did I send a attachment with that email?
Laurel: Send me a reminder email today.
Laurel: If this is in regard to the case I'm sharing with Annie Schwartz, please be sure to send emails to her.
lili: DO YOU KNOW HOW LONG IS JUAREZ TAKING TO SCHEDULE AN APPOINTMENT , MY HUSBAND FILLED 1 -130 FOR ME IN OCTOBER '07 , IM IN MEXICO AND I LIVED IN USA FOR 5 YEARS WITH NOT PERMISION
Laurel: They're still taking a year after NVC finished with the case, though that time is shrinking.
laurafern11: From Kgarrid -
My husband had three checked boxes after his I-601 Infopass:
1) More evidence - insufficient harship evidence (submitted more evidence on 11/08 - received in DHS on 11/16/07
2) Irregularities in infopass appointment (I have no idea what this mean)
3) additional databases and DHS and or FBI records need to be reviewed and considered before making a decision. (is this because of the sppeding ticket and warrant for his arrest?)
Currently seeking help through our Senator - what are the chances?? I have a brain tumor - daughters need surgery on 12/13??
Laurel: "Infopass irregularities" means they think he may have purchased the appoinment slot from a vendor. The need to do an FBI check most likely means you failed to adequately explain any criminal history or outstanding warrants. "Insufficient evidence" may mean that after they saw the InfoPass irregularities and FBI check issue, they stopped reviewing the case and don't know whether there's enough evidence of hardship or not.
Laurel: It sounds like you have some pressing issues, but even so you need to adequately discuss the criminal issues
laurafern11: from Marina:
My husband has his 2nd interview on 12/10 they would not release the police report to me due to CA laws and a sheriff/friend helped me out and mailed them to el paso consulate address and awaiting the return receipt but we do have the court papers from his misdemeanor where charges were dismissed.
It says `booking #xxxxx After careful search of our records, we are unable to locate a complaint arising form the above arrest and booking charges` `Our records show taht a complaint has not been filed in conjunction to the above booking number. When and if a Compliant is filed by the District Attorney, you will receive notice in the mail. If you do not receive notice within 120 days please contact the Criminal Division for confirmation or if there is a court date pending. Please note, The District Attorney has up to 1 year from the Citation date to file a complaint on a Misdemeanor charge.`Should this be enough? Do you think it is going to be a problem because he used another name when he was arrested in 1997? will he have to file another form because of it? many people have told us they do not think so because it is like all the people that are using other names and ssn to work, but Im thinking this is different because it is an arrest, even though he used a different namd and charges were dismissed but showed up on fingerprints. what do you think?
Laurel: If you can't get records for a certain criminal issue, then a document showing you atttempted to get the records, but none were available, should be sufficient.
Ana: Laurel I would like to know how to pay in advance for 2008 consultation. I talked to you by phone 1 month ago. People from brasilian immigration center gave your #. It is my sisterīs case....I belive the other vattorney hadnīt made her extention....she was arrested, lost her valid turist visa and now is in Brazil
Laurel: I will start doing consultations again in December, i.e. next week. I had to put an absolute halt to all new work, including consultations, because my current work load became more than I could handle without succumbing to the stress. I expect to clear out four cases this week and can start consultations again next week, but I will not be starting work on new cases until 2008. If your case needs immediate attention and cannot wait, I recommend that you look at the list of "good attorneys" on the immigrate2us.net website.
laurafern11:
From Larissabell - Any idea how long waivers adjudication is taking at the Santo Domingo, DR Consulate? Any experience with how strict they are with "extreme hardship"?
Laurel: I haven't done any through Santo Domingo yet. I don't know how long they take. They have a reputation for being moderately lenient on the waivers.
laurafern11: This week two members have been told they need to do a TB test that takes six weeks to get results. It could be a coincidence, but it sounds like the two forum member's husbands indicated that a number of other people were being told the same thing at their medical exams. Is this something new? Do they normally do TB tests on everyone at the medical exam? Member Macedout just reported today that they have to reschedule their Infopass (supposed to be Friday) for late January because of this. Any ideas?
Laurel: Six weeks? No, I hadn't heard about this six week TB test.
chocolat: How long are in country waivers taking?
Laurel: I had one that took an hour. I had another that took four years.
elper7: someone give this link for a consultation they told me 11 am central time i don't know meaby already past?
Laurel: Can someone explain to him what's going on?
moy: hi laurel,my i 601 waiver was just approved,i already got my open appointment letter and alreday went to re do my medical cause is already been a year sinnce my interview,but this time in he medical they said my x ray was showing something in one of my lungs,they made me go fo 3 days every morning to spit flem to test for tb ,the results came back negative but they wont give me my exam til january 18 cause they said they stil have to check if tb is not gonna grow,
Laurel: Ok, so this is they type of thing LauraFern was mentioning. It doesn't sound like something they are doing to everyone - just a special follow-up test if your x-ray isn't 'clear'. Basically you just have to follow their instructions. There's not much that can be done about it. You would be considered a public health hazard until they can determine that you don't have TB and "public health" trumps individual hardship every single time.
Happy: My husband just received his K-3 Visa and I am trying to fill out the I-765 for work authorization, cause god know we need the $ after all this. On question #9 it asks for all Social Security Numbers he has ever used (if any). He worked here 7 years under a fake SS#, do I list that number. We have always filed our taxes and the fake ss# is on his W-2 but I alway make it out and write in his W-7 number to file taxes.
Laurel: The I-765 is the only form I'm aware of where they ask for all socials ever used. In the past it has not been a problem for people to reveal that they had used a different social before and you may want to reveal this to the social security administration so your husband can get 'credit' for prior quarters worked and social security taxes withheld. However, they are starting to crack down on this particular issue. So, I can't promise it won't be a problem. For the time being, I would go ahead and reveal since you already have a paper trail, but just be aware that there is a possibility that it would be a problem.
Laurel: My answer doesn't make you feel any better, does it? Sorry.
sg: hello , has any of your clients with a dwi case (at least 7 years old) have been aproved the pilot program
Laurel: Ummmm. I think so. Ummmm. I'm not sure. I've only had one case referred under the PIlot Program but it wasn't for that.
cm21om25: It was just with you, it was using my sister as the hardship.
Laurel: Aha! Yes, I know the case. Ok, just send me the follow-up email. I'm sorry I didn't reply earlier. Last week and the week before were ABNORMALLY stressful for me.
Ana: how can I book a consultation with Laurel ?
Laurel: Right now you can't. You will have to wait until next week. Some people have asked if I have a waiting list on the consultations and/or cases. I do not. You will simply have to wait for next week to book a consultation.
Laurel: When my workload gets to a certain point, its irresponsible for me to keep taking new cases and new consultations. In order to be responsible to my current clients, I had to temporarily halt any new work or new consultations at all. Once I clear out some of these current cases, I can take on new work again.
Happy: Also I know you mentioned before that you can start work prior to receiving a SS#, just let your employer know you have applied and give them the # asap, what about work authorization. Can you also tell them you have applied. My husband has a job offer and we really don't want him to loose this chance waiting for approval of the I-765.
Laurel: In regard to working before you get the social - that's really in regard to someone who has just gotten a green card, just entered on an immigrant visa, or just gotten an EAD and has either personally applied for the social security number or its applied for automatically when you enter on an immigrant visa. In those situations, employment is already authorized and the social has been applied for and its legal to start working while awaiting the number. Having applied for an EAD is a different story. You cannot legally work until you actually get the EAD. But if you're here on a K3 and you're going to adjust through your USC spouse (the K3 petitioner) then when the adjustment comes through, the unlawful employment is "forgiven". Now, that's not to say its legal for you to work at this time. Its not and I can't encourage that you do so. I'm just saying that its not going to prevent subsequent adjustment through your USC spouse.
Laurel: And I should note that until your husband gets the EAD, the employer is subject to fines if he hires your husband.
laurafern11: from Everything:
My wife EWI when she was 17 in 1996. She was a victim of one of those paralegal scams where they will apply for asylum and then cancellation of removal. Her asylum was withdrawn and a cancellation of removal has been pending since 2000. They keep changing and vacating the COR hearings. She has had a work permit since 2000. I filed an I130 for her and we are about to get her CDJ interview date (I think it will be january), will we need to file a motion for departure or something like that at the 9th circuit court? Will she need a waiver? Also, is there a risk of her being banned for life?
Laurel: She might be able to get the waiver through CDJ without too much trouble, but there are a lot of potential pitfalls in her case. If she's accused of filing a frivilous asylum claim, that's a permanent bar with no waiver. She needs to argue that it was timely withdrawn. Due to her lengthy immigration history, she needs someone very competent to summarize her immigration history satisfactorily enough to get Pilot Program approval. With her history, there's a real risk that the Pilot Program adjudicator will say, "I can't review all this is 15 minutes." I always recommend that someone use an attorney for waiver cases, but for her, its really imperative. She's got some red flags that a good lawyer can probably "argue away".
cm21om25: To clarify, When you do an I-601 case, What is it that the Attorney does and what is it that the client does?
Laurel: I elicit the information from the client in an effort to figure out what the strongest hardships are for the case. I identify issues other than the hardship that need to be addressed in the waiver, such as lengthy immigration history, prior marriage to a USC, arrests, etc. I provide the client with a list of the documents I need the client to gather together, including descriptions of what needs to be in those documents. The client goes and gets the documents I ask them to get. I review the documents to make sure they prove what I want them to prove. If they don't, I may need the client to either have them redone or go get completely new ones, depending. My paralegal drafts the brief according to my instructions. I revise the brief and email it to the client. Client gives some input. I then finalize, put the packet together with supporting documents and send to the client to submit in person.
ang29: Good day Laurel. I sent you an email today. I need a copy of the interview date letter they sent to you as I did not receive a copy. I would like to start gathering some documents together, eventhough we are postponing the interview that was scheduled for Dec 5-07. Thanks Jokodola
Laurel: Yes, I got your message. I'll see if I can mail you a copy today.
sg: you made a good point that made me think how to do the hs letter, you said its not about the how good of a sad letter you can write. but that the letter is just there to explain the eveidnece. is . that advise only took the pressure out becuase emotion do get in the way.thanks for that great advise
Laurel: Ok, let me clarify. When I handle the case, my brief is unemotional. The qualifying relative's letter is emotional. If you were going to do it pro se, its a little tougher to do it in one letter/brief. I might even suggest that pro se clients write a brief and a letter.
laurafern11: Laurel - Moy is the third member to report this in the last two days! Something must be up with this in CDJ, as we have never heard of this happening before. Can you e-mail Warren? Or someone who might be able to comment when you have a chance?
Laurel: Medical exams and medical issues are out of the hands of both Warren Janssen and Santiago Burciaga. These issues are dealt with through CDC.
Laurel: Neither Warren nor Santiago can over-rule the doctors on this.
moy: was this legal,didnt my waiver covered this already
Laurel: The waiver you filed for the unlawful presence did not cover medical issues unless such medical issues were addressed in the waiver.
Ana: thx. i want wait for u. so, shoud I go to your office next week to book it?
Laurel: Send an email next week. The receptionist at my office is for the entire floor of executive suites. She does not book my consultations.
sg: if the waiver is to prove hardship to the usc why does the visa applicatn crimanal background has to do with the hardship othe they want to know, if so do you have to prove a greater greater hardship if the if the va has a nonviloent crimanal record but has misdemoners, ie.1 dwi 1 dismissed dwi , and ticket for no liences
Laurel: Rather than getting into a legal discussion of whether this other stuff should be considered as a matter of law, I'll simply say that the waiver is a "totality of the circumstances" discretionary decision, and just about anything can be considered. Yes, if you have aggravating factors, such as a DWI or a misdemeanor, you may have to show more hardship to get approved than someone who does not have aggravating factors.
Susan12: Could I use an educational opportunity for my EWI fiance in my HSL? I know that the hardship has to be for the USC but if I use it as an opportunity to get a better job to support me and our future family ????
Laurel: Whatever argument you make has to relate back to how its a hardship for you. What you're describing above can be used, but its a someone difficult argument to make because its highly prospective, as opposed to actual.
Ojos_de_alicia: Laurel next week can i hire you to help me with the addntl evidence for our case that was referred in May 07? OR do you not do those since its not the actual HSL?
Laurel: When amending a pending case I normally charge my full fee as I spend about the same amount of time reviewing the hardships, determining what supporting documents I need, reviewing supporting documents and writing a new brief to make sense out of the supporting documents. I sometimes charge less to amend a pending packet when the client has already paid thousands upon thousands to another attorney ffor this very waiver.
Willianm: My wife came on a J-1 visa with D/S Status in June 2002. Within 3 months and while her visa is good, she had an attorney applied for change or adjustment of status to a touris visa. She kept following up with the staff of the attorney's office for a year but the law office said they have not heard anything from the immigration. She continued to stayed the U.S. and left June 2005. I helped her look into this application for tourist visa last year. By entering her case number, Immigration website showed that her application is on pending status and required more documents to be submitted. I contacted her attorney's office and base on their internal office notes and email communications with the immigratin that her change of status to tourist visa was denied on May 2003. Attorney's office also said that the immigration said they sent out a letter to her but she never received it. My question is: If she was not told by immigration to leave the country and had no knowledge of her change of status application, do you think she had incurred unlawful presence and will be subject to the 10 year bar and would be required to file for a waiver? I heard J1 Visa with D/S status is not subject to the bar.
Laurel: You need to do a FOIA to find out whether she was ever notified or not. Whether the case is still pending is irrelevant as she did not benefit from "tolling" as j1 cannot change nonimmigrant status within the US, so it was not approvable on its face. What is relevant is the D/S status. From the way you presented the question, I think you understand the issues involved. Its really a question of whether notice was actually sent to her or not. And that's a question of fact that can probably only be resolved through a FOIA.
lm: Is there any relief on the current wait times at CDJ for pre pilot program and post pilot program approvals? Do you know approx what the current wait time is? Thanks
Laurel: Its holding steady at about a year. They are handling the cases twice as fast, but now twice as many are coming in. They subsequently hired more adjudicators, so hopefully its speeding up, but I don't have enough information to confirm that at this time.
Ana: thx. what is your e.mail address, pl
Laurel: Its on my homepage.
Laurel: I think.
Laurel: Is it on my homepage? Maybe not. Its laurelscott@visacentral.net
yurimar: hi laurel my friend referred me toyour site ......this is my problem my huband came to usa with avisa that was not his 1st time no problem 2nd time no problem 3rd time no problem 4th time caught a was sent home (all entries within 6 months) what are posibilities we get awaiver aproved we have two daughters together but we are all in good health we dont have any good hardships what would you think about this how hard is this we are from honduras. thank you
Laurel: You have multiple instances of fraud. That's going to make it tough to get an approval without some very compelling hardships. Also, there's a question of whether he was deported on that one occasion. If he was deported and then came back EWI, he's ineligible for a waiver under INS 212a9c
JMRJ: Just want to say , Hi Laurel.
Laurel: hi
sg: are the briefs written from you and explained that they are from a third party and then a letter from the usc explaining the brief is true
Laurel: I normally include a G-28, a cover letter, and I sign as "preparer" on the I-601, so its clear that a lawyer was involved. But even if I didn't do those things, it kind of doesn't matter whether a lawyer wrote the brief or not as the applicant is always responsible for the content and even when a lawyer writes something, as a matter of law, its treated as the applicant making the statement. You'll see in a denial it'll say things like, "the applicant, through counsel, argues ...". So, they're acknowledging that they know a lawyer wrote it, but the applicant is still responsible for it.
lili: my wavier was denied because the hardship letter was not extreme, we tried to schedule an appointment in juarez but after 3 months I didn't recived an answer, so my husband hired a lawyer and he tried to make an appointment for a second interview, and nothing happend, so he applied for a new 1 130 , Do you think thats was the best?, Im desesperate
Laurel: The email system at the consulate in Juarez is down, so you have to request the new appointment through fax or mail. That's the best way to handle it at this time.
moy: what s gonna happen if tb test turn tobe a positive ,would i be able to get the visa conditionally or something
Laurel: There's a waiver for TB. You use the I-601 form, but that's pretty much the only similarity with your previously filed waiver. The TB medical waiver is all about medical insurance and public health issues, as opposed to hardship to the qualifying relative.
chiquitarivera: a lawyer in CA charges me 1500 for his assistant to do I-601 waiver. I asked about how many pages that wpuld be and he said aout 10--12 for everything including evidence. does that sound resonable?
Laurel: When having a non-attorney working on a waiver, an attorney must be very careful to make sure that the non-attorney is not practicing law without a license. Lizz (my paralegal) and I often discuss strategies for a case and whether or not certain supporting documents are good. I often have her do legal research and give me an opinion. I value her input and respect her opinions. BUT she never advises my clients and all final decisions are made by me. To be extra careful about this, its understood that she pretty much never answers any of the client's questions at all, even though she may ask the client some questions.
$1500 for a waiver packet is very low. Most waivers I do require 20-40 hours of my time, including all the communications with the client, excluding Lizz's time. Some go really well and require 10 hours or less, but those are the exception. Others take over 100 hours. If the lawyer is charging $1500, we're talking somewhether in the neighborhood of $50 per hour. Very low for an attorney.
Laurel: Most likely the lawyer either is over-delegating to the paralegal, or the attorney does not understand how much time is required in order to do a good job.
Laurel: You want to get a good bargain, but be careful. Also, while some waivers can be approved on 12-15 SOLID pages of convincing documents, that's a bit thin and it would make me nervous to submit something so short.
Laurel: Now, there was a time earlier in my career when my fees were that low. But my fees were low because I didn't have much experience and I knew it. Even so, my approval rate was high, so I can't say that you can't get a good waiver packet for $1500. I'm just skeptical.
Laurel: Ok, guys. Its 12:10. I have to get back to work. See you all 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: I got some rest over the holiday and am feeling better this week.
cm21om25: Laurel, I had sent you an email on Tuesday November 13, 2007 about the contract and I still haven’t received a response from you. I know you have been very busy, but I just wanted to make sure you haven’t forgotten about me? And just now I realized, Did I send a attachment with that email?
Laurel: Send me a reminder email today.
Laurel: If this is in regard to the case I'm sharing with Annie Schwartz, please be sure to send emails to her.
lili: DO YOU KNOW HOW LONG IS JUAREZ TAKING TO SCHEDULE AN APPOINTMENT , MY HUSBAND FILLED 1 -130 FOR ME IN OCTOBER '07 , IM IN MEXICO AND I LIVED IN USA FOR 5 YEARS WITH NOT PERMISION
Laurel: They're still taking a year after NVC finished with the case, though that time is shrinking.
laurafern11: From Kgarrid -
My husband had three checked boxes after his I-601 Infopass:
1) More evidence - insufficient harship evidence (submitted more evidence on 11/08 - received in DHS on 11/16/07
2) Irregularities in infopass appointment (I have no idea what this mean)
3) additional databases and DHS and or FBI records need to be reviewed and considered before making a decision. (is this because of the sppeding ticket and warrant for his arrest?)
Currently seeking help through our Senator - what are the chances?? I have a brain tumor - daughters need surgery on 12/13??
Laurel: "Infopass irregularities" means they think he may have purchased the appoinment slot from a vendor. The need to do an FBI check most likely means you failed to adequately explain any criminal history or outstanding warrants. "Insufficient evidence" may mean that after they saw the InfoPass irregularities and FBI check issue, they stopped reviewing the case and don't know whether there's enough evidence of hardship or not.
Laurel: It sounds like you have some pressing issues, but even so you need to adequately discuss the criminal issues
laurafern11: from Marina:
My husband has his 2nd interview on 12/10 they would not release the police report to me due to CA laws and a sheriff/friend helped me out and mailed them to el paso consulate address and awaiting the return receipt but we do have the court papers from his misdemeanor where charges were dismissed.
It says `booking #xxxxx After careful search of our records, we are unable to locate a complaint arising form the above arrest and booking charges` `Our records show taht a complaint has not been filed in conjunction to the above booking number. When and if a Compliant is filed by the District Attorney, you will receive notice in the mail. If you do not receive notice within 120 days please contact the Criminal Division for confirmation or if there is a court date pending. Please note, The District Attorney has up to 1 year from the Citation date to file a complaint on a Misdemeanor charge.`Should this be enough? Do you think it is going to be a problem because he used another name when he was arrested in 1997? will he have to file another form because of it? many people have told us they do not think so because it is like all the people that are using other names and ssn to work, but Im thinking this is different because it is an arrest, even though he used a different namd and charges were dismissed but showed up on fingerprints. what do you think?
Laurel: If you can't get records for a certain criminal issue, then a document showing you atttempted to get the records, but none were available, should be sufficient.
Ana: Laurel I would like to know how to pay in advance for 2008 consultation. I talked to you by phone 1 month ago. People from brasilian immigration center gave your #. It is my sisterīs case....I belive the other vattorney hadnīt made her extention....she was arrested, lost her valid turist visa and now is in Brazil
Laurel: I will start doing consultations again in December, i.e. next week. I had to put an absolute halt to all new work, including consultations, because my current work load became more than I could handle without succumbing to the stress. I expect to clear out four cases this week and can start consultations again next week, but I will not be starting work on new cases until 2008. If your case needs immediate attention and cannot wait, I recommend that you look at the list of "good attorneys" on the immigrate2us.net website.
laurafern11:
From Larissabell - Any idea how long waivers adjudication is taking at the Santo Domingo, DR Consulate? Any experience with how strict they are with "extreme hardship"?
Laurel: I haven't done any through Santo Domingo yet. I don't know how long they take. They have a reputation for being moderately lenient on the waivers.
laurafern11: This week two members have been told they need to do a TB test that takes six weeks to get results. It could be a coincidence, but it sounds like the two forum member's husbands indicated that a number of other people were being told the same thing at their medical exams. Is this something new? Do they normally do TB tests on everyone at the medical exam? Member Macedout just reported today that they have to reschedule their Infopass (supposed to be Friday) for late January because of this. Any ideas?
Laurel: Six weeks? No, I hadn't heard about this six week TB test.
chocolat: How long are in country waivers taking?
Laurel: I had one that took an hour. I had another that took four years.
elper7: someone give this link for a consultation they told me 11 am central time i don't know meaby already past?
Laurel: Can someone explain to him what's going on?
moy: hi laurel,my i 601 waiver was just approved,i already got my open appointment letter and alreday went to re do my medical cause is already been a year sinnce my interview,but this time in he medical they said my x ray was showing something in one of my lungs,they made me go fo 3 days every morning to spit flem to test for tb ,the results came back negative but they wont give me my exam til january 18 cause they said they stil have to check if tb is not gonna grow,
Laurel: Ok, so this is they type of thing LauraFern was mentioning. It doesn't sound like something they are doing to everyone - just a special follow-up test if your x-ray isn't 'clear'. Basically you just have to follow their instructions. There's not much that can be done about it. You would be considered a public health hazard until they can determine that you don't have TB and "public health" trumps individual hardship every single time.
Happy: My husband just received his K-3 Visa and I am trying to fill out the I-765 for work authorization, cause god know we need the $ after all this. On question #9 it asks for all Social Security Numbers he has ever used (if any). He worked here 7 years under a fake SS#, do I list that number. We have always filed our taxes and the fake ss# is on his W-2 but I alway make it out and write in his W-7 number to file taxes.
Laurel: The I-765 is the only form I'm aware of where they ask for all socials ever used. In the past it has not been a problem for people to reveal that they had used a different social before and you may want to reveal this to the social security administration so your husband can get 'credit' for prior quarters worked and social security taxes withheld. However, they are starting to crack down on this particular issue. So, I can't promise it won't be a problem. For the time being, I would go ahead and reveal since you already have a paper trail, but just be aware that there is a possibility that it would be a problem.
Laurel: My answer doesn't make you feel any better, does it? Sorry.
sg: hello , has any of your clients with a dwi case (at least 7 years old) have been aproved the pilot program
Laurel: Ummmm. I think so. Ummmm. I'm not sure. I've only had one case referred under the PIlot Program but it wasn't for that.
cm21om25: It was just with you, it was using my sister as the hardship.
Laurel: Aha! Yes, I know the case. Ok, just send me the follow-up email. I'm sorry I didn't reply earlier. Last week and the week before were ABNORMALLY stressful for me.
Ana: how can I book a consultation with Laurel ?
Laurel: Right now you can't. You will have to wait until next week. Some people have asked if I have a waiting list on the consultations and/or cases. I do not. You will simply have to wait for next week to book a consultation.
Laurel: When my workload gets to a certain point, its irresponsible for me to keep taking new cases and new consultations. In order to be responsible to my current clients, I had to temporarily halt any new work or new consultations at all. Once I clear out some of these current cases, I can take on new work again.
Happy: Also I know you mentioned before that you can start work prior to receiving a SS#, just let your employer know you have applied and give them the # asap, what about work authorization. Can you also tell them you have applied. My husband has a job offer and we really don't want him to loose this chance waiting for approval of the I-765.
Laurel: In regard to working before you get the social - that's really in regard to someone who has just gotten a green card, just entered on an immigrant visa, or just gotten an EAD and has either personally applied for the social security number or its applied for automatically when you enter on an immigrant visa. In those situations, employment is already authorized and the social has been applied for and its legal to start working while awaiting the number. Having applied for an EAD is a different story. You cannot legally work until you actually get the EAD. But if you're here on a K3 and you're going to adjust through your USC spouse (the K3 petitioner) then when the adjustment comes through, the unlawful employment is "forgiven". Now, that's not to say its legal for you to work at this time. Its not and I can't encourage that you do so. I'm just saying that its not going to prevent subsequent adjustment through your USC spouse.
Laurel: And I should note that until your husband gets the EAD, the employer is subject to fines if he hires your husband.
laurafern11: from Everything:
My wife EWI when she was 17 in 1996. She was a victim of one of those paralegal scams where they will apply for asylum and then cancellation of removal. Her asylum was withdrawn and a cancellation of removal has been pending since 2000. They keep changing and vacating the COR hearings. She has had a work permit since 2000. I filed an I130 for her and we are about to get her CDJ interview date (I think it will be january), will we need to file a motion for departure or something like that at the 9th circuit court? Will she need a waiver? Also, is there a risk of her being banned for life?
Laurel: She might be able to get the waiver through CDJ without too much trouble, but there are a lot of potential pitfalls in her case. If she's accused of filing a frivilous asylum claim, that's a permanent bar with no waiver. She needs to argue that it was timely withdrawn. Due to her lengthy immigration history, she needs someone very competent to summarize her immigration history satisfactorily enough to get Pilot Program approval. With her history, there's a real risk that the Pilot Program adjudicator will say, "I can't review all this is 15 minutes." I always recommend that someone use an attorney for waiver cases, but for her, its really imperative. She's got some red flags that a good lawyer can probably "argue away".
cm21om25: To clarify, When you do an I-601 case, What is it that the Attorney does and what is it that the client does?
Laurel: I elicit the information from the client in an effort to figure out what the strongest hardships are for the case. I identify issues other than the hardship that need to be addressed in the waiver, such as lengthy immigration history, prior marriage to a USC, arrests, etc. I provide the client with a list of the documents I need the client to gather together, including descriptions of what needs to be in those documents. The client goes and gets the documents I ask them to get. I review the documents to make sure they prove what I want them to prove. If they don't, I may need the client to either have them redone or go get completely new ones, depending. My paralegal drafts the brief according to my instructions. I revise the brief and email it to the client. Client gives some input. I then finalize, put the packet together with supporting documents and send to the client to submit in person.
ang29: Good day Laurel. I sent you an email today. I need a copy of the interview date letter they sent to you as I did not receive a copy. I would like to start gathering some documents together, eventhough we are postponing the interview that was scheduled for Dec 5-07. Thanks Jokodola
Laurel: Yes, I got your message. I'll see if I can mail you a copy today.
sg: you made a good point that made me think how to do the hs letter, you said its not about the how good of a sad letter you can write. but that the letter is just there to explain the eveidnece. is . that advise only took the pressure out becuase emotion do get in the way.thanks for that great advise
Laurel: Ok, let me clarify. When I handle the case, my brief is unemotional. The qualifying relative's letter is emotional. If you were going to do it pro se, its a little tougher to do it in one letter/brief. I might even suggest that pro se clients write a brief and a letter.
laurafern11: Laurel - Moy is the third member to report this in the last two days! Something must be up with this in CDJ, as we have never heard of this happening before. Can you e-mail Warren? Or someone who might be able to comment when you have a chance?
Laurel: Medical exams and medical issues are out of the hands of both Warren Janssen and Santiago Burciaga. These issues are dealt with through CDC.
Laurel: Neither Warren nor Santiago can over-rule the doctors on this.
moy: was this legal,didnt my waiver covered this already
Laurel: The waiver you filed for the unlawful presence did not cover medical issues unless such medical issues were addressed in the waiver.
Ana: thx. i want wait for u. so, shoud I go to your office next week to book it?
Laurel: Send an email next week. The receptionist at my office is for the entire floor of executive suites. She does not book my consultations.
sg: if the waiver is to prove hardship to the usc why does the visa applicatn crimanal background has to do with the hardship othe they want to know, if so do you have to prove a greater greater hardship if the if the va has a nonviloent crimanal record but has misdemoners, ie.1 dwi 1 dismissed dwi , and ticket for no liences
Laurel: Rather than getting into a legal discussion of whether this other stuff should be considered as a matter of law, I'll simply say that the waiver is a "totality of the circumstances" discretionary decision, and just about anything can be considered. Yes, if you have aggravating factors, such as a DWI or a misdemeanor, you may have to show more hardship to get approved than someone who does not have aggravating factors.
Susan12: Could I use an educational opportunity for my EWI fiance in my HSL? I know that the hardship has to be for the USC but if I use it as an opportunity to get a better job to support me and our future family ????
Laurel: Whatever argument you make has to relate back to how its a hardship for you. What you're describing above can be used, but its a someone difficult argument to make because its highly prospective, as opposed to actual.
Ojos_de_alicia: Laurel next week can i hire you to help me with the addntl evidence for our case that was referred in May 07? OR do you not do those since its not the actual HSL?
Laurel: When amending a pending case I normally charge my full fee as I spend about the same amount of time reviewing the hardships, determining what supporting documents I need, reviewing supporting documents and writing a new brief to make sense out of the supporting documents. I sometimes charge less to amend a pending packet when the client has already paid thousands upon thousands to another attorney ffor this very waiver.
Willianm: My wife came on a J-1 visa with D/S Status in June 2002. Within 3 months and while her visa is good, she had an attorney applied for change or adjustment of status to a touris visa. She kept following up with the staff of the attorney's office for a year but the law office said they have not heard anything from the immigration. She continued to stayed the U.S. and left June 2005. I helped her look into this application for tourist visa last year. By entering her case number, Immigration website showed that her application is on pending status and required more documents to be submitted. I contacted her attorney's office and base on their internal office notes and email communications with the immigratin that her change of status to tourist visa was denied on May 2003. Attorney's office also said that the immigration said they sent out a letter to her but she never received it. My question is: If she was not told by immigration to leave the country and had no knowledge of her change of status application, do you think she had incurred unlawful presence and will be subject to the 10 year bar and would be required to file for a waiver? I heard J1 Visa with D/S status is not subject to the bar.
Laurel: You need to do a FOIA to find out whether she was ever notified or not. Whether the case is still pending is irrelevant as she did not benefit from "tolling" as j1 cannot change nonimmigrant status within the US, so it was not approvable on its face. What is relevant is the D/S status. From the way you presented the question, I think you understand the issues involved. Its really a question of whether notice was actually sent to her or not. And that's a question of fact that can probably only be resolved through a FOIA.
lm: Is there any relief on the current wait times at CDJ for pre pilot program and post pilot program approvals? Do you know approx what the current wait time is? Thanks
Laurel: Its holding steady at about a year. They are handling the cases twice as fast, but now twice as many are coming in. They subsequently hired more adjudicators, so hopefully its speeding up, but I don't have enough information to confirm that at this time.
Ana: thx. what is your e.mail address, pl
Laurel: Its on my homepage.
Laurel: I think.
Laurel: Is it on my homepage? Maybe not. Its laurelscott@visacentral.net
yurimar: hi laurel my friend referred me toyour site ......this is my problem my huband came to usa with avisa that was not his 1st time no problem 2nd time no problem 3rd time no problem 4th time caught a was sent home (all entries within 6 months) what are posibilities we get awaiver aproved we have two daughters together but we are all in good health we dont have any good hardships what would you think about this how hard is this we are from honduras. thank you
Laurel: You have multiple instances of fraud. That's going to make it tough to get an approval without some very compelling hardships. Also, there's a question of whether he was deported on that one occasion. If he was deported and then came back EWI, he's ineligible for a waiver under INS 212a9c
JMRJ: Just want to say , Hi Laurel.
Laurel: hi
sg: are the briefs written from you and explained that they are from a third party and then a letter from the usc explaining the brief is true
Laurel: I normally include a G-28, a cover letter, and I sign as "preparer" on the I-601, so its clear that a lawyer was involved. But even if I didn't do those things, it kind of doesn't matter whether a lawyer wrote the brief or not as the applicant is always responsible for the content and even when a lawyer writes something, as a matter of law, its treated as the applicant making the statement. You'll see in a denial it'll say things like, "the applicant, through counsel, argues ...". So, they're acknowledging that they know a lawyer wrote it, but the applicant is still responsible for it.
lili: my wavier was denied because the hardship letter was not extreme, we tried to schedule an appointment in juarez but after 3 months I didn't recived an answer, so my husband hired a lawyer and he tried to make an appointment for a second interview, and nothing happend, so he applied for a new 1 130 , Do you think thats was the best?, Im desesperate
Laurel: The email system at the consulate in Juarez is down, so you have to request the new appointment through fax or mail. That's the best way to handle it at this time.
moy: what s gonna happen if tb test turn tobe a positive ,would i be able to get the visa conditionally or something
Laurel: There's a waiver for TB. You use the I-601 form, but that's pretty much the only similarity with your previously filed waiver. The TB medical waiver is all about medical insurance and public health issues, as opposed to hardship to the qualifying relative.
chiquitarivera: a lawyer in CA charges me 1500 for his assistant to do I-601 waiver. I asked about how many pages that wpuld be and he said aout 10--12 for everything including evidence. does that sound resonable?
Laurel: When having a non-attorney working on a waiver, an attorney must be very careful to make sure that the non-attorney is not practicing law without a license. Lizz (my paralegal) and I often discuss strategies for a case and whether or not certain supporting documents are good. I often have her do legal research and give me an opinion. I value her input and respect her opinions. BUT she never advises my clients and all final decisions are made by me. To be extra careful about this, its understood that she pretty much never answers any of the client's questions at all, even though she may ask the client some questions.
$1500 for a waiver packet is very low. Most waivers I do require 20-40 hours of my time, including all the communications with the client, excluding Lizz's time. Some go really well and require 10 hours or less, but those are the exception. Others take over 100 hours. If the lawyer is charging $1500, we're talking somewhether in the neighborhood of $50 per hour. Very low for an attorney.
Laurel: Most likely the lawyer either is over-delegating to the paralegal, or the attorney does not understand how much time is required in order to do a good job.
Laurel: You want to get a good bargain, but be careful. Also, while some waivers can be approved on 12-15 SOLID pages of convincing documents, that's a bit thin and it would make me nervous to submit something so short.
Laurel: Now, there was a time earlier in my career when my fees were that low. But my fees were low because I didn't have much experience and I knew it. Even so, my approval rate was high, so I can't say that you can't get a good waiver packet for $1500. I'm just skeptical.
Laurel: Ok, guys. Its 12:10. I have to get back to work. See you all next week.