Laura
12-05-2007, 05:07 PM
Laurel: 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.
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.
vivi: Good morning everyone, well here is my case: my parents brought me here illegaly when I was 11 years old. I'm now 20 and I want to marry my boyfriend. Well the thing is that he is in the marines and he is being deployed in September 2008 so the appointment in Juarez would come after that date. We talked to a lawyer and she said that we could not do the fiancee visa becase I was here illegaly and I know that visa would be faster. And she also said that since my dad was approved for the 245i because my uncle filed for him that I was automatically approved because I was underage and I would not have to leave the country to adjust my status . Is this true?
Laurel: If you qualify for relief under 245i - and it sounds like you might - that's your best option. If you didn't qualify for 245i relief, you could either do finace(e) visa (yes, you are a qualifying relative for the waiver) or get married and get the pre-waiver process expedited due to your husband's imminent deployment. However, you might not even need anything expedited as the consulate expects to have its appointment backlog resolved before the summer.
laurafern11: From Lgatica -- I have a friend who met her husband in 1999 when she was minor and he was an adult. Her dad found out about it and had the then boyfriend arressted. He was charged with 2 class C felonies for enticing a minor and something else. Long story short is that the father eventually dropped the charges after the then boyfriend spent a couple months in jail. The couple have been married now for a few years and have a child. The father acknowledges that he made a mistake in having him arressted. Will the arrest/no conviction make them ineligible for a waiver? If not, then will having the record expunged work in their favor? Also, the husband was petitioned by his employer prior to 2001 so he qualifies for 245i. She has consulted with several lawyers and all have told her that it is better for her to wait for the laws to hopefully change.
Laurel: If he's 245i eligible and has no convictions, he should be able to adjust under 245i. If he never confessed/admitted to the charges, he's not inadmissible on criminal grounds. Arrests without convictions or confessions can become very significant when an alien needs a waiver on a different ground of inadmissibility. But his unlawful presence does not make him inadmissible until he departs, which he wouldn't have to do if he adjusts under 245i. As long as there are no other grounds of inadmissibility, 245i may be an excellent option for him.
sophia: Hi ! good morning. How long is taking the 1 130 to be process? my husband applied for me. I suppose to go to Ciudad Juarez to get the visa, My husband is USC and this october '07 filed the 1 130 . I wonder how long I have to wait to be in USA. Is Juarez taking too many months to schedule appointments?
Laurel: I would file the I-129F to speed things up, but if you choose not to do that, you will probably have an interview before the end of the summer as the consulate is clearing out their interview backlog.
mach12: Our 129f was approved and recvd by NVC. Our130 was approved and completed by NVC. My husband never EWI, came on tourist visa overstayed more than 365, went to Canada, tried to cross back, was stopped, asked for docs, he lied and said they were back in Canada cause he was scared(never clamined to be USC). Officers told him better to be honest,so he said he lived in nyc(true). He was sent back to Canada and deported. (exp. Removal from US) what are our chances of being put in the backlog from the infopass interview? Thank you.
Laurel: He's Mexican, not Canadian, right? Nothing you're describing will 'automatically' get him put in the backlog, but you do need to address the circumstances of the deportation at the very start of the waiver and present a clearly approvable case.
Alica: My brother in law had a lady, long story, but basically she sold him a van later took it back and says there is nothing he can do about it, to the tune of $1100.00. The cops say if my brother in law wants to press charges they have to contact INS and maybe he and his family would be deported. Can this really happen. We are in Minnesota.
Laurel: Illegal aliens are very vulnerable to many types of crime, such as this one. The local government won't necessarily "have to" contact ICE (INS has been defunct for years), but the defendants might and the government officials might.
One option in your case is for the alien to sell his rights to the van to a third party (who knows about the possession issue) and the third party can sue in civil court to have the property returned. Its a bit complicated, so I recommend hiring a local attorney.
laurafern11: Sort of a follow-up to that: There are a lot of people lately who are children of a sibling of a USC that was petitioned in time to qualify for 245i. The issue of whether marrying voids that 245i eligibility came up today. So let's say Maria's USC uncle petitioned for his brother (Maria's father) in 2000. Maria was listed on the petition as a beneficiary. What are the limitations of this? Is she no longer eligible after she turns 21? If she married at age 20 can she adjust in the U.S. through her marriage to a USC? Anything else we should know about these sort of petitions?
Laurel: If you are elgible for 245i based on a previously filed I-130, and then you change your family based category, does that void your eligibility? Great question. No it does not. The I-130 had to have been approvable on its face at the time it was filed in order for you to use that prior I-130 to grandfather in under 245i. But if you've changed category, you can submit a new I-130 filed by the new petitioner and still use 245i. Same thing with an I-140 or Labor Cert. As long as it was "approvable" at the time it was filed, you use it to grandfather in even if you have a new petitioner.
laurafern11: Let's say an LPR who doesn't speak much English is filing a waiver for his formerly undocumented spouse through CDJ. Is it appropriate/advised that the HSL be written in Spanish? Do the DHS officials all speak/read Spanish? Or should they have the entire packet translated into English? The person asking on the forum was concerned that if it was translated it might seem strange since the petitioner doesn't speak very much English despite being an LPR. Of course... we know that CDJ is never even going to see the petitioner, so it probably doesn't matter. But will they even adjudicate a waiver completely in Spanish?
Laurel: Things handed in at the consulate can be in the local language of that country, but things handed in to CIS must either be in English or accompanied by an English translation. Waivers are handed over to CIS. If the qualifying relative does not speak English, you will have a challenge proving that its an extreme hardship for the qualifying relative to return to Mexico. That's not to say it isn't possible. Its simply much more challenging.
lindita82: Hello laurel I would like your opinion pls!! 1)My husband was placed in the backlog in Oct.2007 in CDJ I think because he has 2= duis and 1-driving with suspended license which were all 9yrs ago.. and were paid for later on with probation/AA classes/commnity service. 30 days in jail for the suspended license. Do you think he has a good chance in getting approved?? 2) Also 30 days after he was placed in the backlog I sent another letter stating once again that our home went in to forclosure,and myself and our kids depend 100% on his income.and we had no other option but to come live with him in Mexico and that my kids are suffering here!! Do you think this will be negative towards my argument as to why I need him in the USA???thank you
Laurel: It all depends on how you present the information and what the other facts of the case are. You're not automatically sunk because you joined your spouse abroad.
yurimar: hello laurel do you have misrep cases that you've won,would u take mine like i said last week 4 instances of misrep no big hardships everyone healthy
Laurel: I've won several misrep cases, but the more misreps you have, the harder it is to win. Lima in particular is very tough on people with multiple misreps.
Ana: Hi Laurel, did u get everything u need from my sister/ Brazil? Do u think it would be possible to waiver/help my sisterīs cancelled visa if the other attorney admit she hadnīt applied my sisterīs extension? Iam pretty sure it happened / that is the reason she is avoiding us and not answering questions....Iam considering to report to state bar
Laurel: I'll reply by email later today.
Sandra162: Would a person who was charged with solicitation of prostitution and plead nolo contrende, adjucdiation withheld be barred from filing 601 waiver? With valid extreme hardships this person would still qualify for approval through the pilot program, correct?
Laurel: It counts as a conviction. There are special rules for prostitution. I'd have to review. But I believe the special rules have a special time limit of a few years since the offense. How long ago did the events in question take place?
sg: hello, i have a question about medical. If you dont pass medical do you go to your visa appointments still or is it when you finish medical and if there is any problem than the consualte officer will inform you. ie. refereed to the pyhscian panel cuz of two or more hits on record for alchol related issues. thanks
Laurel: You find out at the consular interview if you are found medically ineligible to apply for a waiver.
cm21om25: Laurel, Did you receive my email I sent you subject: Re: Mar***** case? I know I just sent it recently but I just wanted to make sure because I am getting close to the 30 days from the consultation. Thank you.
Laurel: I got it.
desesperado: Good morning Laurel, I was part of the backlog and my wife's waiver was denied on 11/23/07 for not showing enough warship, I am working on getting a second appointment. My case was so simple but the lawyer I hire focus only on the beneficiary my wife not my hardships. You probably remember the HSL he wrote. We do not have any criminal background and I am a 20% disability from the military. Which lawyer never mention on letter. I hire a Lawer for the reason I did not have a clue how to get my wife's greencard. I wish you were able to take my case my son and I want my wife back.. Have you taken any cases arter a denail? If so can you take my case?
Laurel: Your case wasn't denied, it was referred. Yes, I've taken a couple of post-referral cases since the Pilot Program started earlier this year. I just need you to understand that I won't be able to expedite the case. I cannot undue the fact that its now going to take a year, rather than a day.
sg: so you recomended to present any issue with the law at the beganing of the Personal Hl or in the packet of evedience. iam confused on were to address the issues. we are planing to write a serparte letter from my husband and attatch evedience to that letter.
Laurel: Any criminal history should be addressed immediately at the beginning of the waiver packet. They will look at that before they review the hardships. If you try to address it last, they will literally physically rearrange your packet so it comes first.
Alica: About the illegal alien and the van... the bank says that the paper that the illegal alien signed is null and void because he has no status here in the US
Laurel: WRONG. WRONG. WRONG. Foreign nationals are permitted to own property and enter into contracts regardless of immigration status. Immigration law makes certain things, such as employment, illegal for certain foreign nationals, meaning a contract for employment would be an illegal, and therefore, unenforceable contract, but there is NOTHING in immigration law restricting the rights of aliens to purchase and own property. Just recently, in the State of Pennsylvania, there were some laws attempting to interfere in alien's right to do things such as rent an apartment. The laws were struck down as unconstitutional. In the decision, the judges states that illegal aliens are not devoid of each and every right imaginable.
roxy21: How many days apart from our appointment should we wait to achedule our infopass apointment.
Laurel: You should schedule it no more than two weeks in advance, to take place no less than two days after the consular interview.
losG: In november 1997, when I was 16, my parents decided to send me to the US. Although I held valid border crosser documents, they made me use my cousin's birth certificate since he is a US citicizen and they felt this would get me across the border more easily. Naturally, my misrepresentation was caught by border officials, I was fingerprinted, and released back to Mexico. The following week, my father took me over the border with my brother's passport and border crosser documbets, and I stayed in the US after that. I married US citizen in May 2007 in Chicago. We are wondering if there is still a chance for me to file a waiver, or if misrepresenting as a citizen at age 16 makes me ineligible for life? thank you
Laurel: I've asked CIS for a formal statement regarding whether a minor is responsible for misrepresentation committed by another. I'm still awaiting a formal statement. For the moment, minors - regardless of how long they were at the time, sometimes we're talking about babies - are held responsible for misrepresentation committed on their behalf by another. Even if I get the statement I want from CIS, I'm not sure it would cover your situation: you were a minor, but you were the one who held the paper and submitted it. At least for now, you're stuck.
Laurel: Further comment - many attorneys have postulated that misrepresentation requires "intent" and that children under a certain age cannot form that intent. As strong as this argument is, we're still losing on this argument at the consulate. Remember, consular decisions are non-appealable, so even if you think the consular officer is wrong, generally speaking, you lose.
lucas: Hello! This is my cuestion .My wavier was denied and I didn't applied for the appeal . I would like to know if I can apply for a turist visa to go to USA,
Laurel: If you're inadmissible, you can't get a nonimmigrant visa either. There's a nonimmigrant waiver, but you're unlikely to get it if you have immigrant intent.
roxy21: after your case is put in backlogg where can we get information on our case. The only thing that CDJ told us is that it is in Atlanta.
Laurel: If you filed in Mexico, you're waiver is not in Atlanta.
Lynette: I'm sorry I came in late on the chat late. If this has already been asked, plz ignore me. I've seen a few people on the I2us forum asking about why they're getting backlogged only for FBI checks. And they do not have the option checkmarked to send additional evidence. Is it possible to get backlogged because you went to your infopass the VERY NEXT DAY after your consular interview and didn't have enough time for the background checks to come back?
Laurel: Absolutely. That's why you have to leave at least two days. Also, if you provide insufficient evidence of your criminal history, including arrests, they will have to do their own research, meaning FBI check.
bloom: For the hardship waiver do you NEVER recommend that financial be your strongest arguement. I feel that it is my strongest arguement. If husband is not approved, I would have to sell our home and take a loss. Also I have $250 monthly student loans that I would still have to pay. I have no health issues.
Laurel: I just won a case where my strongest argument was financial hardship to USC if she were deprived of her husband's income. It all depends on the facts of the case. If you're using a 'deprivation of spouse's income' as an argument, your own salary had better be pretty low and you will need to show that you wouldn't be able to purchase BASIC necessitites. If "credit card debt" is on your monthly budget, the argument probably won't work.
mach12:
Yes, he’s Mexican. Address the deportation as in, why he overstayed-to help his family, knows he did something wrong, very sorry, told the officer his docs were in Canada cause he was scared and just wanted to get back home to his fiancé. (He went to Canada to visit friends and thought he would be fine crossing back, don’t ask why)Cooperated completely with officers and left willingly when told to do so and has never tried to ewi since???
Laurel: Don't start talking about WHY you violated the law unless its something truly extraordinary.
flower22: How hard it for an in country waiver(for using non U.S.fraudlent passport) to be approved at the first shot by the adjudicator at the AOS interview? Would some general medical problems(not severe or life threatening) and level 3 and level 4 arguments help in the approval of the waiver.
Laurel: It really depends on the facts of the case and the immigration officer assigned to you. I've had a few like this approved, but the cases were strong.
laurafern11: Laurel - another follow-up on 245i. Like in the case of the first question by Vivi, her father was petitioned by his USC brother. She just posted on the forum that her name was not actually on the petition. Would that be a problem? (I assume yes). So, if someone could have been eligible as a beneficiary but was not listed, they are not eligible, correct?
Laurel: All children are the beneficiary are supposed to be listed on the I-130. If she wasn't listed, you may have a problem.
donna: If I understand correctly, a conviction for theft for which a sentence of a year or more is served is considered an aggravated felony (according to immigration law)? While there is no ground of inadmissibility for an agg. fel. it would fall under inadmissible for CIMT, correct? My husband from Mexico was convicted of theft in the year 2000 (in Mexico) and served more than one year. I have researched online and read that it is "possible" to get approved with a CIMT that is also an agg. felony but it doesn't seem very likely. Your opinion please?
Laurel: The restrictions on elgibility to apply for a waiver abroad for aggravated felonies really only applies to people who committed the aggravated felonies after becoming a permanent resident. In some circuits, the law was voided because its actually harsher on LPRs than on EWIs and the judges said that was stupid. But in most circuits the law is valid. According to a recent appeal I won, when the federal circuits disagree in regard to something related to a crime committed in the US, the consulate must use the law of the cirucit where the alien was convicted.
Laurel: Your husband's conviction was in Mexico. And I'm kind of assuming he was never an LPR. So I think you're not going to have a problem with inelgibility to file the waiver.
Laurel: Note that per Matter of Jean,for more severe violent crimes, such as rape, murder, manslaughter, etc., while you're still eligible to apply for the waiver, the standard is not "Extreme Hardship", its "Exceptional and Extremely Unusual Hardship" and even then the adjudicator still has to consider public safety.
roxy21: on my letter i do not have much health hardship, just little things like high cholesterol and risk of diabetes. i am taking stress pills, but my doctor does not want to give me a letter. what else can i talk about or use as proof.
Laurel: High cholesterol and risk of diabetes is pretty commonplace and its hard to show how the medical problem gets worse if the waiver is denied or is alleviated by the alien's presence. That's not to say I would never use those arguments. Its just that you have to work hard to make that argument work. What else you can use depends on the facts of your case.
sg: i just remebered that my husband got a ticket from the wild life park (gov.) for public display/consumption at a camp ground. ok i talked to the officer and i have wittness and when you pull up his record with the wild life park it shows his name b-day and just alchol beverage.. and the wild life park is with the Home land security. so i know its going to come up. the whole story can be summed up but and it doesnt look as bad as its sounds. (hopefully) but the problem is My husband has a dui 2000 and a second arrest but dismissed dui 2001 and this incend with the wlp was oct 06. how bad does that look now. pretty bad or ....... ( i am going to explain everthing in detail in my letters. but know iam afraid he would be considere an acholic in the medical and then what
Laurel: The only thing that's troubling is the recency of this latest violation. My concern is for medical grounds of inadmissibility because as you know the doctors are a bit cookoo about the drug and alcohol abuse down in CDJ. If you can get past the medical, these incidents won't necessarily result in a referral if you can get multiple, convincing attestations that your husband learned his lesson about drinking and driving back in '01, does not drink and drive now, does not have an alcohol problem, and that this latest incident has more to do with ignorance of the law than a problem with alcohol.
lucas: ABOUT MY CUESTION IS BECAUSE WHEN YOU APPLY FOR A TURIST VISA IN YOUR OWN COUNTRY, THE AMERICAN CONSUL ASK IF YOU HAVE ANY IMMIGRANT PROCESS AT THE TIME, I DONT HAVE ANY ONE RIGHT NOW, SO, I WANNA GO TO USA JUST TO SEE MY RELATIVES,
Laurel: WHEN YOU WRITE IN ALL CAPS, ITS LIKE YOU'RE SHOUTING.
desesperado: No No . My waiver enter DHS on 11//21/06 11/13/07 Got denied
Laurel: Oh, oh, oh. You need a new appointment then. Yes, I've been hired post DENIAL for CDJ cases as well.
Susan12: Is it necessary to explain misdemeanor traffic tickets in the HSL.(i.e. speeding, driving without a license) Or is it too trivial and unnecessary?
Laurel: Too trivial. CIS told one of my clients point blank at the Infopass that they didn't care about his driving w/o a license offense.
Lynette: About your answer to Alicia's question about having no status-Farmer's Branch TX (Dallas area) is doing exactly that. They have had 2 city hearings about it. Illegals cannot rent now in Farmers Branch. So, you're saying it's unconstitutional? Hmm...interesting...
Laurel: Talk to me about this later Lynette. Immigration law - and some peripheral (sp?) laws - are always changing so its hard to keep up on all the new developments. If that's a Texas-wide law, it might be time for me to go get arrested on purpose. But I'm not going to go up to Farmer's Branch to do it.
Laurel: Ok, guys. Its noon. And I have plenty 'o work waiting for me. I'll see you all next week. Bye!
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.
vivi: Good morning everyone, well here is my case: my parents brought me here illegaly when I was 11 years old. I'm now 20 and I want to marry my boyfriend. Well the thing is that he is in the marines and he is being deployed in September 2008 so the appointment in Juarez would come after that date. We talked to a lawyer and she said that we could not do the fiancee visa becase I was here illegaly and I know that visa would be faster. And she also said that since my dad was approved for the 245i because my uncle filed for him that I was automatically approved because I was underage and I would not have to leave the country to adjust my status . Is this true?
Laurel: If you qualify for relief under 245i - and it sounds like you might - that's your best option. If you didn't qualify for 245i relief, you could either do finace(e) visa (yes, you are a qualifying relative for the waiver) or get married and get the pre-waiver process expedited due to your husband's imminent deployment. However, you might not even need anything expedited as the consulate expects to have its appointment backlog resolved before the summer.
laurafern11: From Lgatica -- I have a friend who met her husband in 1999 when she was minor and he was an adult. Her dad found out about it and had the then boyfriend arressted. He was charged with 2 class C felonies for enticing a minor and something else. Long story short is that the father eventually dropped the charges after the then boyfriend spent a couple months in jail. The couple have been married now for a few years and have a child. The father acknowledges that he made a mistake in having him arressted. Will the arrest/no conviction make them ineligible for a waiver? If not, then will having the record expunged work in their favor? Also, the husband was petitioned by his employer prior to 2001 so he qualifies for 245i. She has consulted with several lawyers and all have told her that it is better for her to wait for the laws to hopefully change.
Laurel: If he's 245i eligible and has no convictions, he should be able to adjust under 245i. If he never confessed/admitted to the charges, he's not inadmissible on criminal grounds. Arrests without convictions or confessions can become very significant when an alien needs a waiver on a different ground of inadmissibility. But his unlawful presence does not make him inadmissible until he departs, which he wouldn't have to do if he adjusts under 245i. As long as there are no other grounds of inadmissibility, 245i may be an excellent option for him.
sophia: Hi ! good morning. How long is taking the 1 130 to be process? my husband applied for me. I suppose to go to Ciudad Juarez to get the visa, My husband is USC and this october '07 filed the 1 130 . I wonder how long I have to wait to be in USA. Is Juarez taking too many months to schedule appointments?
Laurel: I would file the I-129F to speed things up, but if you choose not to do that, you will probably have an interview before the end of the summer as the consulate is clearing out their interview backlog.
mach12: Our 129f was approved and recvd by NVC. Our130 was approved and completed by NVC. My husband never EWI, came on tourist visa overstayed more than 365, went to Canada, tried to cross back, was stopped, asked for docs, he lied and said they were back in Canada cause he was scared(never clamined to be USC). Officers told him better to be honest,so he said he lived in nyc(true). He was sent back to Canada and deported. (exp. Removal from US) what are our chances of being put in the backlog from the infopass interview? Thank you.
Laurel: He's Mexican, not Canadian, right? Nothing you're describing will 'automatically' get him put in the backlog, but you do need to address the circumstances of the deportation at the very start of the waiver and present a clearly approvable case.
Alica: My brother in law had a lady, long story, but basically she sold him a van later took it back and says there is nothing he can do about it, to the tune of $1100.00. The cops say if my brother in law wants to press charges they have to contact INS and maybe he and his family would be deported. Can this really happen. We are in Minnesota.
Laurel: Illegal aliens are very vulnerable to many types of crime, such as this one. The local government won't necessarily "have to" contact ICE (INS has been defunct for years), but the defendants might and the government officials might.
One option in your case is for the alien to sell his rights to the van to a third party (who knows about the possession issue) and the third party can sue in civil court to have the property returned. Its a bit complicated, so I recommend hiring a local attorney.
laurafern11: Sort of a follow-up to that: There are a lot of people lately who are children of a sibling of a USC that was petitioned in time to qualify for 245i. The issue of whether marrying voids that 245i eligibility came up today. So let's say Maria's USC uncle petitioned for his brother (Maria's father) in 2000. Maria was listed on the petition as a beneficiary. What are the limitations of this? Is she no longer eligible after she turns 21? If she married at age 20 can she adjust in the U.S. through her marriage to a USC? Anything else we should know about these sort of petitions?
Laurel: If you are elgible for 245i based on a previously filed I-130, and then you change your family based category, does that void your eligibility? Great question. No it does not. The I-130 had to have been approvable on its face at the time it was filed in order for you to use that prior I-130 to grandfather in under 245i. But if you've changed category, you can submit a new I-130 filed by the new petitioner and still use 245i. Same thing with an I-140 or Labor Cert. As long as it was "approvable" at the time it was filed, you use it to grandfather in even if you have a new petitioner.
laurafern11: Let's say an LPR who doesn't speak much English is filing a waiver for his formerly undocumented spouse through CDJ. Is it appropriate/advised that the HSL be written in Spanish? Do the DHS officials all speak/read Spanish? Or should they have the entire packet translated into English? The person asking on the forum was concerned that if it was translated it might seem strange since the petitioner doesn't speak very much English despite being an LPR. Of course... we know that CDJ is never even going to see the petitioner, so it probably doesn't matter. But will they even adjudicate a waiver completely in Spanish?
Laurel: Things handed in at the consulate can be in the local language of that country, but things handed in to CIS must either be in English or accompanied by an English translation. Waivers are handed over to CIS. If the qualifying relative does not speak English, you will have a challenge proving that its an extreme hardship for the qualifying relative to return to Mexico. That's not to say it isn't possible. Its simply much more challenging.
lindita82: Hello laurel I would like your opinion pls!! 1)My husband was placed in the backlog in Oct.2007 in CDJ I think because he has 2= duis and 1-driving with suspended license which were all 9yrs ago.. and were paid for later on with probation/AA classes/commnity service. 30 days in jail for the suspended license. Do you think he has a good chance in getting approved?? 2) Also 30 days after he was placed in the backlog I sent another letter stating once again that our home went in to forclosure,and myself and our kids depend 100% on his income.and we had no other option but to come live with him in Mexico and that my kids are suffering here!! Do you think this will be negative towards my argument as to why I need him in the USA???thank you
Laurel: It all depends on how you present the information and what the other facts of the case are. You're not automatically sunk because you joined your spouse abroad.
yurimar: hello laurel do you have misrep cases that you've won,would u take mine like i said last week 4 instances of misrep no big hardships everyone healthy
Laurel: I've won several misrep cases, but the more misreps you have, the harder it is to win. Lima in particular is very tough on people with multiple misreps.
Ana: Hi Laurel, did u get everything u need from my sister/ Brazil? Do u think it would be possible to waiver/help my sisterīs cancelled visa if the other attorney admit she hadnīt applied my sisterīs extension? Iam pretty sure it happened / that is the reason she is avoiding us and not answering questions....Iam considering to report to state bar
Laurel: I'll reply by email later today.
Sandra162: Would a person who was charged with solicitation of prostitution and plead nolo contrende, adjucdiation withheld be barred from filing 601 waiver? With valid extreme hardships this person would still qualify for approval through the pilot program, correct?
Laurel: It counts as a conviction. There are special rules for prostitution. I'd have to review. But I believe the special rules have a special time limit of a few years since the offense. How long ago did the events in question take place?
sg: hello, i have a question about medical. If you dont pass medical do you go to your visa appointments still or is it when you finish medical and if there is any problem than the consualte officer will inform you. ie. refereed to the pyhscian panel cuz of two or more hits on record for alchol related issues. thanks
Laurel: You find out at the consular interview if you are found medically ineligible to apply for a waiver.
cm21om25: Laurel, Did you receive my email I sent you subject: Re: Mar***** case? I know I just sent it recently but I just wanted to make sure because I am getting close to the 30 days from the consultation. Thank you.
Laurel: I got it.
desesperado: Good morning Laurel, I was part of the backlog and my wife's waiver was denied on 11/23/07 for not showing enough warship, I am working on getting a second appointment. My case was so simple but the lawyer I hire focus only on the beneficiary my wife not my hardships. You probably remember the HSL he wrote. We do not have any criminal background and I am a 20% disability from the military. Which lawyer never mention on letter. I hire a Lawer for the reason I did not have a clue how to get my wife's greencard. I wish you were able to take my case my son and I want my wife back.. Have you taken any cases arter a denail? If so can you take my case?
Laurel: Your case wasn't denied, it was referred. Yes, I've taken a couple of post-referral cases since the Pilot Program started earlier this year. I just need you to understand that I won't be able to expedite the case. I cannot undue the fact that its now going to take a year, rather than a day.
sg: so you recomended to present any issue with the law at the beganing of the Personal Hl or in the packet of evedience. iam confused on were to address the issues. we are planing to write a serparte letter from my husband and attatch evedience to that letter.
Laurel: Any criminal history should be addressed immediately at the beginning of the waiver packet. They will look at that before they review the hardships. If you try to address it last, they will literally physically rearrange your packet so it comes first.
Alica: About the illegal alien and the van... the bank says that the paper that the illegal alien signed is null and void because he has no status here in the US
Laurel: WRONG. WRONG. WRONG. Foreign nationals are permitted to own property and enter into contracts regardless of immigration status. Immigration law makes certain things, such as employment, illegal for certain foreign nationals, meaning a contract for employment would be an illegal, and therefore, unenforceable contract, but there is NOTHING in immigration law restricting the rights of aliens to purchase and own property. Just recently, in the State of Pennsylvania, there were some laws attempting to interfere in alien's right to do things such as rent an apartment. The laws were struck down as unconstitutional. In the decision, the judges states that illegal aliens are not devoid of each and every right imaginable.
roxy21: How many days apart from our appointment should we wait to achedule our infopass apointment.
Laurel: You should schedule it no more than two weeks in advance, to take place no less than two days after the consular interview.
losG: In november 1997, when I was 16, my parents decided to send me to the US. Although I held valid border crosser documents, they made me use my cousin's birth certificate since he is a US citicizen and they felt this would get me across the border more easily. Naturally, my misrepresentation was caught by border officials, I was fingerprinted, and released back to Mexico. The following week, my father took me over the border with my brother's passport and border crosser documbets, and I stayed in the US after that. I married US citizen in May 2007 in Chicago. We are wondering if there is still a chance for me to file a waiver, or if misrepresenting as a citizen at age 16 makes me ineligible for life? thank you
Laurel: I've asked CIS for a formal statement regarding whether a minor is responsible for misrepresentation committed by another. I'm still awaiting a formal statement. For the moment, minors - regardless of how long they were at the time, sometimes we're talking about babies - are held responsible for misrepresentation committed on their behalf by another. Even if I get the statement I want from CIS, I'm not sure it would cover your situation: you were a minor, but you were the one who held the paper and submitted it. At least for now, you're stuck.
Laurel: Further comment - many attorneys have postulated that misrepresentation requires "intent" and that children under a certain age cannot form that intent. As strong as this argument is, we're still losing on this argument at the consulate. Remember, consular decisions are non-appealable, so even if you think the consular officer is wrong, generally speaking, you lose.
lucas: Hello! This is my cuestion .My wavier was denied and I didn't applied for the appeal . I would like to know if I can apply for a turist visa to go to USA,
Laurel: If you're inadmissible, you can't get a nonimmigrant visa either. There's a nonimmigrant waiver, but you're unlikely to get it if you have immigrant intent.
roxy21: after your case is put in backlogg where can we get information on our case. The only thing that CDJ told us is that it is in Atlanta.
Laurel: If you filed in Mexico, you're waiver is not in Atlanta.
Lynette: I'm sorry I came in late on the chat late. If this has already been asked, plz ignore me. I've seen a few people on the I2us forum asking about why they're getting backlogged only for FBI checks. And they do not have the option checkmarked to send additional evidence. Is it possible to get backlogged because you went to your infopass the VERY NEXT DAY after your consular interview and didn't have enough time for the background checks to come back?
Laurel: Absolutely. That's why you have to leave at least two days. Also, if you provide insufficient evidence of your criminal history, including arrests, they will have to do their own research, meaning FBI check.
bloom: For the hardship waiver do you NEVER recommend that financial be your strongest arguement. I feel that it is my strongest arguement. If husband is not approved, I would have to sell our home and take a loss. Also I have $250 monthly student loans that I would still have to pay. I have no health issues.
Laurel: I just won a case where my strongest argument was financial hardship to USC if she were deprived of her husband's income. It all depends on the facts of the case. If you're using a 'deprivation of spouse's income' as an argument, your own salary had better be pretty low and you will need to show that you wouldn't be able to purchase BASIC necessitites. If "credit card debt" is on your monthly budget, the argument probably won't work.
mach12:
Yes, he’s Mexican. Address the deportation as in, why he overstayed-to help his family, knows he did something wrong, very sorry, told the officer his docs were in Canada cause he was scared and just wanted to get back home to his fiancé. (He went to Canada to visit friends and thought he would be fine crossing back, don’t ask why)Cooperated completely with officers and left willingly when told to do so and has never tried to ewi since???
Laurel: Don't start talking about WHY you violated the law unless its something truly extraordinary.
flower22: How hard it for an in country waiver(for using non U.S.fraudlent passport) to be approved at the first shot by the adjudicator at the AOS interview? Would some general medical problems(not severe or life threatening) and level 3 and level 4 arguments help in the approval of the waiver.
Laurel: It really depends on the facts of the case and the immigration officer assigned to you. I've had a few like this approved, but the cases were strong.
laurafern11: Laurel - another follow-up on 245i. Like in the case of the first question by Vivi, her father was petitioned by his USC brother. She just posted on the forum that her name was not actually on the petition. Would that be a problem? (I assume yes). So, if someone could have been eligible as a beneficiary but was not listed, they are not eligible, correct?
Laurel: All children are the beneficiary are supposed to be listed on the I-130. If she wasn't listed, you may have a problem.
donna: If I understand correctly, a conviction for theft for which a sentence of a year or more is served is considered an aggravated felony (according to immigration law)? While there is no ground of inadmissibility for an agg. fel. it would fall under inadmissible for CIMT, correct? My husband from Mexico was convicted of theft in the year 2000 (in Mexico) and served more than one year. I have researched online and read that it is "possible" to get approved with a CIMT that is also an agg. felony but it doesn't seem very likely. Your opinion please?
Laurel: The restrictions on elgibility to apply for a waiver abroad for aggravated felonies really only applies to people who committed the aggravated felonies after becoming a permanent resident. In some circuits, the law was voided because its actually harsher on LPRs than on EWIs and the judges said that was stupid. But in most circuits the law is valid. According to a recent appeal I won, when the federal circuits disagree in regard to something related to a crime committed in the US, the consulate must use the law of the cirucit where the alien was convicted.
Laurel: Your husband's conviction was in Mexico. And I'm kind of assuming he was never an LPR. So I think you're not going to have a problem with inelgibility to file the waiver.
Laurel: Note that per Matter of Jean,for more severe violent crimes, such as rape, murder, manslaughter, etc., while you're still eligible to apply for the waiver, the standard is not "Extreme Hardship", its "Exceptional and Extremely Unusual Hardship" and even then the adjudicator still has to consider public safety.
roxy21: on my letter i do not have much health hardship, just little things like high cholesterol and risk of diabetes. i am taking stress pills, but my doctor does not want to give me a letter. what else can i talk about or use as proof.
Laurel: High cholesterol and risk of diabetes is pretty commonplace and its hard to show how the medical problem gets worse if the waiver is denied or is alleviated by the alien's presence. That's not to say I would never use those arguments. Its just that you have to work hard to make that argument work. What else you can use depends on the facts of your case.
sg: i just remebered that my husband got a ticket from the wild life park (gov.) for public display/consumption at a camp ground. ok i talked to the officer and i have wittness and when you pull up his record with the wild life park it shows his name b-day and just alchol beverage.. and the wild life park is with the Home land security. so i know its going to come up. the whole story can be summed up but and it doesnt look as bad as its sounds. (hopefully) but the problem is My husband has a dui 2000 and a second arrest but dismissed dui 2001 and this incend with the wlp was oct 06. how bad does that look now. pretty bad or ....... ( i am going to explain everthing in detail in my letters. but know iam afraid he would be considere an acholic in the medical and then what
Laurel: The only thing that's troubling is the recency of this latest violation. My concern is for medical grounds of inadmissibility because as you know the doctors are a bit cookoo about the drug and alcohol abuse down in CDJ. If you can get past the medical, these incidents won't necessarily result in a referral if you can get multiple, convincing attestations that your husband learned his lesson about drinking and driving back in '01, does not drink and drive now, does not have an alcohol problem, and that this latest incident has more to do with ignorance of the law than a problem with alcohol.
lucas: ABOUT MY CUESTION IS BECAUSE WHEN YOU APPLY FOR A TURIST VISA IN YOUR OWN COUNTRY, THE AMERICAN CONSUL ASK IF YOU HAVE ANY IMMIGRANT PROCESS AT THE TIME, I DONT HAVE ANY ONE RIGHT NOW, SO, I WANNA GO TO USA JUST TO SEE MY RELATIVES,
Laurel: WHEN YOU WRITE IN ALL CAPS, ITS LIKE YOU'RE SHOUTING.
desesperado: No No . My waiver enter DHS on 11//21/06 11/13/07 Got denied
Laurel: Oh, oh, oh. You need a new appointment then. Yes, I've been hired post DENIAL for CDJ cases as well.
Susan12: Is it necessary to explain misdemeanor traffic tickets in the HSL.(i.e. speeding, driving without a license) Or is it too trivial and unnecessary?
Laurel: Too trivial. CIS told one of my clients point blank at the Infopass that they didn't care about his driving w/o a license offense.
Lynette: About your answer to Alicia's question about having no status-Farmer's Branch TX (Dallas area) is doing exactly that. They have had 2 city hearings about it. Illegals cannot rent now in Farmers Branch. So, you're saying it's unconstitutional? Hmm...interesting...
Laurel: Talk to me about this later Lynette. Immigration law - and some peripheral (sp?) laws - are always changing so its hard to keep up on all the new developments. If that's a Texas-wide law, it might be time for me to go get arrested on purpose. But I'm not going to go up to Farmer's Branch to do it.
Laurel: Ok, guys. Its noon. And I have plenty 'o work waiting for me. I'll see you all next week. Bye!