Laura
12-26-2007, 02:41 PM
Laurel: Hello everyone. I’m here. First, some preliminaries. What I state in this chat does not constitute legal advice as I have not had the opportunity to review your case. Participation in the chat does not create an attorney-client relationship.
Laurel: When you type to the chat, I can view what you’ve written, but it will only be visible to everyone in the main window if I post it. I will not have the opportunity to answer every question. I prefer not to answer questions I’ve already answered, when asked by someone else.
Laurel: There's like no one here
Laurel: Salsa, I got your email over the Christmas break. I'll be replying today.
Laurel: LauraFern does not work for me, ya'all
laurafern11: From JLG: A followup question to something Laurel mentioned in a chat a few weeks ago: she said that on AOS/EAD paperwork, admitting to previous use of a fake SSN is beginning to carry more serious consequences. How serious are the consequences, how often are they cracking down in situations like this, and will it result in denial of AOS?
Laurel: Its still kind of a gray area. Admitting to fake use of social could result in criminal proceedings, which for your immigration case means you need a criminal waiver, but reports are sporadic on the enforcement of this particular transgression of the law. If it is enforced uniformly and strongly, most aliens who might otherwise be able to "come clean" will be forced back into the shadows and will continue using the fake social, which doesn't really solve the problem of people using fake socials.
salsa: Great! I didn't expect a quick reply. You deserve a holiday break too!
Laurel: Thanks.
laurafern11: From E4Love: We were one month sort of the two year mark for being married, so they gave us the conditional green card. My husband wants to apply for citizenship does he have to wait 2 years for the conditions to be lifted and then have to wait another 3 years to apply for citizenship? I just wondering when the three year wait starts ticking for getting USC-ship, does it start now or after the conditions are lifted IF so that would be 5 years no different then someone not married to a USC?
Laurel: The 3 years for citizenship starts from the date conditional permanent residence is granted.
laurafern11: From Kgarrid - I'm the one whose husband had 3 checkmarks on his I-601 waiver letter from CDJ and I have 2 questions...
1) I submitted more evidence and also contacted senator in my state - Have not heard anything yet - Daughters had surgery back on 12/13 - Asked for expedite on 12/3. I wrote a letter to the senator and explained the speeding ticket and warrant for his arrest - I also explained the more evidence requested - but I did not mention the 3rd checkmark which was the "IRREGULARITIES ON THE INFOPASS SYSTEM" - Was I supposed to explain that as well? Due to the new appointment process does it matter anymore? I also did not explain that part when I sent more evidence to CDJ back on 11/08? Just worried!
2) Since my medical extreme hardship is the presence of a brain tumor - my doctor is looking into a possible removal early next year - I want to send another letter, but I dont know how much more evidence I can turn in and if they will consider that as an expedited case? Your thoughts?
Laurel: I would submit evidence of the brain tumor as soon as possible regardless of what other evidence you've submitted in the past. Normally, you don't want to be sending in multiple amendments to an existing packet, but this is a situation where you would.
Laurel: Don't worry about not having mentioned the InfoPass irregularities.
laurafern11: From Hannah - Does the Consulate keep records of the visas or border crossing cards issued to non-immigrants and for how long? Would they have any records of one from 1992?
Laurel: Its in the Department of State computer, so yes. It should go back further than '92, but I don't know how far.
laurafern11: From Hannah - Does the Consulate keep records of the visas or border crossing cards issued to non-immigrants and for how long? Would they have any records of one from 1992?
Laurel: Its in the Department of State computer, so yes. It should go back further than '92, but I don't know how far.
Klame1983: Laurel, my husband was stopped by the police this past weekend and cited for no drivers license. Will this be a problem when filing the I-601 in Honduras? Would it only be a problem if he had been arrested? Thanks.
Laurel: It probably won't be a problem, but be sure to bring all records. CIS is toughening up on the 'no drivers license' issue, but for now for the 601s abroad I'm going to say its still not that serious. Subject to change without notice.
salsa: How can you not get pilot program approval when the USC has a BRAIN TUMOR! That is crazy.
Laurel: Salsa, as soon as they find a reason to refer, they stop reviewing the packet
Klame1983: Laurel, What records should I take, he wasn't arrested? Only fined $150.
Laurel: Klame, contact the agency that has the records and ask for proof that the fine has been paid and what the fine was for.
Laurel: FYI, everyone, I am on a reduced schedule this week because my son's school is out, but I will be doing some work, mostly from home.
Laurel: Everyone, my sister Rachel has started working for me. She is handling the bookkeeping. You may get an email from her if you have any account issues, for example, if your automatic payments through PayPal are not set up yet. She's working on that now.
Jessica: My husbands friend came to US with a visa (his parents had a clothing store so he would come to do some shopping) eventually he decided to stay. He married a LPR but for soem reason never did the AOS. He was pulled over and charged with a DUI and last time he went to court the judge told him that h
Laurel: Depends on the type of visa, but he should be able to adjust. A single DUI should qualify for petty offense exception and probably won't trigger medical grounds of inadmissibility on an in-country medical.
Laurel: In CDJ it might trigger medical inadmissibility
Laurel: He probably can't adjust until his wife naturalizes
Jessica: My husbands friend was pulled over and charged with a DUI, he came with a visa and hiw wife is an LPR but never did teh AOS. When he went to court was told by the judge that if his became a USC he could stay but since the recent increase in usc application she was not able to do it yet. whats the pr
Cal: Good Morning Laurel, How's your X'mas? Given the following facts for extreme hardship, what what are the chance of having 601 waiver approved in Moscw AND pls states the reasons why, your feedback & recommendations: (1) My mom is given 40 hours/month of hiring a caretaker and I'll ve the one taking
Cal: correction: my mom is given or APPROVED 40 hrs/month BY THE STATE to have a care taker.
Cal: Extreme Harships: (1) My mom was approved for 40 hrs/mo.by the state of California for caretaker & I'll be the caretaker & my name will be listed on the application. (2) I'm Asian & there are Skinheads in Russia attacking blacks/Asians/minorities.
Laurel: Cal, is your mom the caregiver for your kids or will you be named the caregiver for your mom?
Cal: (3) My wife in Moscow is 2 mos pregnant (4) I'll be sending money to support (5) I worked 6 months this year & earned $25,000. I'll work part-time in 2008 cuz i'll probably make 3 or 4 trips to see my wife next year
Cal: (6) I got a AA degree & will re-enter University this year to finish my 4 yr bachelor & then go for my Master. Is this a good reason for extreme hardship due to disruption of my study. (7) I've been having anxiety, sleepless nights, feel immobolized, unproductive, for worrying about whether or not
Laurel: Cal, I was confused about the caregiver stuff with your mom. Is she the caregiver for your kids or are you her caregiver?
Cal: My mom has conditioned where she needs a caregiver. I will be assigned the caregiver to take care of my mom beginning Feb 2008. This caregiver will be paid 40 hrs/ month by the state. So I'll be receiving checks for taking care of my mom. How helpful is this as a reason for extreme hardship? Will it get the waiver approved?
Cal: Does it help to file K3 in addition to CR1? Can I apply for any kind of waiver for K3? If I can, what is it? Does it make sense to file CR1 and K3 because K3 interview will come up first. Will this help at all?
Laurel: Cal, because of recent issues I've had with NVC, I'm currently recommending that everyone go for both immigrant visa and K3.
Laurel: Yes, you can file I-601 with K3
Laurel: Cal, what's your wife's ground of inadmissibility?
deleons: hi laurel how are you it's your client from new york the de leon's......................... question now that you've sent the upgrade im freakin out about immigration coming to my house to pick hubby up is that posible?
Laurel: DeLeon, don't freak out about that. Its LESS likely to happen with the upgrade than before as now its clear that your husband is closer to leaving voluntarily
jnel00: Good morning Laurel, I wanted to ask you what you recommend that I do to check more in depth on my husbands I601 waiver filed @ Juarez 11-8-06? I thought that he would be home by now any suggestions?
Laurel: Jne, has the 601 been decided?
jnel00: Ok here is my husbands situation came EWI to US 1994 and left 2006 when we went to appt, No criminal record,Fingerprints are done and I still dont understand why the consulate told my husband 6-9 months and then we are past the 1 year mark and still nothing,this is so frustrating, Can I fax something?
jnel00: nothing in the system yet
anothermar: That is different between a CR1 Visa and a IR Visa?
Laurel: Another, A CR1 is conditional and you have to apply to remove conditions of permanent residence after two years. If you get divorced in that time, it becomes more complex. IR1 does not have this requirement
anothermar: my 601 has been approved on Nov. 10, received the 20th of November and I have been calling the 202# and not in the system
anothermar: what are the conditions for?
Laurel: Jnel and Another, mail some inquiries. Get your Congressman involved if need be.
Laurel: Another, "conditions" have to do with real marriage. After two years you once again have to prove real marriage.
anothermar: Thanks, I will call again since it will be 6weeks this Friday and I will contact my Congressman.
jnel00: thank you for your suggestions, rumors said that nothing is moving too quickly with us backloggers because 08 is a election year????
Laurel: Jne, I don't think it has anything to do with the election
anothermar: ok, real marriage huh? well what can I do now so that can be a IR visa instead of CR1?
Laurel: Another, if you've already been married two years at the time the I-130 is approved, you get IR1 instead of CR1
salsa: I thought you got IR1 if you had been married two years at the time the visa is issued, that is not true? Our I-130 was approved only a few months after our marriage, but by the time hubby gets his visa, we'll be more than two years married. Which visa will they issue to him?
Laurel: Salsa, I think the law isn't clear on this and the consulate has been somewhat inconsistent. Usually they'll give IR1 if the marriage is two years old at the time the visa is issued, but I usually tell people the more conservative timeline
kgarrid has left.
Laurel: On the CR1 vs IR1, if you're abroad and they give you the visa, just take it. Don't argue. Get in the country.
Jessica: My friend came in with a visa and eventually married an LPR but never AOS. He was charged with dui and was told by the judge that if the wife became a usc before jan he wouldnt have to leave, whats the next step when he leaves in jan?
Laurel: Jessica, how far is the LPR from naturalizing. Your friend should've asked for a continuance. Sounds like he'll need a foreign-filed waiver at this point. It doesn't sound like the case was handled well. did they have a lawyer?
Jessica: The lawyer had advised them of that before the court date and they started the process but with the increase of applications she has not even taken the test yet, what are the options for them. They have a baby as well.
Laurel: Jessica, the lawyer should've asked for a continuance until the natz was approved.
Laurel: Jessica, has an I-130 been filed?
Laurel: Jessica, if the lawyer asked for the continuance and it was denied, well she did what she could. Some things are beyond the lawyer's control.
Jessica: Yes she did ask for it but it was denied, now after he leaves what does the wife need to do to bring him back after shes a usc
Laurel: Jessica, has the I-130 been filed?
Jessica: I don't think they have filed anything, I guess they were hoping she would become a usc before he actually had to leave.
Laurel: Jessica, they need to get started on pre-waiver procedure. See my YouTube video on pre-waiver procedure.
Jessica: Will he have to leave anyways?
lauram: Laurel I called the number to schedule my appt to submit the waiver and the automated system mentioned being able to make an appt on the web at usvisa-mexico.com, do you know if this also applies for I601 or other forms?
Laurel: Lauram, I haven't heard this.
Laurel: I'll look into it
lauram: ok thanks
HANNAH19: Hi, Laurel this is the first time I actually make it to the chat!
Jillian_Teresa: Hi! This is the first time i have been here. I was wondering if my husband does indeed get his visa on Jan 16th...the day of his infopass, can we change the conditions. Since we sent in our other forms in before we were married for two years we will be getting a CR1 visa. I believe is what it is c
lauram: My husband who is the one petitioning me , was referred to a psychiatrist for consult and he was diagnosed with anxiety and depression, he was also referred to a psychologist for consult and medication but the appt for the psychologist isnt until after the visa interview, would be ok to include that
salsa: True! I will be thrilled with any visa they issue!!!
anothermar: thanks, it's lunch time
anothermar has left.
Laurel: Everyone, unless the depression is SEVERE, it is normally not considered an extreme hardship. I rarely send my clients to a psychologist.
hry: my friend came ewi through canada and married an LPR who will become citizen next year and they have not appied as yet. Is it advisable to apply I-130 now or wait untill she become citizen? I guess he will have to leave the US for his visa and the extreme hardhip case, the LPR is a registered nurse
Laurel: HRY, is your friend Canadian? What country?
hry: both are indians
Laurel: Hry, they already have a weak case if the qualifying relative is from the same country as the alien, having entered as an adult. They might as well file I-130 now, but I can tell you right now its going to be hard to get a waiver approved for them.
hry: so what can they do to get immigrant visa?
plane-jane: Hi. My son's I-130 was approved recently. He is over 21 and lives in europe while I am an LPR and reside in USA. However, my son is engaged. What is the best thing for him to do relating to his obtaining a visa: to get legally married or to wait to legally marry his fiancee until after he receives h
lopay: Hi, hope you had a good Christmas. I talked with you last week and since then I spoke with CDJ. We were told in July that my stepdaughter would need an I-212 and in Nov we were told it would take 18 months to process it. We haven't filed it yet. Her ban ends Oct 2008, so we figured that there wa
Laurel: I'm going to turn Moderator function back on. If I haven't answered your question, please retype AFTER I turn Moderator back on
Laurel: Its on
Laurel: If I havent' answered your question, please retype it
lopay: Hi, hope you had a good Christmas. I talked with you last week and since then I spoke with CDJ. We were told in July that my stepdaughter would need an I-212 and in Nov we were told it would take 18 months to process it. Her ban ends Oct 2008, so we figured that there was no point in filing one. I called CDJ and asked if I needed to refile my I-130 to get another appointment because that's what my old lawyer always had me do. He told me that I had to refile my I-130 to get another appointment. A friend of mine called me and told me that wasn't right and had me call the national visa center. They told me there was no point in filing the I-130 because it had already been approved and that I just needed to call CDJ and ask for another appointment. They said that because of the time it takes to get another appointment, I should go ahead and do it now and it would be very unlikely that I would get one before her ban date ends. Questions: how do I get an appointment? I called and CDJ told me to do something wrong, so do I call again and call him on his mistake? 2- does this seem like a good plan of action to you?
Laurel: Whether or not you should need to file a new I-130, its probably the easiest way to handle things
Laurel: File the I-212 because they might try to use 2003 as the start date of the 10-year bar.
flower22: I asked you this question last week but I had not provided all the info to you. So, my hus came with fraud/misrepresentation. We are up for an interview in midJanuary. We are doing an in country waiver. My hus has worked for one year with his ITIN #. (it was accepted by his employer). Will we have problems for that, is there any section of law that can protect us for this?
Laurel: Using the ITIN, in itself, does not make your situation worse. Now, its possible that he wrote some other stuff on his I-9 that could be an issue, but what you've written does not necessarily indate any worse problems.
Cal: My wife ground for inadmissability is unlawful presence for over 3 yrs & is possibly be subjected to 10 yr bar. She came to the US on J-1 visa with D/S status but applied for change of status to tourist visa but was denied.
Laurel: Ok. I think you've got a good shot at getting your waiver approved from the arguments you listed. Some of your arguments are good and some are not. Don't bury your good arguments in not-so-good ones. With a good presentation of your case I'd give it a 90% chance of approval, but don't take this to mean you can 'rest' on the facts of the case. You need to prepare a convincing packet.
Jessica: Laurel will he still have to leave the country or is there any other way he can stay until his wife becomes a USC and does his AOS.If not what are the options for them?
Laurel: Its too late. Getting the deportation case reopened now is nearly impossible. He should comply with the deportation order (actually, I bet he got Voluntary Departure, but whatever). He needs to start the pre-waiver procedure and prepare to file a waiver. They're already wasting precious time by not having filed the I-130. The wife needs to naturalize as soon as possible. I know she filed and stuff, so she's doing what she can with that.
hry: are you telling me the indian guy has no chance to get his residency?
Laurel: I wouldn't say 'no chance', but it will be an uphill battle.
cm21om25: Laurel, when writing the letter, I have put about my husband going to school towards being a doctor, Should I put exactly what classes he is currently taking? I just put so far that he is going to school and will graduate in February or March with his Bacherlors degree, then he was going to go Medical School up here. Is that good enough or should there be more?
Laurel: The "letter" should just mention it, but we'll include a transcript to show exactly what classes he's taking. The qualifying relative's letter should be from the heart and should not go into that kind of detail. The brief should organize the supporting documents and only go into that kind of detail when its necessary to point out that detail for a particular argument. But neither the "letter" nor the brief should do the work of the supporting documents.
lopay: Is that why my old lawyer always had me send in my I-130? the lady at the visa center told me that I had been working of the same I-130 since 2004. My daughter is now 21, if I send in another I-130, could they somehow mess it up so that she loses her child status protection?
Laurel: Oh, good point about her being over 21 now. Ok, work from the old I-130. Ask the consulate for a new interview.
Cal: You said it's best to file CR1 & K3. In my wife's case with her J-1 visa with D/S status, she may not be subject to a 10 yr bar if the immigration didn't notice she had a change of status to tourist visa that was denied. If she gets K3 approved, I heard that when she comes to the states & change her status to CR1, there's a greater risk of them finding out her change of status to tourist visa that got denied. Therefore, she will have to apply for a waiver & be sent back to Russia for interview. Is this true?
Laurel: There's a possibility of the consulate discovering the issue and a possibility that CIS would discover it when she went to adjust status. But if the consulate "misses" it and issues a K3 and then CIS says she needs a waiver when she goes to adjust status, at that point she would be able to file here without going back to Russia as her last entry would have been valid, even if it was based on error of some sort.
hry: whats the best choices they have?
Laurel: I don't have enough information to say. I would have to consult with them and evaluate the entire case as a whole.
lopay: She doesn't have a ten year bar, she just had a removal. there was no illegal time here because she was under 18 when everything on her record happened. I've been to CDJ twice about her and they have never said she had a ten year bar, just a five.
Laurel: I think we talked about this before. While a child under 18 does not accrue unlawful presence toward the 3/10 year bars, there is no such exception carved out for deportations that occur before age 18. A child under age 18 who is ordered deported is banned for 10 years. An expedited removal is five years (except for VWP where its 10), rather than 10, but what you described does not sound like an expedited removal. An expedited removal with 5-year bar would occur within 100 miles of the border. You probably wouldn't appear before a judge.
Susan12: Is it necessary (or a good idea) to have a Mexican birth certificate translated for the appointment in CDJ? And other documents that are in Spanish?
Laurel: Documents submitted at the consulate for consular processing do not need to be translated if they are in the language of that country. Documents submitted at the consulate for the waiver do need to be translated. Documents submitted to NVC for consular processing need to be translated.
cm21om25: Laurel if one came in on a conditional permanent resident card and their 2 yr marriage anniversary was only 2 months away is there a way to remove the conditions then or does one have to wait until the 2 yr conditional resident card anniversary?
Laurel: You have to wait the two years from the time the card is issued.
Cal: You said I have good and bad arguments and you'd give 90% chance of approval. What are the good arguments? thank you.
Laurel: Read my memo on waivers. There's a link on my website.
amy: A few weeks back my husband asked a question regarding his misrep at the border at age 16 with a USC birth certificate (not at his own will) He was caught and we were under the impression that because of the USC birth cert, he would be ineligible to be admitted to the US again. Last week's memo from CDJ seems to indicate that there may, in fact, be a possibility for him to eventually file a waiver and immigrate as my spouse. 1) Does this seem true to you? 2) How can we find out whether or not this incident at the border counted as a deportation?
Laurel: I haven't read the memo. I'll take a look.
SDEB: my brother was charge a misdemeanor drug charge and was deported. what are our chances of bringing him back? What must be done? He was a perm. resident.
Laurel: If the drug conviction was for anything except simple possession of marijuana, there's nothing that can be done. Period.
Jessica: so she would have to go thru the same process and my husband and I (husband ewi'd) and his friend entered with a visa ?
Laurel: Yes
lopay: this is for mgarcia: he entered the US in 2001 and was caught at the San Ysidro border, but it was a catch and release no finger prints were taken. He then entered in 2002 EWI, and has been here since then. In 2005 we got married and 3 months after i petitioned for him since i am a US citizen. Everything seemed to be working well, we got the I-130 and I-212 approved. when we applied for the I-485, it was denied. Our lawyer then filed a MOTIC motion to reopen the I-485 and this was also denied in November 26, 2007. Now our lawyer is going to submit the I-601 waiver and hardship letter i wrote together with our approving I-130 and I-212 to the CDJ consulate. everything was well until the denial og I-485 which was mainly because of his EWI. My husband has no felonies or anything on his record. I would greatly appreciate if someone can help me with this... is there a good chance that the waiver would be approved because of the other approved forms we have?
Laurel: Assuming you have all the facts of the case correct, get a new lawyer. An EWI who entered after 2000 can't adjust through family and neither an I-212 nor an I-601 fixes that. He doesn't need an I-212 as he was never deported. I'm concerned that the I-212 was approved as that suggests maybe it was a deportation previously and he has 9C ineligibility. In any case, there's a lot that sounds messed up in what you described above. Its possible that you don't have the facts of the case quite right because it doesn't make sense that the I-212 would be approved.
Cal: Laurel, have you had any I-601 waiver cases approved in Moscow? If you have, how many cases have you helped approved? If you have NOT had any cases approved, what is that makes it difficult to get approved in Moscow?
Laurel: I've had one case go through Moscow so far and it was denied, but its not a good indicator as it was a deportation absconder case. I have another about to be filed.
salsa: Do you think a mexican that becomes a USC and files a waiver for his mexican spouse has less of a chance of being approved than us "white girls" applying for our mexican spouses? my neighbor is in this situation and I wonder if it is worth it for them to try.
Laurel: Depends on how old they were when they entered. A Mexican who entered the US as a child and grew up here probably has the same chance of getting the spouse's waiver approved as someone who was born here. And I'm just looking at age at entry, not age at naturalization.
Laurel: Last question
plane-jane: I filed an I-130 for my son and it was approved recently( I am an LPR and reside in USA while my son resides in Europe). In terms of how soon he will receive his visa, should he get legally married to his fiancee now or wait until he gets his visa first. Thanks
Laurel: Off the top of my head, I don't think there's a category for married child of an LPR, so if he gets married before you naturalize, he doesn't have a category and the I-130 is void and when you naturalize you have to file a new I-130 with a new priority date. When you naturalize, it won't "revive" the old I-130 because there would have been a break when he didn't have a category.
Laurel: That's all for this week. I'll see you all next week. The new lawyer starts next week. I'll be doing consultations again the week after, which is the second week of January.
Laurel: When you type to the chat, I can view what you’ve written, but it will only be visible to everyone in the main window if I post it. I will not have the opportunity to answer every question. I prefer not to answer questions I’ve already answered, when asked by someone else.
Laurel: There's like no one here
Laurel: Salsa, I got your email over the Christmas break. I'll be replying today.
Laurel: LauraFern does not work for me, ya'all
laurafern11: From JLG: A followup question to something Laurel mentioned in a chat a few weeks ago: she said that on AOS/EAD paperwork, admitting to previous use of a fake SSN is beginning to carry more serious consequences. How serious are the consequences, how often are they cracking down in situations like this, and will it result in denial of AOS?
Laurel: Its still kind of a gray area. Admitting to fake use of social could result in criminal proceedings, which for your immigration case means you need a criminal waiver, but reports are sporadic on the enforcement of this particular transgression of the law. If it is enforced uniformly and strongly, most aliens who might otherwise be able to "come clean" will be forced back into the shadows and will continue using the fake social, which doesn't really solve the problem of people using fake socials.
salsa: Great! I didn't expect a quick reply. You deserve a holiday break too!
Laurel: Thanks.
laurafern11: From E4Love: We were one month sort of the two year mark for being married, so they gave us the conditional green card. My husband wants to apply for citizenship does he have to wait 2 years for the conditions to be lifted and then have to wait another 3 years to apply for citizenship? I just wondering when the three year wait starts ticking for getting USC-ship, does it start now or after the conditions are lifted IF so that would be 5 years no different then someone not married to a USC?
Laurel: The 3 years for citizenship starts from the date conditional permanent residence is granted.
laurafern11: From Kgarrid - I'm the one whose husband had 3 checkmarks on his I-601 waiver letter from CDJ and I have 2 questions...
1) I submitted more evidence and also contacted senator in my state - Have not heard anything yet - Daughters had surgery back on 12/13 - Asked for expedite on 12/3. I wrote a letter to the senator and explained the speeding ticket and warrant for his arrest - I also explained the more evidence requested - but I did not mention the 3rd checkmark which was the "IRREGULARITIES ON THE INFOPASS SYSTEM" - Was I supposed to explain that as well? Due to the new appointment process does it matter anymore? I also did not explain that part when I sent more evidence to CDJ back on 11/08? Just worried!
2) Since my medical extreme hardship is the presence of a brain tumor - my doctor is looking into a possible removal early next year - I want to send another letter, but I dont know how much more evidence I can turn in and if they will consider that as an expedited case? Your thoughts?
Laurel: I would submit evidence of the brain tumor as soon as possible regardless of what other evidence you've submitted in the past. Normally, you don't want to be sending in multiple amendments to an existing packet, but this is a situation where you would.
Laurel: Don't worry about not having mentioned the InfoPass irregularities.
laurafern11: From Hannah - Does the Consulate keep records of the visas or border crossing cards issued to non-immigrants and for how long? Would they have any records of one from 1992?
Laurel: Its in the Department of State computer, so yes. It should go back further than '92, but I don't know how far.
laurafern11: From Hannah - Does the Consulate keep records of the visas or border crossing cards issued to non-immigrants and for how long? Would they have any records of one from 1992?
Laurel: Its in the Department of State computer, so yes. It should go back further than '92, but I don't know how far.
Klame1983: Laurel, my husband was stopped by the police this past weekend and cited for no drivers license. Will this be a problem when filing the I-601 in Honduras? Would it only be a problem if he had been arrested? Thanks.
Laurel: It probably won't be a problem, but be sure to bring all records. CIS is toughening up on the 'no drivers license' issue, but for now for the 601s abroad I'm going to say its still not that serious. Subject to change without notice.
salsa: How can you not get pilot program approval when the USC has a BRAIN TUMOR! That is crazy.
Laurel: Salsa, as soon as they find a reason to refer, they stop reviewing the packet
Klame1983: Laurel, What records should I take, he wasn't arrested? Only fined $150.
Laurel: Klame, contact the agency that has the records and ask for proof that the fine has been paid and what the fine was for.
Laurel: FYI, everyone, I am on a reduced schedule this week because my son's school is out, but I will be doing some work, mostly from home.
Laurel: Everyone, my sister Rachel has started working for me. She is handling the bookkeeping. You may get an email from her if you have any account issues, for example, if your automatic payments through PayPal are not set up yet. She's working on that now.
Jessica: My husbands friend came to US with a visa (his parents had a clothing store so he would come to do some shopping) eventually he decided to stay. He married a LPR but for soem reason never did the AOS. He was pulled over and charged with a DUI and last time he went to court the judge told him that h
Laurel: Depends on the type of visa, but he should be able to adjust. A single DUI should qualify for petty offense exception and probably won't trigger medical grounds of inadmissibility on an in-country medical.
Laurel: In CDJ it might trigger medical inadmissibility
Laurel: He probably can't adjust until his wife naturalizes
Jessica: My husbands friend was pulled over and charged with a DUI, he came with a visa and hiw wife is an LPR but never did teh AOS. When he went to court was told by the judge that if his became a USC he could stay but since the recent increase in usc application she was not able to do it yet. whats the pr
Cal: Good Morning Laurel, How's your X'mas? Given the following facts for extreme hardship, what what are the chance of having 601 waiver approved in Moscw AND pls states the reasons why, your feedback & recommendations: (1) My mom is given 40 hours/month of hiring a caretaker and I'll ve the one taking
Cal: correction: my mom is given or APPROVED 40 hrs/month BY THE STATE to have a care taker.
Cal: Extreme Harships: (1) My mom was approved for 40 hrs/mo.by the state of California for caretaker & I'll be the caretaker & my name will be listed on the application. (2) I'm Asian & there are Skinheads in Russia attacking blacks/Asians/minorities.
Laurel: Cal, is your mom the caregiver for your kids or will you be named the caregiver for your mom?
Cal: (3) My wife in Moscow is 2 mos pregnant (4) I'll be sending money to support (5) I worked 6 months this year & earned $25,000. I'll work part-time in 2008 cuz i'll probably make 3 or 4 trips to see my wife next year
Cal: (6) I got a AA degree & will re-enter University this year to finish my 4 yr bachelor & then go for my Master. Is this a good reason for extreme hardship due to disruption of my study. (7) I've been having anxiety, sleepless nights, feel immobolized, unproductive, for worrying about whether or not
Laurel: Cal, I was confused about the caregiver stuff with your mom. Is she the caregiver for your kids or are you her caregiver?
Cal: My mom has conditioned where she needs a caregiver. I will be assigned the caregiver to take care of my mom beginning Feb 2008. This caregiver will be paid 40 hrs/ month by the state. So I'll be receiving checks for taking care of my mom. How helpful is this as a reason for extreme hardship? Will it get the waiver approved?
Cal: Does it help to file K3 in addition to CR1? Can I apply for any kind of waiver for K3? If I can, what is it? Does it make sense to file CR1 and K3 because K3 interview will come up first. Will this help at all?
Laurel: Cal, because of recent issues I've had with NVC, I'm currently recommending that everyone go for both immigrant visa and K3.
Laurel: Yes, you can file I-601 with K3
Laurel: Cal, what's your wife's ground of inadmissibility?
deleons: hi laurel how are you it's your client from new york the de leon's......................... question now that you've sent the upgrade im freakin out about immigration coming to my house to pick hubby up is that posible?
Laurel: DeLeon, don't freak out about that. Its LESS likely to happen with the upgrade than before as now its clear that your husband is closer to leaving voluntarily
jnel00: Good morning Laurel, I wanted to ask you what you recommend that I do to check more in depth on my husbands I601 waiver filed @ Juarez 11-8-06? I thought that he would be home by now any suggestions?
Laurel: Jne, has the 601 been decided?
jnel00: Ok here is my husbands situation came EWI to US 1994 and left 2006 when we went to appt, No criminal record,Fingerprints are done and I still dont understand why the consulate told my husband 6-9 months and then we are past the 1 year mark and still nothing,this is so frustrating, Can I fax something?
jnel00: nothing in the system yet
anothermar: That is different between a CR1 Visa and a IR Visa?
Laurel: Another, A CR1 is conditional and you have to apply to remove conditions of permanent residence after two years. If you get divorced in that time, it becomes more complex. IR1 does not have this requirement
anothermar: my 601 has been approved on Nov. 10, received the 20th of November and I have been calling the 202# and not in the system
anothermar: what are the conditions for?
Laurel: Jnel and Another, mail some inquiries. Get your Congressman involved if need be.
Laurel: Another, "conditions" have to do with real marriage. After two years you once again have to prove real marriage.
anothermar: Thanks, I will call again since it will be 6weeks this Friday and I will contact my Congressman.
jnel00: thank you for your suggestions, rumors said that nothing is moving too quickly with us backloggers because 08 is a election year????
Laurel: Jne, I don't think it has anything to do with the election
anothermar: ok, real marriage huh? well what can I do now so that can be a IR visa instead of CR1?
Laurel: Another, if you've already been married two years at the time the I-130 is approved, you get IR1 instead of CR1
salsa: I thought you got IR1 if you had been married two years at the time the visa is issued, that is not true? Our I-130 was approved only a few months after our marriage, but by the time hubby gets his visa, we'll be more than two years married. Which visa will they issue to him?
Laurel: Salsa, I think the law isn't clear on this and the consulate has been somewhat inconsistent. Usually they'll give IR1 if the marriage is two years old at the time the visa is issued, but I usually tell people the more conservative timeline
kgarrid has left.
Laurel: On the CR1 vs IR1, if you're abroad and they give you the visa, just take it. Don't argue. Get in the country.
Jessica: My friend came in with a visa and eventually married an LPR but never AOS. He was charged with dui and was told by the judge that if the wife became a usc before jan he wouldnt have to leave, whats the next step when he leaves in jan?
Laurel: Jessica, how far is the LPR from naturalizing. Your friend should've asked for a continuance. Sounds like he'll need a foreign-filed waiver at this point. It doesn't sound like the case was handled well. did they have a lawyer?
Jessica: The lawyer had advised them of that before the court date and they started the process but with the increase of applications she has not even taken the test yet, what are the options for them. They have a baby as well.
Laurel: Jessica, the lawyer should've asked for a continuance until the natz was approved.
Laurel: Jessica, has an I-130 been filed?
Laurel: Jessica, if the lawyer asked for the continuance and it was denied, well she did what she could. Some things are beyond the lawyer's control.
Jessica: Yes she did ask for it but it was denied, now after he leaves what does the wife need to do to bring him back after shes a usc
Laurel: Jessica, has the I-130 been filed?
Jessica: I don't think they have filed anything, I guess they were hoping she would become a usc before he actually had to leave.
Laurel: Jessica, they need to get started on pre-waiver procedure. See my YouTube video on pre-waiver procedure.
Jessica: Will he have to leave anyways?
lauram: Laurel I called the number to schedule my appt to submit the waiver and the automated system mentioned being able to make an appt on the web at usvisa-mexico.com, do you know if this also applies for I601 or other forms?
Laurel: Lauram, I haven't heard this.
Laurel: I'll look into it
lauram: ok thanks
HANNAH19: Hi, Laurel this is the first time I actually make it to the chat!
Jillian_Teresa: Hi! This is the first time i have been here. I was wondering if my husband does indeed get his visa on Jan 16th...the day of his infopass, can we change the conditions. Since we sent in our other forms in before we were married for two years we will be getting a CR1 visa. I believe is what it is c
lauram: My husband who is the one petitioning me , was referred to a psychiatrist for consult and he was diagnosed with anxiety and depression, he was also referred to a psychologist for consult and medication but the appt for the psychologist isnt until after the visa interview, would be ok to include that
salsa: True! I will be thrilled with any visa they issue!!!
anothermar: thanks, it's lunch time
anothermar has left.
Laurel: Everyone, unless the depression is SEVERE, it is normally not considered an extreme hardship. I rarely send my clients to a psychologist.
hry: my friend came ewi through canada and married an LPR who will become citizen next year and they have not appied as yet. Is it advisable to apply I-130 now or wait untill she become citizen? I guess he will have to leave the US for his visa and the extreme hardhip case, the LPR is a registered nurse
Laurel: HRY, is your friend Canadian? What country?
hry: both are indians
Laurel: Hry, they already have a weak case if the qualifying relative is from the same country as the alien, having entered as an adult. They might as well file I-130 now, but I can tell you right now its going to be hard to get a waiver approved for them.
hry: so what can they do to get immigrant visa?
plane-jane: Hi. My son's I-130 was approved recently. He is over 21 and lives in europe while I am an LPR and reside in USA. However, my son is engaged. What is the best thing for him to do relating to his obtaining a visa: to get legally married or to wait to legally marry his fiancee until after he receives h
lopay: Hi, hope you had a good Christmas. I talked with you last week and since then I spoke with CDJ. We were told in July that my stepdaughter would need an I-212 and in Nov we were told it would take 18 months to process it. We haven't filed it yet. Her ban ends Oct 2008, so we figured that there wa
Laurel: I'm going to turn Moderator function back on. If I haven't answered your question, please retype AFTER I turn Moderator back on
Laurel: Its on
Laurel: If I havent' answered your question, please retype it
lopay: Hi, hope you had a good Christmas. I talked with you last week and since then I spoke with CDJ. We were told in July that my stepdaughter would need an I-212 and in Nov we were told it would take 18 months to process it. Her ban ends Oct 2008, so we figured that there was no point in filing one. I called CDJ and asked if I needed to refile my I-130 to get another appointment because that's what my old lawyer always had me do. He told me that I had to refile my I-130 to get another appointment. A friend of mine called me and told me that wasn't right and had me call the national visa center. They told me there was no point in filing the I-130 because it had already been approved and that I just needed to call CDJ and ask for another appointment. They said that because of the time it takes to get another appointment, I should go ahead and do it now and it would be very unlikely that I would get one before her ban date ends. Questions: how do I get an appointment? I called and CDJ told me to do something wrong, so do I call again and call him on his mistake? 2- does this seem like a good plan of action to you?
Laurel: Whether or not you should need to file a new I-130, its probably the easiest way to handle things
Laurel: File the I-212 because they might try to use 2003 as the start date of the 10-year bar.
flower22: I asked you this question last week but I had not provided all the info to you. So, my hus came with fraud/misrepresentation. We are up for an interview in midJanuary. We are doing an in country waiver. My hus has worked for one year with his ITIN #. (it was accepted by his employer). Will we have problems for that, is there any section of law that can protect us for this?
Laurel: Using the ITIN, in itself, does not make your situation worse. Now, its possible that he wrote some other stuff on his I-9 that could be an issue, but what you've written does not necessarily indate any worse problems.
Cal: My wife ground for inadmissability is unlawful presence for over 3 yrs & is possibly be subjected to 10 yr bar. She came to the US on J-1 visa with D/S status but applied for change of status to tourist visa but was denied.
Laurel: Ok. I think you've got a good shot at getting your waiver approved from the arguments you listed. Some of your arguments are good and some are not. Don't bury your good arguments in not-so-good ones. With a good presentation of your case I'd give it a 90% chance of approval, but don't take this to mean you can 'rest' on the facts of the case. You need to prepare a convincing packet.
Jessica: Laurel will he still have to leave the country or is there any other way he can stay until his wife becomes a USC and does his AOS.If not what are the options for them?
Laurel: Its too late. Getting the deportation case reopened now is nearly impossible. He should comply with the deportation order (actually, I bet he got Voluntary Departure, but whatever). He needs to start the pre-waiver procedure and prepare to file a waiver. They're already wasting precious time by not having filed the I-130. The wife needs to naturalize as soon as possible. I know she filed and stuff, so she's doing what she can with that.
hry: are you telling me the indian guy has no chance to get his residency?
Laurel: I wouldn't say 'no chance', but it will be an uphill battle.
cm21om25: Laurel, when writing the letter, I have put about my husband going to school towards being a doctor, Should I put exactly what classes he is currently taking? I just put so far that he is going to school and will graduate in February or March with his Bacherlors degree, then he was going to go Medical School up here. Is that good enough or should there be more?
Laurel: The "letter" should just mention it, but we'll include a transcript to show exactly what classes he's taking. The qualifying relative's letter should be from the heart and should not go into that kind of detail. The brief should organize the supporting documents and only go into that kind of detail when its necessary to point out that detail for a particular argument. But neither the "letter" nor the brief should do the work of the supporting documents.
lopay: Is that why my old lawyer always had me send in my I-130? the lady at the visa center told me that I had been working of the same I-130 since 2004. My daughter is now 21, if I send in another I-130, could they somehow mess it up so that she loses her child status protection?
Laurel: Oh, good point about her being over 21 now. Ok, work from the old I-130. Ask the consulate for a new interview.
Cal: You said it's best to file CR1 & K3. In my wife's case with her J-1 visa with D/S status, she may not be subject to a 10 yr bar if the immigration didn't notice she had a change of status to tourist visa that was denied. If she gets K3 approved, I heard that when she comes to the states & change her status to CR1, there's a greater risk of them finding out her change of status to tourist visa that got denied. Therefore, she will have to apply for a waiver & be sent back to Russia for interview. Is this true?
Laurel: There's a possibility of the consulate discovering the issue and a possibility that CIS would discover it when she went to adjust status. But if the consulate "misses" it and issues a K3 and then CIS says she needs a waiver when she goes to adjust status, at that point she would be able to file here without going back to Russia as her last entry would have been valid, even if it was based on error of some sort.
hry: whats the best choices they have?
Laurel: I don't have enough information to say. I would have to consult with them and evaluate the entire case as a whole.
lopay: She doesn't have a ten year bar, she just had a removal. there was no illegal time here because she was under 18 when everything on her record happened. I've been to CDJ twice about her and they have never said she had a ten year bar, just a five.
Laurel: I think we talked about this before. While a child under 18 does not accrue unlawful presence toward the 3/10 year bars, there is no such exception carved out for deportations that occur before age 18. A child under age 18 who is ordered deported is banned for 10 years. An expedited removal is five years (except for VWP where its 10), rather than 10, but what you described does not sound like an expedited removal. An expedited removal with 5-year bar would occur within 100 miles of the border. You probably wouldn't appear before a judge.
Susan12: Is it necessary (or a good idea) to have a Mexican birth certificate translated for the appointment in CDJ? And other documents that are in Spanish?
Laurel: Documents submitted at the consulate for consular processing do not need to be translated if they are in the language of that country. Documents submitted at the consulate for the waiver do need to be translated. Documents submitted to NVC for consular processing need to be translated.
cm21om25: Laurel if one came in on a conditional permanent resident card and their 2 yr marriage anniversary was only 2 months away is there a way to remove the conditions then or does one have to wait until the 2 yr conditional resident card anniversary?
Laurel: You have to wait the two years from the time the card is issued.
Cal: You said I have good and bad arguments and you'd give 90% chance of approval. What are the good arguments? thank you.
Laurel: Read my memo on waivers. There's a link on my website.
amy: A few weeks back my husband asked a question regarding his misrep at the border at age 16 with a USC birth certificate (not at his own will) He was caught and we were under the impression that because of the USC birth cert, he would be ineligible to be admitted to the US again. Last week's memo from CDJ seems to indicate that there may, in fact, be a possibility for him to eventually file a waiver and immigrate as my spouse. 1) Does this seem true to you? 2) How can we find out whether or not this incident at the border counted as a deportation?
Laurel: I haven't read the memo. I'll take a look.
SDEB: my brother was charge a misdemeanor drug charge and was deported. what are our chances of bringing him back? What must be done? He was a perm. resident.
Laurel: If the drug conviction was for anything except simple possession of marijuana, there's nothing that can be done. Period.
Jessica: so she would have to go thru the same process and my husband and I (husband ewi'd) and his friend entered with a visa ?
Laurel: Yes
lopay: this is for mgarcia: he entered the US in 2001 and was caught at the San Ysidro border, but it was a catch and release no finger prints were taken. He then entered in 2002 EWI, and has been here since then. In 2005 we got married and 3 months after i petitioned for him since i am a US citizen. Everything seemed to be working well, we got the I-130 and I-212 approved. when we applied for the I-485, it was denied. Our lawyer then filed a MOTIC motion to reopen the I-485 and this was also denied in November 26, 2007. Now our lawyer is going to submit the I-601 waiver and hardship letter i wrote together with our approving I-130 and I-212 to the CDJ consulate. everything was well until the denial og I-485 which was mainly because of his EWI. My husband has no felonies or anything on his record. I would greatly appreciate if someone can help me with this... is there a good chance that the waiver would be approved because of the other approved forms we have?
Laurel: Assuming you have all the facts of the case correct, get a new lawyer. An EWI who entered after 2000 can't adjust through family and neither an I-212 nor an I-601 fixes that. He doesn't need an I-212 as he was never deported. I'm concerned that the I-212 was approved as that suggests maybe it was a deportation previously and he has 9C ineligibility. In any case, there's a lot that sounds messed up in what you described above. Its possible that you don't have the facts of the case quite right because it doesn't make sense that the I-212 would be approved.
Cal: Laurel, have you had any I-601 waiver cases approved in Moscow? If you have, how many cases have you helped approved? If you have NOT had any cases approved, what is that makes it difficult to get approved in Moscow?
Laurel: I've had one case go through Moscow so far and it was denied, but its not a good indicator as it was a deportation absconder case. I have another about to be filed.
salsa: Do you think a mexican that becomes a USC and files a waiver for his mexican spouse has less of a chance of being approved than us "white girls" applying for our mexican spouses? my neighbor is in this situation and I wonder if it is worth it for them to try.
Laurel: Depends on how old they were when they entered. A Mexican who entered the US as a child and grew up here probably has the same chance of getting the spouse's waiver approved as someone who was born here. And I'm just looking at age at entry, not age at naturalization.
Laurel: Last question
plane-jane: I filed an I-130 for my son and it was approved recently( I am an LPR and reside in USA while my son resides in Europe). In terms of how soon he will receive his visa, should he get legally married to his fiancee now or wait until he gets his visa first. Thanks
Laurel: Off the top of my head, I don't think there's a category for married child of an LPR, so if he gets married before you naturalize, he doesn't have a category and the I-130 is void and when you naturalize you have to file a new I-130 with a new priority date. When you naturalize, it won't "revive" the old I-130 because there would have been a break when he didn't have a category.
Laurel: That's all for this week. I'll see you all next week. The new lawyer starts next week. I'll be doing consultations again the week after, which is the second week of January.