Laura
12-12-2007, 03:26 PM
Laurel: Ok, its 11:00. I've turned on the Moderation function. If you asked me a question before I turned on Moderation, you'll probably have to re-post.
Laurel: Hello everyone. 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.
gracey025: Hi Laurel. Is mental illness like bipolar disorder, OCD, body dysmorphism, schizotypal personality disorder, hypochondriasis if all present in one individual can be considered as Level 1 hardship? My hubby has a long psychiatric history (11 years) but was only diagnosed with bipolar disorder and OCD before (with anxiety and depression). The other conditions were only observed by the psychotherapist he consulted to get a report for our I-601 waiver. He was on medication before but not anymore because he got tired of taking them. He doesn't have any extreme hardships except for those I mentioned and Irritable Bowel Syndrome (IBS) and the usual loss of job, credit card debts, his safety here in my country, economy, emotional hardships among others. I'm just scared because we are going through Manila embassy. Do you think we have a big chance to be approved? All of my husband's medical reports were submitted, the psych's report, reports/researches about the conditions of hospitals, mental institutions here, reports about IBS and his "acting up" behavior (going to work drunk because of depression), etc. Our waiver packet was about 3 inches thick with affidavits from family members, friends and co-workers. Thanks!
Laurel: All of that can be an extreme hardship, but rememeber - and I say this for everyone - it is not enough to show that you have a certain medical or psychiatric condition. You must show what that has to do with the waiver. How is the condition worse when the USC is away from the alien or when the USC goes to the alien's country? How is the condition less bad when the two are together in the US? You must answer those questions for the adjudicator. When you prove that a serious medical condition exists, you are only HALFWAY THERE!
CCP: My husband said he read that the NVC gets so many request for Visas each month that they have to divide them up betwwen all the countries, so Mexico usually takes twice as long to get anything. He said when filing for Visa, EAD and AOS if you are mexican it takes twice as long as any other country. Do you know that this is true?
Laurel: Sort of. It doesn't really have anything to do with NVC. Congress makes a certain number of visas available each year. This is the "immigrant visa cap". Within the total cap, each family-based category has its own cap and each country has its own cap, related to the total population of that country. When the cap is reached for a given year, everyone who didn't get one that year has to wait in line for the next year. So, there's a line for the immigrant visas. The line for Mexicans is very long. But the line for Filipinos is (I think) the longest.
ana_maria_tavares: Dear Laurel, first of all I would like to thank u very much 4 helping & recommend Mrs. Schwartz. I just have one more doubt: do u think that even with a fiancee visa I can have trouble while entering in US at the Immigration since I was arrested and have my fingerprints, I don't know if I have some charges against me or if this is a normal procedure when they need to deport someone. How can I verify?
Laurel: Its not strange that they would take your fingerprints even if they allowed you to withdraw your application for admission. Will you have trouble applying for a fiancee visa after being refused? Well, you might have to give a little more evidence that the relationship is real, but I've had lots of clients who applied for a fiance visa after they were actually deported and I've never really had much trouble in that regard, so I don't expect it to be a problem for you.
laurafern11: For GD - My husband recently found out that he might have a 14-year-old daughter in Mexico from a previous relationship. I have met her and we are interested in petitioning for her now that my husband is a PR - I would be petitioning her as my USC stepmother. Her birth certificate does not list my husband (and therefore can't be used as proof of relationship) -- should we do the DNA test first and include the results with the I-130, or sent it with a note and wait for them to request it? My fear is that if we do it first we will end up being requested to do it again for "official results" through the clinic in CDJ.
Laurel: You're going to have to explain why this daughter wasn't previously listed on any forms. The fact that he didn't even know about her until now pretty much makes the DNA test imperative. Yes, I would do that first and include the results with the I-130. Also, see if you can get his name on the birth certificate.
laurafern11: From Kelly - My friend went to her medical appointment and she admitted that she had or has depression and has meds. So they sent her to the psychologist. When she went to her infopass they didn't have time to review her info and she had to come back the next day. They however told her that they got the paperwork back from the psychologist and that she would have to have two waivers -- one for entering illegally/unlawful presence and the second for the psychological problem. When she asked what that was, they said that is all they had for info... (or all they could give her?) Anyway, she went back the second day and they said she was approved for the first waiver for entering illegally and then she was told that her file was being sent to Atlanta, because that is the office that can approve the wavier for the psychological problem and that it was taking between 9 months and a year to process them. (?????) She said that her USC husband talked to the lawyer and they got a congressman involved. They found out that immigration had put that she was "agressive and that she was a danger to society." All she said at her interview with the psychologist is that she crys sometimes and feels sad. She said they asked her what she does when she is angry and she says she keeps it inside and just doesn't talk about it. So I don't know where they got the idea of agression. Agression and depression are two different things.
Laurel: We all know that the medical and psychology exams in CDJ are - shall we say - imperfect. And one of the common complaints is that aliens are contesting what the psychologist claims the alien said during the exam. So, this is not a new issue you're bringing forth. The consulate can't do anything about this problem. You have to make your complaint to CDC.
laurafern11: add on to the last part... So, Laurel - have you ever heard of this? A week or two ago someone commented in the chat that their waiver had been sent to Atlanta, which seemed crazy... but is it possible that they could use any psychological issue as an ineligibility and then send the waiver to the CDC (that is the only thing I can think of since it's Atlanta!). Thoughts?
Laurel: Medical waivers are usually approved after consultation with CDC.
laurafern11:
From Mach: 1-My husband entered the US legally 3 times on a tourist visa, overstaying more than 365 each time. During the last visit, he went to Canada and on the way back was stopped at the border. He was asked for his papers, being terrifed, he lied and said they were in Canada then told the truth(misrep) and was ordered exp removal from US for trying to ewi. He was told he was banned for 5 yrs and was sent back to Canada to be deported back to Mexico. Will the 3 multiple (legal) entries make me ineligible for a 601? We are filing a 601 and a 212.
Laurel: As long as he can prove he entered with inspection each time, INA 212a9C does not apply. But it will be his burden to prove that. He has mutliple violations of immigration law. This will make it tough to get a waiver approved, even through the lenient CDJ office.
laurafern11: From Felix: My husband was referred at his infopass appointment last month. The only box that was checked was for "additional databases and DHS and or FBI records need to be reveiwed". I am guessing this is because of a single DUI from 2001, although we sent the court records and proof of completion of his sentencing (alcohol awareness program, community service, probation, fines, etc). He has no other criminal record. My questions is...since the box for innsuficient evidence was NOT checked...does this mean that they already reveiwed the hardship letter and found that there IS sufficient evidence? Would there be any reason to send more information?
Laurel: Its hard to say, but I'm hesitant to tell you your waiver packet doesn't need to be bolstered if I haven't seen it. But I wouldn't assume its approved until its approved.
Mendoza: Hi Laurel! I have a friend whose husband arrived in the US on a K-3 visa. They were married abroad (in Mexico) and have been told by several people that they need to re-marry in the US within 90 days of entering (like a K-1 does, except they entered on a K-3). Is this true??? Thanks!
Laurel: No
Gabi: When will you be available to take new cases? Do you do you a consultation and decide if you will take our case since you guarantee cases out of Juarez?
Laurel: I'm still taking new cases for the moment, but by Friday that may change. Since I started taking new cases again last Monday, I've been getting an average of one new waiver case per business day. I'll have to cut it off pretty soon.
jessfs: Do you have any experiences filling the 601 for a nicaraguan citizen or maybe heard of something as of the way the process goes thru Tegi in Honduras and timelines on it.
Laurel: I haven't done any Nicaraguans yet, but there's always a first time. Oscar Lujan (District Director for "overseas" CIS offices in the Western Hemisphere) is making strides towards his goal of having all Latin American waiver cases decided in six months or less.
eliZabeth: My Husband was dined a visa for 10 years for two many EWI's. He was dined a waiver to. Can any yhing be done to get him here.
Laurel: If he's inadmissible due to INA 212a9C, nothing can be done.
CCP: My husband got his Driver's License using his ITIN #. When he gets his SS # will it be a problem changing it at DMV since he did use a government issued number in his name.
Laurel: As long as there was no fraud, I don't think it will be a problem, but you might want to consult with a criminal attorney licensed in your state.
angela256z: Hi Laurel, I am working on a K3 for my husband and if processing times for the I-130/I-129F continue to flow I expect an approval in about 1 - 2 months. With that in mind...I am not having some issues where we may not be able to go to CDJ anytime before May or June. Should I not send in the forms that come to me to delay the process or should I send in whatever they request from me and when an interview is scheduled we just re-schedule it? Which is the better option. Of course this is all assuming processing times stay where they are.
Laurel: Continue with the process up until the point when an interview is actually scheduled. If you can't make the scheduled interview, just request a new interview date at that point.
Cal: HI Laurel, my wife entered the U.S. with on a J-1 visa with D/S status. Hired an attorney to help here change her status to tourist visa. She followed up many times with the attorney but no decision. She thought her case hit a dead end so she stoppped. Four years later, she left the U.S. Given these facts, is she subject to a 10 year bar? If so, why? I heard J-1 visa WITH D/S STATUS is NOT subject to any bar. Thanks.
Laurel: I don't think a J visa holder can change status within the US. You would always have to leave an come back. So, the pending application to change nonimmigrant status is moot EXCEPT if it was denied and the denial notice informed her she was out of status. If there was such a denial notice the her "D/S" was sort-of nullified and she began accumulating unlawful presence toward the bar as of the date on the notice. She needs to find out whether there was such a notice.
Laurel: Someone is asking about prostitution. I didn't get a chance to look up the special rules.
Gabi: My husband has been here for over 10 years and we've been married for 3. What are the possibilities of going before an immigration judge and him approving our case here in the US?
Laurel: You have to prove exceptional and extremely unusual hardship to get Cancellation of Removal.
Andrea: Hi Laurel - I had a phone consultation with you back in June and you determined that my hardships were pretty weak and you weren't inclined to take our case at that time. Some of our circumstances have recently changed and I would like to speak with you again. Was just wondering if I need to pay a new consult fee. Thanks!
Laurel: Is this the former K1 from Eastern Europe?
coldfrosty1: Hi laurel, my wife's I-601 was denied she was given a letter saying "lack of extreme hardship" I've sent two hardship letters before the 30 days were up. Should I send more even though the said 30 days are up? Will they even look at them and put in our file? What can can I be doing meanwhile?
Laurel: I'd have to review the case.
Gabi: Any idea when the 245I will be reintroduced?
Laurel: Probably about the same time I finally get married. :D
roberto: my wifes waiver will be served out in 40 days and still no respond from lima ,what should i do if we get to january 24 and still no answer from lima??,what does the law say???,will she received the visa automatically from the embassy????
Laurel: Oh, you mean her 3-year bar will be up in 40 days? I would contact the consulate now and tell them you want to come pick up the visa in 40 days.
Andrea: No, my husband is from Honduras. No real medical hardships but I just found out I'm pregnant. (YAY!)
Laurel: Oh, ok. Go ahead and send me an email letting me know we've consulted before. We'll take it from there.
laurafern11: LOL - 245i....
susan12: My fiance has the incorrect name on his DL. When he got it they added the last name of his maternal grandmother for some reason and misspelled his second last name. He didnt change it because they asked him to show his social security card, which he doesnt have. Will this cause a problem when we go to CDJ? If so, how can we prepare for any potential problems..????
Laurel: I wouldn't worry about that one. Just get it changed after you come back legally.
susan12: Is it a good idea for the EWI to write an "apology" letter to include with the waiver packet? If so, how long should it be and what should be the focus?
Laurel: Abolutely not. An apology is not necessary and it only brings the focus on the violation. You want the adjudicator to stay focused on the hardship. The only time I get into talking about the violation that makes the alien inadmissible is either when there's a criminal history and I need to talk about rehabilitation or when there is some sort of extenuating circumstance that reduces the alien's culpability for the violation, e.g. if its misrepresentation, but the alien was only 16 at the time of the misrep and it was really her mom that presented the fake green card at the border. (((INTERESTING!!!)))
dduran: Good morning Laurel, question if a person filed the 245i and since then got married to USC, what should be file to chg it to USC petition?
Laurel: Include a copy of the old I-130 receipt notice to show that you qualify under 245i and then file the new I-130 signed by spouse to show you're changing categories, etc.
eliZabeth: Hi laurel My husband was dined for the folling reasons 212a9ci and 212a48ii. A 10 year bar aginst him. Is there anything we can do.
Laurel: no. 212a9C is very harsh. The law needs to be changed.
Cal: I asked the person at my congressmen's office to look into my wife's change of status to tourist visa case with the immigration and they came back to me and said, her case was denied 9 months after she filed. She has a J-1 visa with D/S status and she overstayed for 4 yrs. Do you think her attempt to change her status to tourist visa back fired on her. Since her change of status to tourist visa got denied, did she start incurring unlawful presence stay from that point on? She never received any official letter stating that she was denied and there's no letter saying that she has to leave th country. Is she subject to the 10 yr bar?
Laurel: Yes, the application backfired. She started accumulating unlawful presence toward the bar from the date of the denial. If she never got the letter, she has the burden of PROVING that she never got it, and its extremely difficult to prove a negative. Yes, I think she will be subject to the 10-year bar.
sg: hello! suspended licenes question. my hubby got his li. suspended because of a crash suspension. a crash suspension is when you were in a car accident (no police involved) and then a judgment was isssued $ , in the judgment he got his lic. suspended. accedent (2000) . lice suspedn (02,03?) didnt know because the paperes were sent to his old address on his lic. were do car accidents fall under and if so does it matter why his lic was supended.
Laurel: Doesn't sound like a criminal offense or anything that would go to moral character. It just sounds like they're accusing him of being a lousy driver, which shouldn't affect the waiver. Just get all the records you can in case they want to look at them, but at the InfoPass appointment, they might even tell you they don't want to see them.
sg: hello again in your consulations. do you make a strong suggestion if you believe someone can use your services and vice versa
Laurel: I never tell a waiver applicant that they don't need a lawyer to do a waiver. A waiver case is necessarily a complicated, difficult case. I recognize that many people do it on their own and have success, but I simply cannot recommend it. But what I do tell people is whether they should be attempting this process at all or not. I do my best to be straight with people about what their chances are. I have told many people that its too risky for them or - if they alien is already abroad and there's no 'risk' - that's its not worth the money to try. So, if I tell you that you are a good candidate for the waiver, you can believe me.
gracey025: Thanks for your reply earlier. Do you know if Manila's getting a lot waivers to be adjucated in their office? According to the supplemental form they gave me it takes them 90 days to decide. How true is this?
Laurel: 90 days? Its possible that they've sped up that much, but I'm skeptical.
ana_maria_tavares: Thanks for everything Laurel, I'll contact Mrs. Schwartz! kisses and have a great afternoon!
Laurel: Ok! And call her Annie.
Laurel: Most "good" immigration lawyers are also nice people and we don't mind when our clients call us by our first names. A month or two ago I did an attorney consult with a woman who has just started doing immigration, crossing over from another area of law. She remarked that she couldn't believe how much comraderie and cooperation there was among the community of immigration lawyers and how willing we are to help each other. I sort of laughed and said that misery loves company and immigration law is miserable.
DD: hi Laura ..we just received our i601 denial letter for unsufficient hardships ..after a loong yr ..and we faxed cdj to try to get a 2nd app ..do u know more or less how long is the waiting to get a 2nd app....also we dont have any medica hardships as evidence but whe kind of hardships are consider "extreme"
Laurel: It will probably be three or four months before the new appointment. What arguments you should make will depend on the facts of the case.
pink: HELLO LAUREL, usc brother petition sisters, they are ewi, and over 21
Laurel: If its a 245i case you're fine, otherwise, they can't adjust status and the USC brother is not a qualifying relative for the waiver.
eliZabeth: My husband got the 10 year bar ,so in ten years is he garrentee a visa.
Laurel: After ten years he will be eligilbe to apply for a waiver.
jessfs: When an appointment is set uo for me husband I have plans to go with him to Niacargua, can I turn in the hardship letter and waiver the same day?
Laurel: The hardship letter is part of the waiver packet. You should be able to file the waiver packet at the consular interview in Nicaragua.
roberto: sorry, yes the 3 year ban will be served out in 40 days,can i do that???,call the embassy????because i sent and e-mail to them ......but they never answerd it
Laurel: Keep bugging them.
eliZabeth: Do you see the law changing before 10 years.
Laurel: Before 10 years? Yes. Before 5 years, I think so. Before 2 years, I doubt it. Before 1 year, no.
MAMACITA: My husband and I recently picked up his Visa after 12 mo's, 3 wks, from CDJ on Dec 3rd, Yipee!!!!. We have been married 2 yrs and 11 mo's. On the 31st of this month will mark our 3rd yr anniversary. They stamped his Visa with a CR1, and our Atty. said error, should be IR1, and he can correct with form I90 and send copy of green card, marriage lic, and Visa page as it was the clerk's fault @ CDJ. He said this happens sometimes because they get in a hurry,,,,just clarifying if this is correct?
Laurel: I think its just as easy to file the I-751 when the time comes, but its up to you.
jessfs: Mexico has the pilot program, do you know if any other countries will be added to that program as well?
Laurel: Hopefully, but no announcements yet.
RJ: Hello Laurel. I have a question for you. My husband has his first interview tomorrow in CDJ. He has an attorney that advised him not to disclose some of his juvenile EWIs. My husband was caught and released when he was 4 or 5 but does not remember and neither does the person who attempted to bring him in. This was in 1986 or 1987. The second time was in 1994 (age 12) and the third was in 1999 (age 17). In 1994 and 1999 he entered undetected and his attorney does NOT want him to mention these, but he does want him to mention the attempted entry in the 80s. What do you advise my husband say?
Laurel: I don't see any reason to lie. Currently CDJ has taken the position that unlawful presence accumulated before age 18 does not apply to INA 212a9C.
laurafern11: That's interesting. A lot of people think that apology letter is good. We didn't include one, it doesn't prove hardship. Good to know.
Laurel: And they're wrong. I even had one client who came to me after the denial and wanted me to do the appeal. I thought her unlawful presence was due to CIS error and I wanted to fully blame CIS for it on the appeal, but my argument was severely hampered by the fact that they had unnecessarily included an apology letter in the initial waiver packet. An apology is an admission of guilt, guys. On any LEGAL matter, never, never apologize for anything unless your lawyer tells you to.
Laurel: Once you apologize, its nearly impossible also argue or later argue that its not your fault.
Cal: Her change of status to tourist visa was denied which u said will nullified her D/S status. She never receive any official letter that she was denied nor did her lawyer's office. As a matter of fact, when I enter her case number for her change of status to tourist visa on the immigration website, he website says her case is still pending and required her to submit more documents. Is this website that's stating her case is still pending be considered an official document? Can she print this out and show it to the immigration that she thought her case was still pending so there no unlawful presence was accrued? Also, would the immigration officer know during the interview that she has a denied case that triggered unlawful presence?
Laurel: The online case status is a useful tool, but incorrect information on the online case status does not PROVE that a decision was never made. The consular officer will probably know that the case was denied and she's subject to the bar.
laurafern11: for Elizabeth - there are a group of people in your situation on immigrate2us.net... they have talked about forming a sort of club... you might want to register over there.
Y: 245-I you are sooo fanny!
Laurel: Yes, yes I'm very fanny.
marflores: Good morning Laurel. What about 2 Domestic Assualts? One was dismissed no victim found. Did not get arrested did not even know about that one until we checked criminal background. The other one got 1 yr probation. He was charge with gross misd.All happened in 1997.
Laurel: 2 domestic assults is bad. You will have to really, really prove rehabilitation.
Cal: Laurel, is it true that they rarely give out the 10 year bar? Even if a person overstayed for more than 1 year, they still give out only a 3 year bar.
Laurel: They give out 10 year bars all the time. I've had very few 3 year bar cases.
sg: in the 30 min. are we talking to you? also would i get to explain and talk about the situaiton at hand in 30 mins and then i talked to somebody else on payment arrangment. just trying to time it so i wont go over 30mins. budget wise thank you so much merry christmas
Laurel: Yes, you talk to me the whole time. If you need a few minutes more than 30, its no biggie, but when a consultation starts to run past 40 minutes, I start politely trying to get the person off the phone and when we start getting close to 50 I'm a bit more blunt about time running out.
DD: Do you think we can get a phone consultation with you, so u can help us with our HSL..like i said we dont have medical harships and we are blank on what kind of hrships we can use ...we wouldnt ant to be denied again ..so we need to put a good HSL together before we go to CDJ again...
Laurel: You can do a consultation, but please understand that I do not guide pro se clients on preparing their own waiver packets. I would advise you on (a) legal eligiblity for other types of relief other than the waiver, (b) eligibility to file the waiver, and (c) chances of success. I don't give the person the all-important list of supporting documents during the consultation. And you don't win your case with a "good letter". You win the case with the supporting documents. I can't say that enough.
eliZabeth: Is law changing for better or worse.
Laurel: Now hear this: THINGS WILL GET WORSE AND THEN THEY WILL GET MUCH WORSE AND THEN THEY WILL GET BETTER.
Laurel: Its after noon. There are lots of questions pending that I didn't get to. I have to take off. I'll see you all next week.
Laurel: Hello everyone. 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.
gracey025: Hi Laurel. Is mental illness like bipolar disorder, OCD, body dysmorphism, schizotypal personality disorder, hypochondriasis if all present in one individual can be considered as Level 1 hardship? My hubby has a long psychiatric history (11 years) but was only diagnosed with bipolar disorder and OCD before (with anxiety and depression). The other conditions were only observed by the psychotherapist he consulted to get a report for our I-601 waiver. He was on medication before but not anymore because he got tired of taking them. He doesn't have any extreme hardships except for those I mentioned and Irritable Bowel Syndrome (IBS) and the usual loss of job, credit card debts, his safety here in my country, economy, emotional hardships among others. I'm just scared because we are going through Manila embassy. Do you think we have a big chance to be approved? All of my husband's medical reports were submitted, the psych's report, reports/researches about the conditions of hospitals, mental institutions here, reports about IBS and his "acting up" behavior (going to work drunk because of depression), etc. Our waiver packet was about 3 inches thick with affidavits from family members, friends and co-workers. Thanks!
Laurel: All of that can be an extreme hardship, but rememeber - and I say this for everyone - it is not enough to show that you have a certain medical or psychiatric condition. You must show what that has to do with the waiver. How is the condition worse when the USC is away from the alien or when the USC goes to the alien's country? How is the condition less bad when the two are together in the US? You must answer those questions for the adjudicator. When you prove that a serious medical condition exists, you are only HALFWAY THERE!
CCP: My husband said he read that the NVC gets so many request for Visas each month that they have to divide them up betwwen all the countries, so Mexico usually takes twice as long to get anything. He said when filing for Visa, EAD and AOS if you are mexican it takes twice as long as any other country. Do you know that this is true?
Laurel: Sort of. It doesn't really have anything to do with NVC. Congress makes a certain number of visas available each year. This is the "immigrant visa cap". Within the total cap, each family-based category has its own cap and each country has its own cap, related to the total population of that country. When the cap is reached for a given year, everyone who didn't get one that year has to wait in line for the next year. So, there's a line for the immigrant visas. The line for Mexicans is very long. But the line for Filipinos is (I think) the longest.
ana_maria_tavares: Dear Laurel, first of all I would like to thank u very much 4 helping & recommend Mrs. Schwartz. I just have one more doubt: do u think that even with a fiancee visa I can have trouble while entering in US at the Immigration since I was arrested and have my fingerprints, I don't know if I have some charges against me or if this is a normal procedure when they need to deport someone. How can I verify?
Laurel: Its not strange that they would take your fingerprints even if they allowed you to withdraw your application for admission. Will you have trouble applying for a fiancee visa after being refused? Well, you might have to give a little more evidence that the relationship is real, but I've had lots of clients who applied for a fiance visa after they were actually deported and I've never really had much trouble in that regard, so I don't expect it to be a problem for you.
laurafern11: For GD - My husband recently found out that he might have a 14-year-old daughter in Mexico from a previous relationship. I have met her and we are interested in petitioning for her now that my husband is a PR - I would be petitioning her as my USC stepmother. Her birth certificate does not list my husband (and therefore can't be used as proof of relationship) -- should we do the DNA test first and include the results with the I-130, or sent it with a note and wait for them to request it? My fear is that if we do it first we will end up being requested to do it again for "official results" through the clinic in CDJ.
Laurel: You're going to have to explain why this daughter wasn't previously listed on any forms. The fact that he didn't even know about her until now pretty much makes the DNA test imperative. Yes, I would do that first and include the results with the I-130. Also, see if you can get his name on the birth certificate.
laurafern11: From Kelly - My friend went to her medical appointment and she admitted that she had or has depression and has meds. So they sent her to the psychologist. When she went to her infopass they didn't have time to review her info and she had to come back the next day. They however told her that they got the paperwork back from the psychologist and that she would have to have two waivers -- one for entering illegally/unlawful presence and the second for the psychological problem. When she asked what that was, they said that is all they had for info... (or all they could give her?) Anyway, she went back the second day and they said she was approved for the first waiver for entering illegally and then she was told that her file was being sent to Atlanta, because that is the office that can approve the wavier for the psychological problem and that it was taking between 9 months and a year to process them. (?????) She said that her USC husband talked to the lawyer and they got a congressman involved. They found out that immigration had put that she was "agressive and that she was a danger to society." All she said at her interview with the psychologist is that she crys sometimes and feels sad. She said they asked her what she does when she is angry and she says she keeps it inside and just doesn't talk about it. So I don't know where they got the idea of agression. Agression and depression are two different things.
Laurel: We all know that the medical and psychology exams in CDJ are - shall we say - imperfect. And one of the common complaints is that aliens are contesting what the psychologist claims the alien said during the exam. So, this is not a new issue you're bringing forth. The consulate can't do anything about this problem. You have to make your complaint to CDC.
laurafern11: add on to the last part... So, Laurel - have you ever heard of this? A week or two ago someone commented in the chat that their waiver had been sent to Atlanta, which seemed crazy... but is it possible that they could use any psychological issue as an ineligibility and then send the waiver to the CDC (that is the only thing I can think of since it's Atlanta!). Thoughts?
Laurel: Medical waivers are usually approved after consultation with CDC.
laurafern11:
From Mach: 1-My husband entered the US legally 3 times on a tourist visa, overstaying more than 365 each time. During the last visit, he went to Canada and on the way back was stopped at the border. He was asked for his papers, being terrifed, he lied and said they were in Canada then told the truth(misrep) and was ordered exp removal from US for trying to ewi. He was told he was banned for 5 yrs and was sent back to Canada to be deported back to Mexico. Will the 3 multiple (legal) entries make me ineligible for a 601? We are filing a 601 and a 212.
Laurel: As long as he can prove he entered with inspection each time, INA 212a9C does not apply. But it will be his burden to prove that. He has mutliple violations of immigration law. This will make it tough to get a waiver approved, even through the lenient CDJ office.
laurafern11: From Felix: My husband was referred at his infopass appointment last month. The only box that was checked was for "additional databases and DHS and or FBI records need to be reveiwed". I am guessing this is because of a single DUI from 2001, although we sent the court records and proof of completion of his sentencing (alcohol awareness program, community service, probation, fines, etc). He has no other criminal record. My questions is...since the box for innsuficient evidence was NOT checked...does this mean that they already reveiwed the hardship letter and found that there IS sufficient evidence? Would there be any reason to send more information?
Laurel: Its hard to say, but I'm hesitant to tell you your waiver packet doesn't need to be bolstered if I haven't seen it. But I wouldn't assume its approved until its approved.
Mendoza: Hi Laurel! I have a friend whose husband arrived in the US on a K-3 visa. They were married abroad (in Mexico) and have been told by several people that they need to re-marry in the US within 90 days of entering (like a K-1 does, except they entered on a K-3). Is this true??? Thanks!
Laurel: No
Gabi: When will you be available to take new cases? Do you do you a consultation and decide if you will take our case since you guarantee cases out of Juarez?
Laurel: I'm still taking new cases for the moment, but by Friday that may change. Since I started taking new cases again last Monday, I've been getting an average of one new waiver case per business day. I'll have to cut it off pretty soon.
jessfs: Do you have any experiences filling the 601 for a nicaraguan citizen or maybe heard of something as of the way the process goes thru Tegi in Honduras and timelines on it.
Laurel: I haven't done any Nicaraguans yet, but there's always a first time. Oscar Lujan (District Director for "overseas" CIS offices in the Western Hemisphere) is making strides towards his goal of having all Latin American waiver cases decided in six months or less.
eliZabeth: My Husband was dined a visa for 10 years for two many EWI's. He was dined a waiver to. Can any yhing be done to get him here.
Laurel: If he's inadmissible due to INA 212a9C, nothing can be done.
CCP: My husband got his Driver's License using his ITIN #. When he gets his SS # will it be a problem changing it at DMV since he did use a government issued number in his name.
Laurel: As long as there was no fraud, I don't think it will be a problem, but you might want to consult with a criminal attorney licensed in your state.
angela256z: Hi Laurel, I am working on a K3 for my husband and if processing times for the I-130/I-129F continue to flow I expect an approval in about 1 - 2 months. With that in mind...I am not having some issues where we may not be able to go to CDJ anytime before May or June. Should I not send in the forms that come to me to delay the process or should I send in whatever they request from me and when an interview is scheduled we just re-schedule it? Which is the better option. Of course this is all assuming processing times stay where they are.
Laurel: Continue with the process up until the point when an interview is actually scheduled. If you can't make the scheduled interview, just request a new interview date at that point.
Cal: HI Laurel, my wife entered the U.S. with on a J-1 visa with D/S status. Hired an attorney to help here change her status to tourist visa. She followed up many times with the attorney but no decision. She thought her case hit a dead end so she stoppped. Four years later, she left the U.S. Given these facts, is she subject to a 10 year bar? If so, why? I heard J-1 visa WITH D/S STATUS is NOT subject to any bar. Thanks.
Laurel: I don't think a J visa holder can change status within the US. You would always have to leave an come back. So, the pending application to change nonimmigrant status is moot EXCEPT if it was denied and the denial notice informed her she was out of status. If there was such a denial notice the her "D/S" was sort-of nullified and she began accumulating unlawful presence toward the bar as of the date on the notice. She needs to find out whether there was such a notice.
Laurel: Someone is asking about prostitution. I didn't get a chance to look up the special rules.
Gabi: My husband has been here for over 10 years and we've been married for 3. What are the possibilities of going before an immigration judge and him approving our case here in the US?
Laurel: You have to prove exceptional and extremely unusual hardship to get Cancellation of Removal.
Andrea: Hi Laurel - I had a phone consultation with you back in June and you determined that my hardships were pretty weak and you weren't inclined to take our case at that time. Some of our circumstances have recently changed and I would like to speak with you again. Was just wondering if I need to pay a new consult fee. Thanks!
Laurel: Is this the former K1 from Eastern Europe?
coldfrosty1: Hi laurel, my wife's I-601 was denied she was given a letter saying "lack of extreme hardship" I've sent two hardship letters before the 30 days were up. Should I send more even though the said 30 days are up? Will they even look at them and put in our file? What can can I be doing meanwhile?
Laurel: I'd have to review the case.
Gabi: Any idea when the 245I will be reintroduced?
Laurel: Probably about the same time I finally get married. :D
roberto: my wifes waiver will be served out in 40 days and still no respond from lima ,what should i do if we get to january 24 and still no answer from lima??,what does the law say???,will she received the visa automatically from the embassy????
Laurel: Oh, you mean her 3-year bar will be up in 40 days? I would contact the consulate now and tell them you want to come pick up the visa in 40 days.
Andrea: No, my husband is from Honduras. No real medical hardships but I just found out I'm pregnant. (YAY!)
Laurel: Oh, ok. Go ahead and send me an email letting me know we've consulted before. We'll take it from there.
laurafern11: LOL - 245i....
susan12: My fiance has the incorrect name on his DL. When he got it they added the last name of his maternal grandmother for some reason and misspelled his second last name. He didnt change it because they asked him to show his social security card, which he doesnt have. Will this cause a problem when we go to CDJ? If so, how can we prepare for any potential problems..????
Laurel: I wouldn't worry about that one. Just get it changed after you come back legally.
susan12: Is it a good idea for the EWI to write an "apology" letter to include with the waiver packet? If so, how long should it be and what should be the focus?
Laurel: Abolutely not. An apology is not necessary and it only brings the focus on the violation. You want the adjudicator to stay focused on the hardship. The only time I get into talking about the violation that makes the alien inadmissible is either when there's a criminal history and I need to talk about rehabilitation or when there is some sort of extenuating circumstance that reduces the alien's culpability for the violation, e.g. if its misrepresentation, but the alien was only 16 at the time of the misrep and it was really her mom that presented the fake green card at the border. (((INTERESTING!!!)))
dduran: Good morning Laurel, question if a person filed the 245i and since then got married to USC, what should be file to chg it to USC petition?
Laurel: Include a copy of the old I-130 receipt notice to show that you qualify under 245i and then file the new I-130 signed by spouse to show you're changing categories, etc.
eliZabeth: Hi laurel My husband was dined for the folling reasons 212a9ci and 212a48ii. A 10 year bar aginst him. Is there anything we can do.
Laurel: no. 212a9C is very harsh. The law needs to be changed.
Cal: I asked the person at my congressmen's office to look into my wife's change of status to tourist visa case with the immigration and they came back to me and said, her case was denied 9 months after she filed. She has a J-1 visa with D/S status and she overstayed for 4 yrs. Do you think her attempt to change her status to tourist visa back fired on her. Since her change of status to tourist visa got denied, did she start incurring unlawful presence stay from that point on? She never received any official letter stating that she was denied and there's no letter saying that she has to leave th country. Is she subject to the 10 yr bar?
Laurel: Yes, the application backfired. She started accumulating unlawful presence toward the bar from the date of the denial. If she never got the letter, she has the burden of PROVING that she never got it, and its extremely difficult to prove a negative. Yes, I think she will be subject to the 10-year bar.
sg: hello! suspended licenes question. my hubby got his li. suspended because of a crash suspension. a crash suspension is when you were in a car accident (no police involved) and then a judgment was isssued $ , in the judgment he got his lic. suspended. accedent (2000) . lice suspedn (02,03?) didnt know because the paperes were sent to his old address on his lic. were do car accidents fall under and if so does it matter why his lic was supended.
Laurel: Doesn't sound like a criminal offense or anything that would go to moral character. It just sounds like they're accusing him of being a lousy driver, which shouldn't affect the waiver. Just get all the records you can in case they want to look at them, but at the InfoPass appointment, they might even tell you they don't want to see them.
sg: hello again in your consulations. do you make a strong suggestion if you believe someone can use your services and vice versa
Laurel: I never tell a waiver applicant that they don't need a lawyer to do a waiver. A waiver case is necessarily a complicated, difficult case. I recognize that many people do it on their own and have success, but I simply cannot recommend it. But what I do tell people is whether they should be attempting this process at all or not. I do my best to be straight with people about what their chances are. I have told many people that its too risky for them or - if they alien is already abroad and there's no 'risk' - that's its not worth the money to try. So, if I tell you that you are a good candidate for the waiver, you can believe me.
gracey025: Thanks for your reply earlier. Do you know if Manila's getting a lot waivers to be adjucated in their office? According to the supplemental form they gave me it takes them 90 days to decide. How true is this?
Laurel: 90 days? Its possible that they've sped up that much, but I'm skeptical.
ana_maria_tavares: Thanks for everything Laurel, I'll contact Mrs. Schwartz! kisses and have a great afternoon!
Laurel: Ok! And call her Annie.
Laurel: Most "good" immigration lawyers are also nice people and we don't mind when our clients call us by our first names. A month or two ago I did an attorney consult with a woman who has just started doing immigration, crossing over from another area of law. She remarked that she couldn't believe how much comraderie and cooperation there was among the community of immigration lawyers and how willing we are to help each other. I sort of laughed and said that misery loves company and immigration law is miserable.
DD: hi Laura ..we just received our i601 denial letter for unsufficient hardships ..after a loong yr ..and we faxed cdj to try to get a 2nd app ..do u know more or less how long is the waiting to get a 2nd app....also we dont have any medica hardships as evidence but whe kind of hardships are consider "extreme"
Laurel: It will probably be three or four months before the new appointment. What arguments you should make will depend on the facts of the case.
pink: HELLO LAUREL, usc brother petition sisters, they are ewi, and over 21
Laurel: If its a 245i case you're fine, otherwise, they can't adjust status and the USC brother is not a qualifying relative for the waiver.
eliZabeth: My husband got the 10 year bar ,so in ten years is he garrentee a visa.
Laurel: After ten years he will be eligilbe to apply for a waiver.
jessfs: When an appointment is set uo for me husband I have plans to go with him to Niacargua, can I turn in the hardship letter and waiver the same day?
Laurel: The hardship letter is part of the waiver packet. You should be able to file the waiver packet at the consular interview in Nicaragua.
roberto: sorry, yes the 3 year ban will be served out in 40 days,can i do that???,call the embassy????because i sent and e-mail to them ......but they never answerd it
Laurel: Keep bugging them.
eliZabeth: Do you see the law changing before 10 years.
Laurel: Before 10 years? Yes. Before 5 years, I think so. Before 2 years, I doubt it. Before 1 year, no.
MAMACITA: My husband and I recently picked up his Visa after 12 mo's, 3 wks, from CDJ on Dec 3rd, Yipee!!!!. We have been married 2 yrs and 11 mo's. On the 31st of this month will mark our 3rd yr anniversary. They stamped his Visa with a CR1, and our Atty. said error, should be IR1, and he can correct with form I90 and send copy of green card, marriage lic, and Visa page as it was the clerk's fault @ CDJ. He said this happens sometimes because they get in a hurry,,,,just clarifying if this is correct?
Laurel: I think its just as easy to file the I-751 when the time comes, but its up to you.
jessfs: Mexico has the pilot program, do you know if any other countries will be added to that program as well?
Laurel: Hopefully, but no announcements yet.
RJ: Hello Laurel. I have a question for you. My husband has his first interview tomorrow in CDJ. He has an attorney that advised him not to disclose some of his juvenile EWIs. My husband was caught and released when he was 4 or 5 but does not remember and neither does the person who attempted to bring him in. This was in 1986 or 1987. The second time was in 1994 (age 12) and the third was in 1999 (age 17). In 1994 and 1999 he entered undetected and his attorney does NOT want him to mention these, but he does want him to mention the attempted entry in the 80s. What do you advise my husband say?
Laurel: I don't see any reason to lie. Currently CDJ has taken the position that unlawful presence accumulated before age 18 does not apply to INA 212a9C.
laurafern11: That's interesting. A lot of people think that apology letter is good. We didn't include one, it doesn't prove hardship. Good to know.
Laurel: And they're wrong. I even had one client who came to me after the denial and wanted me to do the appeal. I thought her unlawful presence was due to CIS error and I wanted to fully blame CIS for it on the appeal, but my argument was severely hampered by the fact that they had unnecessarily included an apology letter in the initial waiver packet. An apology is an admission of guilt, guys. On any LEGAL matter, never, never apologize for anything unless your lawyer tells you to.
Laurel: Once you apologize, its nearly impossible also argue or later argue that its not your fault.
Cal: Her change of status to tourist visa was denied which u said will nullified her D/S status. She never receive any official letter that she was denied nor did her lawyer's office. As a matter of fact, when I enter her case number for her change of status to tourist visa on the immigration website, he website says her case is still pending and required her to submit more documents. Is this website that's stating her case is still pending be considered an official document? Can she print this out and show it to the immigration that she thought her case was still pending so there no unlawful presence was accrued? Also, would the immigration officer know during the interview that she has a denied case that triggered unlawful presence?
Laurel: The online case status is a useful tool, but incorrect information on the online case status does not PROVE that a decision was never made. The consular officer will probably know that the case was denied and she's subject to the bar.
laurafern11: for Elizabeth - there are a group of people in your situation on immigrate2us.net... they have talked about forming a sort of club... you might want to register over there.
Y: 245-I you are sooo fanny!
Laurel: Yes, yes I'm very fanny.
marflores: Good morning Laurel. What about 2 Domestic Assualts? One was dismissed no victim found. Did not get arrested did not even know about that one until we checked criminal background. The other one got 1 yr probation. He was charge with gross misd.All happened in 1997.
Laurel: 2 domestic assults is bad. You will have to really, really prove rehabilitation.
Cal: Laurel, is it true that they rarely give out the 10 year bar? Even if a person overstayed for more than 1 year, they still give out only a 3 year bar.
Laurel: They give out 10 year bars all the time. I've had very few 3 year bar cases.
sg: in the 30 min. are we talking to you? also would i get to explain and talk about the situaiton at hand in 30 mins and then i talked to somebody else on payment arrangment. just trying to time it so i wont go over 30mins. budget wise thank you so much merry christmas
Laurel: Yes, you talk to me the whole time. If you need a few minutes more than 30, its no biggie, but when a consultation starts to run past 40 minutes, I start politely trying to get the person off the phone and when we start getting close to 50 I'm a bit more blunt about time running out.
DD: Do you think we can get a phone consultation with you, so u can help us with our HSL..like i said we dont have medical harships and we are blank on what kind of hrships we can use ...we wouldnt ant to be denied again ..so we need to put a good HSL together before we go to CDJ again...
Laurel: You can do a consultation, but please understand that I do not guide pro se clients on preparing their own waiver packets. I would advise you on (a) legal eligiblity for other types of relief other than the waiver, (b) eligibility to file the waiver, and (c) chances of success. I don't give the person the all-important list of supporting documents during the consultation. And you don't win your case with a "good letter". You win the case with the supporting documents. I can't say that enough.
eliZabeth: Is law changing for better or worse.
Laurel: Now hear this: THINGS WILL GET WORSE AND THEN THEY WILL GET MUCH WORSE AND THEN THEY WILL GET BETTER.
Laurel: Its after noon. There are lots of questions pending that I didn't get to. I have to take off. I'll see you all next week.