mnava
07-18-2007, 06:03 PM
I was late and didn't get it all, I believe I came in around half way through the chat.I hope someone else gets the rest.
Mendoza: I have a question about 245i...My FIL (LPR) petitioned his unmarried daughter in 1993. The dates for unmarried son/daughter of LPR is now at the year 1992, so a visa will be available hopefully soon. MY SIL is here EWI. Since the petition was done before 1998 (or 2001), she will qualify for 245i, right? But how does she know when to apply for the AOS (with the $1000 fine) since it will be done here, not at the consulate in Mexico?
Laurel: As soon as the visa is current on the visa bulletin, assuming she's still unmarried and has never been married, she can adjust status through her originally filed I-130 petition. If she were to now marry a US citizen, she can immediately apply for adjustment of status, using the prior I-130 to qualify for 245i, but using her spouse's petition for the currently available visa and adjusting on that.
BR212: so do you think this lawyer Dan Green will be able to help me. Do you think I have good chances of getting one. How long does it take???
Laurel: Dan is rapidly gaining experience with the (d)(3) waiver. You should consult with him on specifics.
grape: i enterd with the another passport but with my pictues in it, but i did not asked for a waiver, what shoud i do
Laurel: That's not what I would consider an EWI. You might be able to adjust here. I think you should do a consultation as I think you're confused about a few things.
crystal: is the I129 route abo****ely necessary if you already have an approved I130? briefly, what is the difference in process
Laurel: The I-129F is entirely optional most of the time. You would want to do a I-129F for a K3 in any of the following situations: (a) you're going through Mexico and you're still at least 10 months away from your anticipated interview date, (b) you have a prior deportation and the I-130 isn't approved yet: I-130s tend to get sidelined in this situation, while I-129Fs don't, (c) you are concerned about making the income requirement on the I-864 and you will want to use your spouse's income: they are more lenient on income requirement for K3 than for immigrant visa, and (d) the alien has a child from a prior relationship who was over 18 at the time of the marriage, but is currently under 21 and would like to visit the US for a few years until turning age 21.
algraham: Have you had much experience with waivers for CIMT? If so, what is more important, proving hardship or rehabilitation?
Laurel: Yes. On a criminal waiver, it is always most important to show that the alien is not going to hurt any Americans if the adjudicator lets this person in.
susan: How much "evidence of relationship" is should be submitted with the I-129F Petition? Can I send color photocopies of photos? Or should I send doubles? How do I prove the dates? Also, should I submit evidence of an on-going relationship, as well. Is it enough to send photos or should I send documentation, if possible.
Laurel: For an I-129F for K3, you don't need to prove 'real relationship' with the intitial filing, except that you have to provide a marriage license. You will prove 'real relationship' with photos and stuff at the consular interview.
a79: Yes we had our first interview December 06....We turned in our waiver at the beginning of January 07 for 212 a 6 c i, he was denied entry at the border and admitted to working on his tourist visa.....Since pick up times are taking so long, we don't think our pickup will be before December 07, which would be the one year mark from our first interview...So we know we will have to redo our medical, DS-156 and pay the visa fee again. We planned to answer yes again on the denied entry question and the misrep question so they will know we are definitely not hiding anything....I told my fiance "if" they ask him why he put no the first time on the misrep question at first interview and yes on the form at the pick up interview, to simply explain that we did not know he was ineligible at the first interview for that reason and now we did.....simple!
Laurel: ok
petal07: Do you think 1st appointments are being delayed for scheduling due to the increase of visa pick-ups?
Laurel: Its possible that because (a) so many visa pick-ups are being scheduled for a time that's more than a year after the first interview, and (b) they're requiring all these additional hoops, documents, forms and stuff for people coming back after a year, that they will have to review, that all this is causing delays in interviews and creating a viscous circle where the delays are making more people pass that one year mark, etc.
Kevin: Question - Entered in 96, overstayed left in 99. Returned later in 99 with inspection through a valid port of entry. Left in 06 via Voluntary Departure. Is this still an a9c or since the entry was through a port and entry was permitted is this just an a9b?
Laurel: Returning in 99 with inpsection should NOT trigger 9C. Attorneys are debating this one, but CDJ is currently interpreting this scenario is not triggering 9C.
crystal: what is the percentage of approvals of the I 601 in CDJ with the new pilot program?
Laurel: I could tell you, but then I'd have to kill you. Seriously though, no official statistics are available.
Candy: Hi Laurel, I hope you are good today! I have a couple questions. My mom just sent her I-130 in NOV of 2006. She married a USC. She EWI'd in September of 1989. She left to Mexico in Nov 1995 and Returned December 1995 EWI. She left again in July of 1996 and EWI'd in August of 1996. While she was in Mexico in November of 1995 she applied for a tourist visa and was of course denied. My question is since all the EWI's were prior to april of 1997 will they affect her at all? Is there any consequence to her returning right after being denied the tourist visa? Which forms ask about your entry and exits the I-601 and DS-230 correct?
Laurel: As long as her last entry was prior to 1997, there's no way she would be subject to 9C. No extra consequence to returning after tourist visa denied, except the usual 9B. There may possibly be a 6Ci (fraud) charge, but since she already needs a waiver, its not that big of a deal unless her waiver were going through Lima, where fraud is taken especially seriously.
sdgcas: Do You Have any information as to the Processing Times for an I-601 through Moscow? Or how difficult it is to get a waiver through there?
Laurel: I've got one pending there now. I will notify everyone of this type of info as that waiver is completed.
claudia_: But does the filing of a waiver at the interview slows down the process, meaning that instead of making a decision at the interview the adjudicator has to review the waiver and then send us a notice?
Laurel: Even if you file the waiver in advance, they're unlikely to look at it before the interview.
a79: Do you think it matters that a lot of us used HSL that were approved as templates for writing our own. I used a template of an approved letter, BUT obviously completely revamped my letter to reference my personal issues. The only things I kept were some awesome sentences that were great to open a paragraph up with or close a paragraph.........Since Oscar is paying attention to chat rooms, I am sure that he has seen people posting their letters of approval or denial......I guess this would show everyone that although it is okay to use an approved letter as a template, you definitely want to make sure it is primarily all your own stuff, so you are not accused of plagiarism.
Laurel: The people reviewing your waivers frequent the same forums as the rest of you. They have seen the HSLs that have been posted. If they think you copied yours, it may jeapardize your credibility and the credibility of the entire waiver packet. At least one OIC has specifically pointed this out to me. Having said that, it may still be a good idea if you're doing this pro se, to review what other people have done so you understand the process better. Just be sure that your letter and packet are unique and don't look copied at all.
Mendoza: Several people have been asking the question of what to do when they have received the 3 year ban for drug abuse once the 3 years are up....Are they supposed to wait for the consulate to contact them or are they responsible for doing the contacting? Also, since it is taking a year to get an appointment, do they have to wait the 3 years ot request an apointment, or can they request one say 2 and a half years after to get an appointment faster?
Laurel: For CDJ, making the request at 2 1/4 or 2 1/2 years is advisable.
sdeb: I have been hearing a lot of approvals/denials for 601 waivers after mine has been put in. I submitted my husbands in March 2006. I have a lawyer working on it. Tried contacting the senator. I have a 130 waiting for interview. They tell me they are working on it but when my husband calls they say its closed case. What should my next step be? Are we still okay in paperwork for the IR1?
Laurel: I think you asked this last week. You need to have your Senator on this one. You say you've contacted him. It does seem that something is 'up' with your case and you need to get it resolved, which is not always easy.
Miss_Liss: Laurel, I'm eatimating our case will be finished at the NVC sometime in mid-September. Do you think we're on track to have our CDJ IR-1 interview no sooner than August, 2008?
Laurel: Correct.
DublinBoki: Laurel How Are you. My Wife and I just file a I 601 over in Europe. We didn't use a lawyer we wrote the Hardship letters ourselves. We also had letters from Congressmen and Women and from a doctor stating what a hardship it would be to be seperated from our infant son.f (A US Citizen) The letters were very concise only two pages each. Do you think thats enough? I might add we also added that my employment was here in Euope but has now moved back to the states.
Laurel: Its hard for me to estimate chances of approval without reviewing the waiver packet. However, from your description, it does not sound like enough documentation.
susan: I am applying for a K-1 Fiance Visa. I read on one of the forums that it is good to provide as much proof of an ongoing relationship as possible upfront. So that at the interview they are just confirming what the information you provided in your packet.
Laurel: I-129f for K1 is a bit different from I-129F for K3. For the K1 you each have to sign a statement indicating an intent to marry within 90 days of the alien entering the county on K1 and the petitioner has to write a statement describing the circumstances under which the two of you met and you have to prove that the two of you have met in person within the last two years. None of this is required for the I-129F for K3. However, you're still going to supply the bulk of the proof of real relationship at the consular interview.
Laurel: There are 66 questions waiting to be answered. But its noon now, so I need to sign off. I will talk to all of you next week.
Mendoza: I have a question about 245i...My FIL (LPR) petitioned his unmarried daughter in 1993. The dates for unmarried son/daughter of LPR is now at the year 1992, so a visa will be available hopefully soon. MY SIL is here EWI. Since the petition was done before 1998 (or 2001), she will qualify for 245i, right? But how does she know when to apply for the AOS (with the $1000 fine) since it will be done here, not at the consulate in Mexico?
Laurel: As soon as the visa is current on the visa bulletin, assuming she's still unmarried and has never been married, she can adjust status through her originally filed I-130 petition. If she were to now marry a US citizen, she can immediately apply for adjustment of status, using the prior I-130 to qualify for 245i, but using her spouse's petition for the currently available visa and adjusting on that.
BR212: so do you think this lawyer Dan Green will be able to help me. Do you think I have good chances of getting one. How long does it take???
Laurel: Dan is rapidly gaining experience with the (d)(3) waiver. You should consult with him on specifics.
grape: i enterd with the another passport but with my pictues in it, but i did not asked for a waiver, what shoud i do
Laurel: That's not what I would consider an EWI. You might be able to adjust here. I think you should do a consultation as I think you're confused about a few things.
crystal: is the I129 route abo****ely necessary if you already have an approved I130? briefly, what is the difference in process
Laurel: The I-129F is entirely optional most of the time. You would want to do a I-129F for a K3 in any of the following situations: (a) you're going through Mexico and you're still at least 10 months away from your anticipated interview date, (b) you have a prior deportation and the I-130 isn't approved yet: I-130s tend to get sidelined in this situation, while I-129Fs don't, (c) you are concerned about making the income requirement on the I-864 and you will want to use your spouse's income: they are more lenient on income requirement for K3 than for immigrant visa, and (d) the alien has a child from a prior relationship who was over 18 at the time of the marriage, but is currently under 21 and would like to visit the US for a few years until turning age 21.
algraham: Have you had much experience with waivers for CIMT? If so, what is more important, proving hardship or rehabilitation?
Laurel: Yes. On a criminal waiver, it is always most important to show that the alien is not going to hurt any Americans if the adjudicator lets this person in.
susan: How much "evidence of relationship" is should be submitted with the I-129F Petition? Can I send color photocopies of photos? Or should I send doubles? How do I prove the dates? Also, should I submit evidence of an on-going relationship, as well. Is it enough to send photos or should I send documentation, if possible.
Laurel: For an I-129F for K3, you don't need to prove 'real relationship' with the intitial filing, except that you have to provide a marriage license. You will prove 'real relationship' with photos and stuff at the consular interview.
a79: Yes we had our first interview December 06....We turned in our waiver at the beginning of January 07 for 212 a 6 c i, he was denied entry at the border and admitted to working on his tourist visa.....Since pick up times are taking so long, we don't think our pickup will be before December 07, which would be the one year mark from our first interview...So we know we will have to redo our medical, DS-156 and pay the visa fee again. We planned to answer yes again on the denied entry question and the misrep question so they will know we are definitely not hiding anything....I told my fiance "if" they ask him why he put no the first time on the misrep question at first interview and yes on the form at the pick up interview, to simply explain that we did not know he was ineligible at the first interview for that reason and now we did.....simple!
Laurel: ok
petal07: Do you think 1st appointments are being delayed for scheduling due to the increase of visa pick-ups?
Laurel: Its possible that because (a) so many visa pick-ups are being scheduled for a time that's more than a year after the first interview, and (b) they're requiring all these additional hoops, documents, forms and stuff for people coming back after a year, that they will have to review, that all this is causing delays in interviews and creating a viscous circle where the delays are making more people pass that one year mark, etc.
Kevin: Question - Entered in 96, overstayed left in 99. Returned later in 99 with inspection through a valid port of entry. Left in 06 via Voluntary Departure. Is this still an a9c or since the entry was through a port and entry was permitted is this just an a9b?
Laurel: Returning in 99 with inpsection should NOT trigger 9C. Attorneys are debating this one, but CDJ is currently interpreting this scenario is not triggering 9C.
crystal: what is the percentage of approvals of the I 601 in CDJ with the new pilot program?
Laurel: I could tell you, but then I'd have to kill you. Seriously though, no official statistics are available.
Candy: Hi Laurel, I hope you are good today! I have a couple questions. My mom just sent her I-130 in NOV of 2006. She married a USC. She EWI'd in September of 1989. She left to Mexico in Nov 1995 and Returned December 1995 EWI. She left again in July of 1996 and EWI'd in August of 1996. While she was in Mexico in November of 1995 she applied for a tourist visa and was of course denied. My question is since all the EWI's were prior to april of 1997 will they affect her at all? Is there any consequence to her returning right after being denied the tourist visa? Which forms ask about your entry and exits the I-601 and DS-230 correct?
Laurel: As long as her last entry was prior to 1997, there's no way she would be subject to 9C. No extra consequence to returning after tourist visa denied, except the usual 9B. There may possibly be a 6Ci (fraud) charge, but since she already needs a waiver, its not that big of a deal unless her waiver were going through Lima, where fraud is taken especially seriously.
sdgcas: Do You Have any information as to the Processing Times for an I-601 through Moscow? Or how difficult it is to get a waiver through there?
Laurel: I've got one pending there now. I will notify everyone of this type of info as that waiver is completed.
claudia_: But does the filing of a waiver at the interview slows down the process, meaning that instead of making a decision at the interview the adjudicator has to review the waiver and then send us a notice?
Laurel: Even if you file the waiver in advance, they're unlikely to look at it before the interview.
a79: Do you think it matters that a lot of us used HSL that were approved as templates for writing our own. I used a template of an approved letter, BUT obviously completely revamped my letter to reference my personal issues. The only things I kept were some awesome sentences that were great to open a paragraph up with or close a paragraph.........Since Oscar is paying attention to chat rooms, I am sure that he has seen people posting their letters of approval or denial......I guess this would show everyone that although it is okay to use an approved letter as a template, you definitely want to make sure it is primarily all your own stuff, so you are not accused of plagiarism.
Laurel: The people reviewing your waivers frequent the same forums as the rest of you. They have seen the HSLs that have been posted. If they think you copied yours, it may jeapardize your credibility and the credibility of the entire waiver packet. At least one OIC has specifically pointed this out to me. Having said that, it may still be a good idea if you're doing this pro se, to review what other people have done so you understand the process better. Just be sure that your letter and packet are unique and don't look copied at all.
Mendoza: Several people have been asking the question of what to do when they have received the 3 year ban for drug abuse once the 3 years are up....Are they supposed to wait for the consulate to contact them or are they responsible for doing the contacting? Also, since it is taking a year to get an appointment, do they have to wait the 3 years ot request an apointment, or can they request one say 2 and a half years after to get an appointment faster?
Laurel: For CDJ, making the request at 2 1/4 or 2 1/2 years is advisable.
sdeb: I have been hearing a lot of approvals/denials for 601 waivers after mine has been put in. I submitted my husbands in March 2006. I have a lawyer working on it. Tried contacting the senator. I have a 130 waiting for interview. They tell me they are working on it but when my husband calls they say its closed case. What should my next step be? Are we still okay in paperwork for the IR1?
Laurel: I think you asked this last week. You need to have your Senator on this one. You say you've contacted him. It does seem that something is 'up' with your case and you need to get it resolved, which is not always easy.
Miss_Liss: Laurel, I'm eatimating our case will be finished at the NVC sometime in mid-September. Do you think we're on track to have our CDJ IR-1 interview no sooner than August, 2008?
Laurel: Correct.
DublinBoki: Laurel How Are you. My Wife and I just file a I 601 over in Europe. We didn't use a lawyer we wrote the Hardship letters ourselves. We also had letters from Congressmen and Women and from a doctor stating what a hardship it would be to be seperated from our infant son.f (A US Citizen) The letters were very concise only two pages each. Do you think thats enough? I might add we also added that my employment was here in Euope but has now moved back to the states.
Laurel: Its hard for me to estimate chances of approval without reviewing the waiver packet. However, from your description, it does not sound like enough documentation.
susan: I am applying for a K-1 Fiance Visa. I read on one of the forums that it is good to provide as much proof of an ongoing relationship as possible upfront. So that at the interview they are just confirming what the information you provided in your packet.
Laurel: I-129f for K1 is a bit different from I-129F for K3. For the K1 you each have to sign a statement indicating an intent to marry within 90 days of the alien entering the county on K1 and the petitioner has to write a statement describing the circumstances under which the two of you met and you have to prove that the two of you have met in person within the last two years. None of this is required for the I-129F for K3. However, you're still going to supply the bulk of the proof of real relationship at the consular interview.
Laurel: There are 66 questions waiting to be answered. But its noon now, so I need to sign off. I will talk to all of you next week.