Laura
06-27-2007, 04:42 PM
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Q: hello everybody!
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Laurel: Ok. Rami will not be in the chat today because I sent him to go get the oil changed in my car.
Q: LOL
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Laurel: A few words about the chat - when you type in the main window, I will be able to view what you've written. I choose what to post and what not to post. I will not be able to get to everyone.
Laurel: What I say in the chat does not constitute legal advice as I have not had an opportunity to review your case. Participation in the chat does not create an attorney-client relationship. What you post is not confidential.
Charles_J: looks like it'll be a short session for you
Laurel: More will come.
angela256z: maybe because I2US was down people got confused
Laurel: I stopped going for a bit as they switched servers. I've been posting on the Juarez forum. But I will be getting back to I2US as my clients/audience is not limited to Mexican cases.
laurafern11: hello everybody!
Laurel: Hey! I need to email you about my opinions on this bill. For the moment, let it be known that I agree wholeheartedly with NILC: http://www.nilc.org/immlawpolicy/CIR/cir026.htm
Joel: Laurel in 1999 I petitioned for my father, who lives in Mexico and the I-130 was approved he got the interview appt in 2002, but due to family illness we were unable to continue process. I am going to refile for him, so do on the I-130 do I enter the old case number, also in 2003 he came to visit the U. S. with a visitors visa, he stayed for 2 weeks, do I have to note that also on the I-130, how long do you think it will take for CDJ to give him an appt.
Laurel: It will probably take another year and a half. You don't need to note the prior visit on the I-130, but you will be listing it on the DS-230. You will need to list the prior I-130 on the new I-130, though.
petal07: husband rec'd ticket in 2003 for no lic, careless driving, and failure to give aid. failure to give aid droped case closed. these are misdemeanor traffic charges do we need to list on DS230 form? What documents do we need to get?
Laurel: Driving without a license may be a crime in some states. Make sure its covered only under traffic regulations in your state. You don't need to list purely traffic offences on your DS-230.
petal07: we didn't knoow about getting ITIN for taxes. Husband has never filed, I have always, will this be a problem at 1st interview or for pilot program?
Laurel: Shouldn't be a problem for the waiver, but I do recommend you resolve the problem sooner, rather than later.
Pooh: Laurel can I use child support as income for the I-864? If I do I think I will be able to file AOS before the EAD is approved and before fees go up
Laurel: I don't think you can use child support as income for I-864 because the money is earmarked for the child and cannot be used to support anyone else.
gdalicia: Good morning Laurel! My question is...things seem to be moving so quickly in CDJ that I'm puzzled as to what the new adjudicators will do when they arrive in a few months? Also, pick-up dates are now taking 4 months! Do you think there's any hope that will start to shrink?
Laurel: I'm glad that things are moving so quickly that anyone would think new adjudicators will not be needed! I'm distressed that pick-up dates are taking so long, even after someone has been found to have extreme hardship. That problem is out of Warren's hands and back on the consulate.
angela256z: If I don't know the exact time frame that my husband was here during his first entry prior to 1997 is it ok to give what I can? We know he was here before 1997, but after 1994. He was here for about 18 months. Can I say something like that or do I need exact dates? Customs and Boarder protection do not have any arrival or departure record for him.
Laurel: Give approximate dates and include a note stating that the dates are approximate.
cm21om25: Laurel, If I were to pay you in payments would you happen to know what the payments would be each month?
Laurel: This is something we would discuss in a consultation after I reviewed your case and agreed to take it.
algraham: I have a question about eligibility for waivers of inadmissibility. My fiance was convicted of theft in Mexico and served 4 years in prison before entering the US. Would he be eligible for a waiver even if he served more than a year in prison?
Laurel: Yes, he'd still be eligible. But anything that led to 4 years in prison is going to be scrutinized severely.
Soy_Yo: I was late but was the ultimate question asked already about the backlog?
Laurel: No news. I just did an inquiry on a few of my cases. I have one filed in September. I'm waiting to hear on whether a decision has been made. That will give me a better idea of what month we're on.
petal07: How do I make sure it coverd only under traffic?
Laurel: Check the Penal Code and Traffic Code for your state.
Joel: if I am separated from my wife, on the affadavit of support do I have to include her for the income guideline.
Laurel: Hmm ... hmmm ... if your income is high enough, just include her. If your income wouldn't be high enough, don't include her, but put an asterix next to that question and include a statement that you're not divorced yet, but you're now maintaining separate households.
petal07: We are expecting our 1st appointment Sept or Oct? Do you think we should amend to tax before we go?
Laurel: Yes, I think there's time, so its best to have it taken care of.
nmm: My husband submitted his I-601 on Feb. 21, 2007 in CDJ and it was received by DHS on March 6th . If I were to send additional information, would it delay the processing time of the waiver.
Laurel: No, it should not present significant delays. And remember, a slow approval is better than a speedy denial.
Miaele07: Are approvals still high in Juarez?
Laurel: yes
JC: Hi laurel, My stepfather go a K3 visa and stay in U.S. and because the first I485 interview is unsuccessful, he left the U.S. Now the DHL keep sending him letter tell him go to the court so he won't get deport, but he already left the U.S. what should I do to stop this?
Laurel: If he got a Notice to Appear, hire an attorney to go to court and present documentation that he's left the country.
Soy_Yo: Even after Warren told you and others they were working on Sept are you, yourself doubting that they are going in order or are even in the month they say they are?
Laurel: Warren said they were working on September. The case I'm talking about was received by CIS in mid-September. If its been decided then it will tell me more specifically where they are at. And if I can get a date of the decision, that will also give me more info.
angela256z: I will be mailing out the I-130 in about a week. I have two step children that I want to bring to the US also. Should I file the I-130 for all of them (including my husband) at the same time even if my husband will need a waiver? I don't want the children to get approved and then my husband has to wait.
Laurel: File now to avoid the fee increase. You can always delay the visa pick-up later on.
laurafern11: Laurel, a member on the CDJ forum posted something about her husband’s waiver being “purged,” in January. Apparently they filed the waiver in March of 2006 and so we stuck in the really long backlog. Their lawyer apparently did not know that by June 2007 there was no reason for a March 2006 waiver to still be pending. When the USC wife called the 202 or 900 number (not sure which) she was told the waiver was “purged” in January 2007. Do you have any idea what this means? Is a Senator inquiry their best bet to find out what is going on?
Laurel: 'Purged' means sent to archives. That shouldn't have happened. Following waiver approval the case would be sent to the consulate, which should have hung on to the case for a year before sending to archives. They should continue with inquiries via the Senator.
mobledqueen: I wanted to unquire about purchasing a visa kit (I'll wait my turn....)
Laurel: I'm no longer offering the do-it-yourself kits for a number of reasons.
petal07: If we do our taxes now how will that effect our I-864 that was already submitted?
Laurel: You can always update your record when you go to the interview.
laurafern11: Also, my husband’s pick-up date will be less than one year from the initial interview. Can you confirm that I do not need a new affidavit of support, or should I make one up just in case. I have my 2006 tax returns.
Laurel: They're not supposed to require a new I-864, but they may want updated information, the most recent tax return and W-2s and recent paystubs.
Soy_Yo: One more and I will leave you be lol, do you see any changes or light at the end of the tunnel soon, for this backlog??????
Laurel: The Juarez backlog will not last forever. They've got around 6000 cases to go and then the backlog will be taken care of.
algraham: How do I obtain a criminal record from Mexico? Can an attorney request the record for me?
Laurel: Contact the Mexican consulate.
cs: Would you recommend moving to Mexico, establishing residency, then filing the I-130 / I-601 through Juarez for a US citizen married to someone from Ukraine who is facing a 10-year bar. If one had the opportunity.
Laurel: Depends on the facts of the case.
JC: What kind of Documents can prove he is left the country?
Laurel: Stamp in his passport, recent paystubs in Mexico, bank statement proving he's spending money in Mexico, Mexican lease agreement with his name on it, etc.
my3tykes: Hi Laurel If I have already received the visa application from Juarez does that mean that it has already went through the NVC?
Laurel: Yes.
candy: Hey Laurel, I read something to the effect of "Amnesty" somewhere. Something about if a person has been here more than ten years and can prove it would be hardship to leave they may be granted amnesty? I ask because I have two sisters one is 20 and she has 2 USC sons, is there anything she can do to legalize? My other sister will be 19 this week, is there anything she can do to legalize? They have both been in the US for almost 19 years. Is there only option to get married? We came in illegaly and my mother's case she put in about 15 years ago "disappered" from all records in immigration, and her copies were stolen.
Laurel: I think the term "Amnesty" is overused and misused; the term suggests that you can simply present yourself and ask for forgiveness and all is forgiven. There is no Amnesty for the people in the situation you described. There is, however, Cancellation of Removal. With Cancellation, someone who entered without inpsection can apply for a green card if (a) the person has been her for at least ten years, (b) the person has good moral character (no arrests), (c) the person has never previously been placed in deportation proceedings, and (d) deportation would cause EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP to a US citizen or permanent resident spouse, parent, or child. That standard is much higher than EXTREME HARDSHIP.
Miss_Liss: I have a question about the I-864 filed at the NVC...for reasons beyond my control, our 2006 tax return is still in process...so the transcript is not going to be available just yet but we're about to the I-864 filing stage...so do I need to wait until the transcript is available or am I allowed to leave out 2006?
Laurel: If you file without the 2006 transcript, they will hold your case until you get it. So unless you're trying to beat some sort of deadline, you might as well wait until you have it.
angela256z: Hardship question - my mother is really sick and I help her with going to the store and stuff like that. She requires a line-in care giver that the state would pay for, but I can't do it because I make more money at my current job. If her Dr. wrote a note stating that I needed to be near to help her with shopping and stuff would that be something to include in the hardship letter or is that not suffiecient enough since I can not be a care giver for her?
Laurel: I really can't guide people on their supporting documents during the chat. I would need to review the enitre case to say what each supporting document should include.
mari: Laurel my husband got his first interview appt on April 12, 2007, but I cancelled it cause we were not prepared (not knowing about the hsl) the organization I went for help did not advise us, therefore I cancelled to get more time to collect all evidence for hsl, how long before another appt will be given to us. The case is in CDJ
Laurel: It could be another year.
JC: Can I just send the documents to prove he left the country to the court?
Laurel: If its already in Immigration Court, I recommend hiring an attorney, rather than trying to handle it by mail yourself.
ojos_De_NY: laurel.. my husband has the 3 crimes.. one being a felony we were put into the backlog in CDJ... if his waiver is denied... will he be able to just get the visa after the 10 years have passed or will he always need some sort of waiver for the crimes? the crimes were commited all seperately
Laurel: Criminal history is a permanent bar for which you will always need a waiver.
toomuch: HI! We filed my husbands waiver in August 2006, I'm concerned because Warren stated they are working on September. Should there be cause to worry? I have verified that my case is still pending and no decision has yet been made...I'm really concerned.What are your thoughts on this..thanks again@
Laurel: Verified with whom?
laurafern11: So, in regards to Candy's question, the immigrant still has to have a USC priority relative no matter what?
Laurel: Cancellation of Removal REQUIRES a qualifying relative: a USC or LPR spouse, parent, or child.
Laurel: In the past there was something called Suspension of Deportation, which was available without a qualifying relative if the alien could prove Extreme Hardship to him/herself (!!), but that option was removed many years ago.
petal07: Do the updated tax forms need to be transcripts? Can they be a copy of the actual return that hubby will take to interview?
Laurel: You can use a copy of the return you filed, sure!
mari: My husband has been in this country for about 10 years, but has not done income taxes, we have been married for 5 years and I have filed every year, do we have to refile to include his earnings, I claim that he is not working.
Laurel: Tax law requires that he file and the two of you should now be filing together and you should list his income. This isn't about immigration law. This is about tax law. If there is any government agency you should fear more than CIS, its the IRS.
mrf: My husband E.W.I around March 1996 and was here until 2000 when he got a voluntary departure. We do not have any papers for this and I don't know how to get them. He went back to Mexico, but came back again E.W.I about 2 weeks later. and has been here ever since. Will the first EWI count against him since he was given a departure. Will he even be able to do anything at this point since he did have 2 E.W.I's
Laurel: He's was unlawfully present more than a year, left and returned EWI. He is ineligible for a waiver under INA 212(a)(9)(C).
candy: The 19 year old doesn't have any ties dirrectly to a USC. The 20 year old however does have two young boys age 4 and one month. She is a single mother, their father is a heroin addict who is always in trouble with the Law. She has a clean record, how would we go about with the cancellation of removal? Do we have to wait till she is ordered removed first?
Laurel: It doesn't sound like you will be able to prove EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP to the children based on the facts you described.
candy: hey Laurel I have a question I'm curious about and you probably know the awnser to. Under what grounds can someone take a permanent residency away? Other than falsyfied information to obtain it of course? What about Citizenship? I know that if you plan horrible things againgst the country or government they can, are there any other reasons?
Laurel: - fraud on the application
- error in granting permanent residence in the first place
- new criminal history
- criminal history that doesn't make you deportable, but makes you inadmissible and you leave and return
- leave the country for more than a year without a Reentry Permit
- fall into economic distress
dfarje: Laurel, I have a question about affidavits of support. The petitioned alien is a skilled worker. Is there away to waive the affidavit of support
Laurel: For family-based application, you can only avoid having to file the I-864 if the sponsored alien has lawfully worked more than 40 quarters (10 years) in the US.
mrf: My husband EWI in 2000 when they stoped him, fingerprinted him and he went back voluntary. He EWI again in 2002 and is here since. So what does that mean for us?
Laurel: Do an FBI fingerprint check to make sure it wasn't a deportation. If it wasn't, you should not be found inadmissible under INA 212(a)(9)(C)
mari: Laurel since it is going to be another year for another appt. he left the country last week cause his grandmother died, I am worried he will try to come back without inspection, if he does not get caught will that still affect our case, as it will be his second entry.
Laurel: If he returns without inspection he will be ineligible for a waiver under 9C, assuming he's already been unlawfully present over a year.
petal07: If we cannot afford to amend our returns right now..it will cost thousands of dollars...will we have a problem to get his visa? We will do it eventually. But if you think it will not allow him to get visa we will get a loan for the money.
Laurel: You can do a payment plan with the IRS. You do not have to come up with all the back taxes all at once. If you don't do it now, it most likely WILL NOT interfere with the waiver and with visa issuance, but I have to recommend that you take care of this problem sooner, rather than later.
angela256z: Do you speak spanish? If I were to do a phone consultation with you and I had my husband on the phone you could talk to him in spanish or is it best that I talk and just translate it to him later?
Laurel: I don't advertise that I speak Spanish. I do not feel confident enough in my Spanish abilities to conduct consultations or representation in Spanish. I especially have trouble understanding foreign languages over the phone.
Laurel: Hey, Rami's back. He'll log on in a minute.
angela256z: EWI's prior to April 1997 do not count towards INA 212(a)(9)(C) right? So if my husband was here April 1995 - Aug 1996 the re-entered in 1999 and has been here since he will qualify for the waiver?
Laurel: Unlawful presence prior to April 1997 doesn't count toward the ban as INA 212(a)(9)(C) is interpreted by the consulate in Juarez. With the facts you described above, he should not be found inadmissible under 9C.
toomuch: I spoke with Mr. Burciaga yesterday regarding some concerns, he contacted USCIS and had my address updated because it was not updated correctly and told me my case was still pending.
Laurel: Ok, he contacted CIS to update your address, but is the info about your case coming from CIS or from his DOS computer? The DOS database won't show the approval for several weeks after the approval from CIS occurs.
candy: is that with the citizenship as well? So even when you become a citizen you are still being watched?
Laurel: Ah, no. Citizenship is different. You can only be denaturalized if you lied on your citizenship application.
Mindaugas_B.: Laurel, how can i find out a reason why my case is takeing so long, over a year?
Laurel: All we can do is keep filing inquiries. You can try asking your Congressman to inquire as well.
sandra: Laurel I have a question for a friend of mine that would like to adjust the status for her husband. Her husband has 2 felonies, one is for shooting someone and for a hit and run he served 9 months and that happened 9years ago . also he was arrested for dosmetic violence he was not charged for thatand occured 2 years agot and he has 2 dui's he didnt serve time but paid fines and that occured 3 years ago and finally he had 3 tickets for driviing witha suspended license and he paid fines for that and that occured last year.
Laurel: You can just stop with "one is for shooting someone". Any firearms offence makes an alien deportable. Any firearms offence.
Laurel: And I have to add ... is she sure she wants to keep that gem?
toomuch: I understand, he confirmed with CIS..
Laurel: Hmm. Ok, then its pending.
cm21om25: Laurel, In juarez at the interview to they speak to you in spanish or english?
Laurel: Both. The consular officers always speak English and the predominent language of the country they're in.
candy: Well thanks! Sorry I have a very very curious mind. I begin to wonder about things and don't stop till I figure them out!
Laurel: Its always good to ask.
cm21om25: Laurel, In juarez at the interview to they speak to you in spanish or english?
Laurel: Both. The consular officers always speak English and the predominent language of the country they're in.
candy: Well thanks! Sorry I have a very very curious mind. I begin to wonder about things and don't stop till I figure them out!
Laurel: Its always good to ask.
mari: Laurel if he entered the first time in 1995 and stayed here til last week, does that count at an entry or in case he comes back ewi
Laurel: Its not about the date of prior entry or even the manner of prior entry. Its how long he's been unlawfully present before leaving and coming back EWI.
briza: Hi Laurel. My husbands K3 appointment is next Friday in CDJ. I am disabled and on disability, since I don't have an income, my stepfather will be sponsoring my husband. Do we need to take the affidavit of support, just in case, so my husband won't have any problems?
Laurel: They're more lenient about the affidavit of support for a K3 case in Juarez. But yes, prepare it will all necessary documentation from your step-dad.
Laurel: Ok, guys, its noon. I'm going to cut out now. See you next week.
Welcome!
Q: hello everybody!
Your question has been submitted to the moderator.
Laurel: Ok. Rami will not be in the chat today because I sent him to go get the oil changed in my car.
Q: LOL
Your question has been submitted to the moderator.
Laurel: A few words about the chat - when you type in the main window, I will be able to view what you've written. I choose what to post and what not to post. I will not be able to get to everyone.
Laurel: What I say in the chat does not constitute legal advice as I have not had an opportunity to review your case. Participation in the chat does not create an attorney-client relationship. What you post is not confidential.
Charles_J: looks like it'll be a short session for you
Laurel: More will come.
angela256z: maybe because I2US was down people got confused
Laurel: I stopped going for a bit as they switched servers. I've been posting on the Juarez forum. But I will be getting back to I2US as my clients/audience is not limited to Mexican cases.
laurafern11: hello everybody!
Laurel: Hey! I need to email you about my opinions on this bill. For the moment, let it be known that I agree wholeheartedly with NILC: http://www.nilc.org/immlawpolicy/CIR/cir026.htm
Joel: Laurel in 1999 I petitioned for my father, who lives in Mexico and the I-130 was approved he got the interview appt in 2002, but due to family illness we were unable to continue process. I am going to refile for him, so do on the I-130 do I enter the old case number, also in 2003 he came to visit the U. S. with a visitors visa, he stayed for 2 weeks, do I have to note that also on the I-130, how long do you think it will take for CDJ to give him an appt.
Laurel: It will probably take another year and a half. You don't need to note the prior visit on the I-130, but you will be listing it on the DS-230. You will need to list the prior I-130 on the new I-130, though.
petal07: husband rec'd ticket in 2003 for no lic, careless driving, and failure to give aid. failure to give aid droped case closed. these are misdemeanor traffic charges do we need to list on DS230 form? What documents do we need to get?
Laurel: Driving without a license may be a crime in some states. Make sure its covered only under traffic regulations in your state. You don't need to list purely traffic offences on your DS-230.
petal07: we didn't knoow about getting ITIN for taxes. Husband has never filed, I have always, will this be a problem at 1st interview or for pilot program?
Laurel: Shouldn't be a problem for the waiver, but I do recommend you resolve the problem sooner, rather than later.
Pooh: Laurel can I use child support as income for the I-864? If I do I think I will be able to file AOS before the EAD is approved and before fees go up
Laurel: I don't think you can use child support as income for I-864 because the money is earmarked for the child and cannot be used to support anyone else.
gdalicia: Good morning Laurel! My question is...things seem to be moving so quickly in CDJ that I'm puzzled as to what the new adjudicators will do when they arrive in a few months? Also, pick-up dates are now taking 4 months! Do you think there's any hope that will start to shrink?
Laurel: I'm glad that things are moving so quickly that anyone would think new adjudicators will not be needed! I'm distressed that pick-up dates are taking so long, even after someone has been found to have extreme hardship. That problem is out of Warren's hands and back on the consulate.
angela256z: If I don't know the exact time frame that my husband was here during his first entry prior to 1997 is it ok to give what I can? We know he was here before 1997, but after 1994. He was here for about 18 months. Can I say something like that or do I need exact dates? Customs and Boarder protection do not have any arrival or departure record for him.
Laurel: Give approximate dates and include a note stating that the dates are approximate.
cm21om25: Laurel, If I were to pay you in payments would you happen to know what the payments would be each month?
Laurel: This is something we would discuss in a consultation after I reviewed your case and agreed to take it.
algraham: I have a question about eligibility for waivers of inadmissibility. My fiance was convicted of theft in Mexico and served 4 years in prison before entering the US. Would he be eligible for a waiver even if he served more than a year in prison?
Laurel: Yes, he'd still be eligible. But anything that led to 4 years in prison is going to be scrutinized severely.
Soy_Yo: I was late but was the ultimate question asked already about the backlog?
Laurel: No news. I just did an inquiry on a few of my cases. I have one filed in September. I'm waiting to hear on whether a decision has been made. That will give me a better idea of what month we're on.
petal07: How do I make sure it coverd only under traffic?
Laurel: Check the Penal Code and Traffic Code for your state.
Joel: if I am separated from my wife, on the affadavit of support do I have to include her for the income guideline.
Laurel: Hmm ... hmmm ... if your income is high enough, just include her. If your income wouldn't be high enough, don't include her, but put an asterix next to that question and include a statement that you're not divorced yet, but you're now maintaining separate households.
petal07: We are expecting our 1st appointment Sept or Oct? Do you think we should amend to tax before we go?
Laurel: Yes, I think there's time, so its best to have it taken care of.
nmm: My husband submitted his I-601 on Feb. 21, 2007 in CDJ and it was received by DHS on March 6th . If I were to send additional information, would it delay the processing time of the waiver.
Laurel: No, it should not present significant delays. And remember, a slow approval is better than a speedy denial.
Miaele07: Are approvals still high in Juarez?
Laurel: yes
JC: Hi laurel, My stepfather go a K3 visa and stay in U.S. and because the first I485 interview is unsuccessful, he left the U.S. Now the DHL keep sending him letter tell him go to the court so he won't get deport, but he already left the U.S. what should I do to stop this?
Laurel: If he got a Notice to Appear, hire an attorney to go to court and present documentation that he's left the country.
Soy_Yo: Even after Warren told you and others they were working on Sept are you, yourself doubting that they are going in order or are even in the month they say they are?
Laurel: Warren said they were working on September. The case I'm talking about was received by CIS in mid-September. If its been decided then it will tell me more specifically where they are at. And if I can get a date of the decision, that will also give me more info.
angela256z: I will be mailing out the I-130 in about a week. I have two step children that I want to bring to the US also. Should I file the I-130 for all of them (including my husband) at the same time even if my husband will need a waiver? I don't want the children to get approved and then my husband has to wait.
Laurel: File now to avoid the fee increase. You can always delay the visa pick-up later on.
laurafern11: Laurel, a member on the CDJ forum posted something about her husband’s waiver being “purged,” in January. Apparently they filed the waiver in March of 2006 and so we stuck in the really long backlog. Their lawyer apparently did not know that by June 2007 there was no reason for a March 2006 waiver to still be pending. When the USC wife called the 202 or 900 number (not sure which) she was told the waiver was “purged” in January 2007. Do you have any idea what this means? Is a Senator inquiry their best bet to find out what is going on?
Laurel: 'Purged' means sent to archives. That shouldn't have happened. Following waiver approval the case would be sent to the consulate, which should have hung on to the case for a year before sending to archives. They should continue with inquiries via the Senator.
mobledqueen: I wanted to unquire about purchasing a visa kit (I'll wait my turn....)
Laurel: I'm no longer offering the do-it-yourself kits for a number of reasons.
petal07: If we do our taxes now how will that effect our I-864 that was already submitted?
Laurel: You can always update your record when you go to the interview.
laurafern11: Also, my husband’s pick-up date will be less than one year from the initial interview. Can you confirm that I do not need a new affidavit of support, or should I make one up just in case. I have my 2006 tax returns.
Laurel: They're not supposed to require a new I-864, but they may want updated information, the most recent tax return and W-2s and recent paystubs.
Soy_Yo: One more and I will leave you be lol, do you see any changes or light at the end of the tunnel soon, for this backlog??????
Laurel: The Juarez backlog will not last forever. They've got around 6000 cases to go and then the backlog will be taken care of.
algraham: How do I obtain a criminal record from Mexico? Can an attorney request the record for me?
Laurel: Contact the Mexican consulate.
cs: Would you recommend moving to Mexico, establishing residency, then filing the I-130 / I-601 through Juarez for a US citizen married to someone from Ukraine who is facing a 10-year bar. If one had the opportunity.
Laurel: Depends on the facts of the case.
JC: What kind of Documents can prove he is left the country?
Laurel: Stamp in his passport, recent paystubs in Mexico, bank statement proving he's spending money in Mexico, Mexican lease agreement with his name on it, etc.
my3tykes: Hi Laurel If I have already received the visa application from Juarez does that mean that it has already went through the NVC?
Laurel: Yes.
candy: Hey Laurel, I read something to the effect of "Amnesty" somewhere. Something about if a person has been here more than ten years and can prove it would be hardship to leave they may be granted amnesty? I ask because I have two sisters one is 20 and she has 2 USC sons, is there anything she can do to legalize? My other sister will be 19 this week, is there anything she can do to legalize? They have both been in the US for almost 19 years. Is there only option to get married? We came in illegaly and my mother's case she put in about 15 years ago "disappered" from all records in immigration, and her copies were stolen.
Laurel: I think the term "Amnesty" is overused and misused; the term suggests that you can simply present yourself and ask for forgiveness and all is forgiven. There is no Amnesty for the people in the situation you described. There is, however, Cancellation of Removal. With Cancellation, someone who entered without inpsection can apply for a green card if (a) the person has been her for at least ten years, (b) the person has good moral character (no arrests), (c) the person has never previously been placed in deportation proceedings, and (d) deportation would cause EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP to a US citizen or permanent resident spouse, parent, or child. That standard is much higher than EXTREME HARDSHIP.
Miss_Liss: I have a question about the I-864 filed at the NVC...for reasons beyond my control, our 2006 tax return is still in process...so the transcript is not going to be available just yet but we're about to the I-864 filing stage...so do I need to wait until the transcript is available or am I allowed to leave out 2006?
Laurel: If you file without the 2006 transcript, they will hold your case until you get it. So unless you're trying to beat some sort of deadline, you might as well wait until you have it.
angela256z: Hardship question - my mother is really sick and I help her with going to the store and stuff like that. She requires a line-in care giver that the state would pay for, but I can't do it because I make more money at my current job. If her Dr. wrote a note stating that I needed to be near to help her with shopping and stuff would that be something to include in the hardship letter or is that not suffiecient enough since I can not be a care giver for her?
Laurel: I really can't guide people on their supporting documents during the chat. I would need to review the enitre case to say what each supporting document should include.
mari: Laurel my husband got his first interview appt on April 12, 2007, but I cancelled it cause we were not prepared (not knowing about the hsl) the organization I went for help did not advise us, therefore I cancelled to get more time to collect all evidence for hsl, how long before another appt will be given to us. The case is in CDJ
Laurel: It could be another year.
JC: Can I just send the documents to prove he left the country to the court?
Laurel: If its already in Immigration Court, I recommend hiring an attorney, rather than trying to handle it by mail yourself.
ojos_De_NY: laurel.. my husband has the 3 crimes.. one being a felony we were put into the backlog in CDJ... if his waiver is denied... will he be able to just get the visa after the 10 years have passed or will he always need some sort of waiver for the crimes? the crimes were commited all seperately
Laurel: Criminal history is a permanent bar for which you will always need a waiver.
toomuch: HI! We filed my husbands waiver in August 2006, I'm concerned because Warren stated they are working on September. Should there be cause to worry? I have verified that my case is still pending and no decision has yet been made...I'm really concerned.What are your thoughts on this..thanks again@
Laurel: Verified with whom?
laurafern11: So, in regards to Candy's question, the immigrant still has to have a USC priority relative no matter what?
Laurel: Cancellation of Removal REQUIRES a qualifying relative: a USC or LPR spouse, parent, or child.
Laurel: In the past there was something called Suspension of Deportation, which was available without a qualifying relative if the alien could prove Extreme Hardship to him/herself (!!), but that option was removed many years ago.
petal07: Do the updated tax forms need to be transcripts? Can they be a copy of the actual return that hubby will take to interview?
Laurel: You can use a copy of the return you filed, sure!
mari: My husband has been in this country for about 10 years, but has not done income taxes, we have been married for 5 years and I have filed every year, do we have to refile to include his earnings, I claim that he is not working.
Laurel: Tax law requires that he file and the two of you should now be filing together and you should list his income. This isn't about immigration law. This is about tax law. If there is any government agency you should fear more than CIS, its the IRS.
mrf: My husband E.W.I around March 1996 and was here until 2000 when he got a voluntary departure. We do not have any papers for this and I don't know how to get them. He went back to Mexico, but came back again E.W.I about 2 weeks later. and has been here ever since. Will the first EWI count against him since he was given a departure. Will he even be able to do anything at this point since he did have 2 E.W.I's
Laurel: He's was unlawfully present more than a year, left and returned EWI. He is ineligible for a waiver under INA 212(a)(9)(C).
candy: The 19 year old doesn't have any ties dirrectly to a USC. The 20 year old however does have two young boys age 4 and one month. She is a single mother, their father is a heroin addict who is always in trouble with the Law. She has a clean record, how would we go about with the cancellation of removal? Do we have to wait till she is ordered removed first?
Laurel: It doesn't sound like you will be able to prove EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP to the children based on the facts you described.
candy: hey Laurel I have a question I'm curious about and you probably know the awnser to. Under what grounds can someone take a permanent residency away? Other than falsyfied information to obtain it of course? What about Citizenship? I know that if you plan horrible things againgst the country or government they can, are there any other reasons?
Laurel: - fraud on the application
- error in granting permanent residence in the first place
- new criminal history
- criminal history that doesn't make you deportable, but makes you inadmissible and you leave and return
- leave the country for more than a year without a Reentry Permit
- fall into economic distress
dfarje: Laurel, I have a question about affidavits of support. The petitioned alien is a skilled worker. Is there away to waive the affidavit of support
Laurel: For family-based application, you can only avoid having to file the I-864 if the sponsored alien has lawfully worked more than 40 quarters (10 years) in the US.
mrf: My husband EWI in 2000 when they stoped him, fingerprinted him and he went back voluntary. He EWI again in 2002 and is here since. So what does that mean for us?
Laurel: Do an FBI fingerprint check to make sure it wasn't a deportation. If it wasn't, you should not be found inadmissible under INA 212(a)(9)(C)
mari: Laurel since it is going to be another year for another appt. he left the country last week cause his grandmother died, I am worried he will try to come back without inspection, if he does not get caught will that still affect our case, as it will be his second entry.
Laurel: If he returns without inspection he will be ineligible for a waiver under 9C, assuming he's already been unlawfully present over a year.
petal07: If we cannot afford to amend our returns right now..it will cost thousands of dollars...will we have a problem to get his visa? We will do it eventually. But if you think it will not allow him to get visa we will get a loan for the money.
Laurel: You can do a payment plan with the IRS. You do not have to come up with all the back taxes all at once. If you don't do it now, it most likely WILL NOT interfere with the waiver and with visa issuance, but I have to recommend that you take care of this problem sooner, rather than later.
angela256z: Do you speak spanish? If I were to do a phone consultation with you and I had my husband on the phone you could talk to him in spanish or is it best that I talk and just translate it to him later?
Laurel: I don't advertise that I speak Spanish. I do not feel confident enough in my Spanish abilities to conduct consultations or representation in Spanish. I especially have trouble understanding foreign languages over the phone.
Laurel: Hey, Rami's back. He'll log on in a minute.
angela256z: EWI's prior to April 1997 do not count towards INA 212(a)(9)(C) right? So if my husband was here April 1995 - Aug 1996 the re-entered in 1999 and has been here since he will qualify for the waiver?
Laurel: Unlawful presence prior to April 1997 doesn't count toward the ban as INA 212(a)(9)(C) is interpreted by the consulate in Juarez. With the facts you described above, he should not be found inadmissible under 9C.
toomuch: I spoke with Mr. Burciaga yesterday regarding some concerns, he contacted USCIS and had my address updated because it was not updated correctly and told me my case was still pending.
Laurel: Ok, he contacted CIS to update your address, but is the info about your case coming from CIS or from his DOS computer? The DOS database won't show the approval for several weeks after the approval from CIS occurs.
candy: is that with the citizenship as well? So even when you become a citizen you are still being watched?
Laurel: Ah, no. Citizenship is different. You can only be denaturalized if you lied on your citizenship application.
Mindaugas_B.: Laurel, how can i find out a reason why my case is takeing so long, over a year?
Laurel: All we can do is keep filing inquiries. You can try asking your Congressman to inquire as well.
sandra: Laurel I have a question for a friend of mine that would like to adjust the status for her husband. Her husband has 2 felonies, one is for shooting someone and for a hit and run he served 9 months and that happened 9years ago . also he was arrested for dosmetic violence he was not charged for thatand occured 2 years agot and he has 2 dui's he didnt serve time but paid fines and that occured 3 years ago and finally he had 3 tickets for driviing witha suspended license and he paid fines for that and that occured last year.
Laurel: You can just stop with "one is for shooting someone". Any firearms offence makes an alien deportable. Any firearms offence.
Laurel: And I have to add ... is she sure she wants to keep that gem?
toomuch: I understand, he confirmed with CIS..
Laurel: Hmm. Ok, then its pending.
cm21om25: Laurel, In juarez at the interview to they speak to you in spanish or english?
Laurel: Both. The consular officers always speak English and the predominent language of the country they're in.
candy: Well thanks! Sorry I have a very very curious mind. I begin to wonder about things and don't stop till I figure them out!
Laurel: Its always good to ask.
cm21om25: Laurel, In juarez at the interview to they speak to you in spanish or english?
Laurel: Both. The consular officers always speak English and the predominent language of the country they're in.
candy: Well thanks! Sorry I have a very very curious mind. I begin to wonder about things and don't stop till I figure them out!
Laurel: Its always good to ask.
mari: Laurel if he entered the first time in 1995 and stayed here til last week, does that count at an entry or in case he comes back ewi
Laurel: Its not about the date of prior entry or even the manner of prior entry. Its how long he's been unlawfully present before leaving and coming back EWI.
briza: Hi Laurel. My husbands K3 appointment is next Friday in CDJ. I am disabled and on disability, since I don't have an income, my stepfather will be sponsoring my husband. Do we need to take the affidavit of support, just in case, so my husband won't have any problems?
Laurel: They're more lenient about the affidavit of support for a K3 case in Juarez. But yes, prepare it will all necessary documentation from your step-dad.
Laurel: Ok, guys, its noon. I'm going to cut out now. See you next week.