Laura
01-02-2008, 04:12 PM
Laurel: Good morning
Laurel: Just a sec. I need to open up my standard disclaimer.
Laurel: 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 are no questions so far
Laurel: I did have a chance to review that CLINIC "memo" (not really a memo). Interesting stuff about the false claim of citizenship under age 15. Good to know.
ANN30: During the AOS interview that involves a waiver for misrepresentation (using someone else ID to get here), when is the waiver decision made? Will the interviewer automatically know to ask for the waiver?
Laurel: For in-country waivers, there's a lot of variation depending on who the immigration officer and how familiar he/she is with the process. The immigration officer can (maybe should) make a decision at the interview on whether to require an I-601. He/she can and sometimes does adjudicate the waiver on the spot if the applicant has it there and/or if the applicant submitted the I-601 with the original AOS packet.
HANNAH19: If I am requesting info for my husbands border crossing card is there a certain document I should ask for?, that can help us adjust his status in the US?
Laurel: You mean he lost it or what? If so, include an I-102 with the AOS packet. It'd be great if you have a photocopy of the old BCC. If not, just include all the info you can. A record of the BCC should be in the Department of State database and CIS can confirm that he used to have one.
pedi: Hi Laurel. I typed it my question before use logged in. Did u receive it?
Laurel: no
lady: Good morning Laurel, My husband(EWI) has a denied I-485 that we mistakenly filled. We started all over again and filed a whole new I-130 and plan to file a I129 through CDJ. Will his denied I485 cause him to be backlogged in CDJ? Also we filed the I130 in Aug/early Sept and have not received a NOA1 yet, should we wait for the NOA1 or try to send the I129 with other evidence?
Laurel: File the I-129F immediately. The denied I-485 may (a) cause you to get a Notice to Appear, and (b) cause lengthy delays with your I-130.
lopay: too bad they will not consider other stuff, like a child not going to a deportation hearing, under the same mind set..
Laurel: There are a lot of things about immigration law that are too bad. But for the moment, we will take any break we can get.
miammize: Happy New Year everyone! Laurel, back in November I sent you a copy of my waiver packet and denial reason, you said it "was the worst packet you've ever seen". You advised me to call/fax/email the consulate and request a second appointment. I've been trying and no luck yet. Each time I call the 900 number or the consulate they keep telling me the denial is not on the system yet. What do you suggest? You asked me to contact you after the new year, when will you be availabe for consultation?
Laurel: I start doing consultations again on Monday. I have a new attorney starting tomorrow.
RE: Back at the end of Nov my husband got his K-3 Visa thru CDJ and we have already sent in his application for EAD and AOS. We have not heard anything yet, but it has only been a few week. My husband is bored to tears sitting at home waiting on authorization to work. We are wondering if it is possible for him to enroll in a community college and "get educated" while waiting. Was not sure if the K-3 visa allows this or not. We have come to far to screw things up now.
Laurel: Taking classes while on K3 should be fine.
helpless: Hi Laurel, i have submitted my waiver i601 and i212 at Islamabad and got denied at Rome. Now I want to refile but I am not sure if Rome accepts refling or not? Or should I start all over again with a new visa petition?
Laurel: Refiling has to be done at the consulate. You can't refile directly with the CIS office. Ask the consulate if they will allow you to refile your waiver without filing a new petition (I-130).
rinner817: Laurel: My husband entered the US EWI in 1999. He has had no other entries. Has a Misdemeanor charge in 2006 for Domestic Battery. He completed all his probation, and his 26 week batterers intervention class. We have two children together. What is his chances getting approved for the i-601 on immediately at CDJ?? My father has MS and we are currently helping my parents financially, I also am working as a Financial Advisor that requires state licensing that is obvisouly specific to the US. I also am looking to attend grad school to get my MBA. Lastly, I have been having issues with High Blood Pressure since my last pregnancy that resulted in delivery 4 weeks early. Are these arguments strong enough to support my waiver?
Laurel: CDJ takes domestic violence seriously. Your husband's conviction is still fairly recent. If he were already abroad, you would have nothing to lose by going forward. But right now it sounds like it may be a bit soon for you to voluntarily attempt this process. I'd rather see a few more years since the last arrest. If you do this now, you still may be approved, but it’s very likely your case would get referred.
Laurel: Jenny, yes I'm taking Guatemalan cases.
laurafern11: Only one from me today - Hannah19 from the forum is trying to get a copy of her husband's old border crossing card from the State Dept. I think. She is wondering if there is a certain document she should be requesting, and say she can get some evidence that the card existed, how she would handle that on the AOS paperwork? Sort of a vague question.. sorry. I guess no one really has dealt with this on the forum before.
Laurel: Answered above
Melissa: Hi there Laurel.....I have a question about "history" about drug usage....my huisband was arrested and detained earlier this year and during his few hr stay they asked him questions about his sexual orientation, r u in a gang, do u use alcohol, have u every been with a man, just really basic questions like a survey....well when asked about using drugs he said I use to use, or sometimes use marijuana on occasion....is this considered "history" and will need to show 3 yrs rehabilitation? He has never been charged or caught with anything....he is a very casual user but has not used in 1 yr
Laurel: He should show three years rehabilitation and there's some risk that he will be found inadmissible on criminal grounds for confessing to the essential elements of a crime. Interesting information about them asking about his sexual orientation. Haven't heard that one before.
laurafern11: Okay, Hannah asked her own question, that means I've got nothing!
Laurel: ok
angela256z: Hi Laurel...My question is...Do you know if USCIS are following the time line of I-130 or I-129F when a person is applying for a K3? Like I sent my 130 in July and 129F in Sep. Should I now be following the 129F timeline for estimated approval? I noticed on the VJ fourm that people are getting approvals on both at the same time, but I am not sure if I am now stuck in the 129F timeframe or 130 timeframe. What do you think?
Laurel: The petitions may be approved at the same time or I-130 may be approved first, but for the moment, immigration visa cases are taking longer to pass through NVC and get scheduled for an interview in CDJ. This may change before summer.
HANNAH19: He lost it back in 92 and he has been here since, we were going to go the CDJ route but I heard you can adjust status in the US if you can prove he entered legalLy but overstayed, which is what happened to him, the only thing is that we don't have a copy or proof that he had one, that is why I'm requesting info on it . What should I ask for?
Laurel: I would try adjusting status. Just be sure to file I-102.
cm21om25: Laurel, in your opinion how long do think it takes from when the Juarez Consulate receives the I-129f petition for a K3 visa to the interview?
Laurel: About three months. Give or take.
lady: My sister in law has her appoinment in CDJ the end of this month for her husbands visa. She washed her birthcertificate (totally illegable) but recently ordered a new one expediated. If she does not find her new one can he just take her passport instead.
Laurel: yes
miammize: Do you have any idea on how long it takes CIS to report denials to the consulate? Besides faxing, and sending certified letters, are there any options to request second interviews?
Laurel: The consulate should have the denial entered in their computer within 30 days usually. Faxing and sending certified letters is fine. I think you can also now use the 900 number for that.
pedi: I know someone who was a B2 overstay and has been here for 25 years. He obtained a DL and SS number when he first arrived. Last year, when he tried to renew his DL, it was denied because he was out of status. Two DMV employees made a signed statement that he falsely claimed to be USC. He was charged with forgery but was eventually dismissed with prejudice. During this time he filed for AOS as marriage to USC. His case was adjudicated recently and the arrest record was disclosed and he was given a conditional GC with no problems whatsoever. I-130 and I-485 do not ask if u ever flasely claim to be USC. But N-400 does. The question is, Does falsely claiming USC to a state employee be grounds for inadmissibility/deportability? Is obtaining a DL considered an immigration benefit?
Laurel: DL is not an immigration benefit and that's why a false claim of citizenship in order to get a driver's license will not bar the adjustment. But, for everyone's information, employment IS an immigration benefit and the standard employment form I-9 is an immigration form.
susan12: What about taking classes on a K-1 Visa? Could that
Laurel: Should be fine. Its really the B visa and visa waiver where there are a lot of issues about taking classes.
lady: How can I file the K3 with out the NOA1 ? I have been waiting for it since August. So you think he may get a notice to appear but do you think his waiver will be also backlogged in CDJ?
Laurel: Get a copy of the cashed check or money order you used to pay the filing fee for the I-130. It has the receipt number for the I-130 on the back. Use that when you file the I-129F. Having filed an I-485 previously should not automaticall result in your I-601 getting backlogged in CDJ.
Lynette: Good morning, Laurel. I did have a question I was just thinking about last night. As u know, hubby was approved in CDJ and has received his SSN. How do I handle doing his taxes? Do I do them with his new SSN although he worked the entire year under a non-existant SSN? Or do I do them this year with the ITIN and next year with the real SSN (since he will have worked with his real social in 2008)?
Laurel: You've got a social now. Use it on the tax forms. Contact the social security administration to have his previously-paid social security taxes transferred to his new social security account.
Melissa: what is essential elements of a crime?
Laurel: Posession of marijuana.
HANNAH19: If I do get a photocopy or proof that he had one how will that help me adjsut status in the US?
Laurel: Makes it easier to get the I-102 approved without delay. If you can prove he entered legally, he can just do a simple adjustment of status without waiver. See my YouTube video on simple AOS.
HANNAH19: What is the 1-102?
Laurel: Application for a new I-94.
rinner817: Laurel- when you say his case most likely will get referred, do you mean backlogged? Is it likely to be approved after being backlogged? I am trying to decide if being backlogged is worth more than just being in the "shadows" for several more years.
Laurel: Since Pilot Program started in CDJ, referred = backlogged. Whether its likely to be approved depends on all the facts of the case.
miammize: I tried the 900 number today and they said they don't schedule appointments after denials, they said I need to follow the instructions in the packet and appeal.
Laurel: *sigh* I'm not going to say the things I'm thinking right now ....
Ok, you need to know what to do ... just send the fax or letter. Ignore what they told you when you called.
rinner817: Laurel- My husband's parents were approved last year for their visas to vist the US. They came last summer and spent 6 weeks here. It was wonderful! I know that in the VIsa application it asks to list all family members that are already in the US. I am almost positive they did not list my husband that EWI'd in 1999. WIl this discrepency come up if my husband starts his paperwork...and will this jeopordize his parents visas?
Laurel: Probably not a big deal. I would prefer if they hadn't done that, but its very unlikely to be a problem.
susan12: Is it necessary to get a doctor's letter when documenting medical issues in the HSL? Or would it be sufficient to include medical records as documentation if a doctor's letter is not available?
Laurel: It depends on the situation really. I get doctors' letters probably 90% of the time.
lopay: question for Mgarcia: we have been talking about her case for the few days. Timeline: 1991 issued a tourist visa, 1998, passport was stolen police report filed; Mexican consulate would not give him another passport; 2000 attempted to ewi but was caught, apparently it was a deportation instead of catch and release because they have an approved I-212 but she is not sure that it was actually a deportation; Ewi'd again and was made it; married mgarica in 2005, they filed an I-130 and an I-212 both approved; government sent them a letter saying they can AOS: AOS is denied saying they couldn't read the copy of the visa, they sent another copy and it still wasn't clear enough. She says they have never lied. Her lawyer sent the I-601 waiver packet to CDJ. Any thoughts? why would it matter if he had a valid visa when he EWI'd the second time? And what are the chances of the approving an I-212 for something that never happened?
Laurel: There are lots of questions of fact in this case. Start with an FBI fingerprint check to find out if it was a deportation.
lady: Due to the receipt notice delays many of us have been waiting over 3 months for NOA1's. The check has not been cashed yet and the USCIS website shows they are working on NOA1's from mid August.
Laurel: It is cause for concern if the check has not been cashed. Wait another few weeks and if its still not cashed, you might want to cancel the check and refile.
Melissa: well that is silly since he said he used it, I guess everyone has to have some posession at some point in order to use it....
Laurel: He probably won't run into this problem, but rarely, such a finding has been made at the consulate. Not so much in CDJ.
susan12: Will use of a fake SS# prior to waiver approval effect the AOS process when going the K-1 route?
Laurel: Unlikely to be a problem. They are cracking down on fake ss# use now, but for the moment you should be alright.
helpless: How long will it take to approve I130 again if the consulate asks me to file a new I130?
Laurel: Processing times for I-130 are posted on the CIS website. But more important than CIS processing time is NVC processing time, which is not posted. It could take several months just to go through NVC, whereas it used to take just a few weeks.
Melissa: he was never arreseted and charged with posession, they just asked him do u use drugs...and he said I smoke it on very few occasions
Laurel: And you have to have it in your posession to smoke it ...
angela256z: What happens if a person on the Affidavit of Support changes jobs before the interview in El Salvador. My cousin is going to sponsor her nephew so they have started filling out the I-864 (i think that is the number) and it should be mailed in soon, but by the time he has his interview in El Salvador she may have another job. Does she just bring an updated one?
Laurel: You don't need to change the I-864 (though if the consulate asks you to redo it, just comply), but you will need recent paystubs and/or job letter.
HANNAH19: So, as soon as I receive any proof of his border crossing card I start to file the 1-485, and then the 1-102?
Laurel: yup
Jessica: I know that the usc is the one who has to prove hardship, but what happens if the immigrants has a life threatning illness and requires a costly treatment and will not be able to afford out side the US, is there something that can be done in this case?
Laurel: Yes, but you have to do some fancy maneuvering to bring that back to being a hardship to the USC.
cm21om25: Laurel, I am not sure if you remember my case but my sister is my biggest hardship, for and her hubby fighting and My mom and I taking both of the kids. Well my situation might change. My sister said she can’t handle her son anymore. So I had asked my mom if I can take care of him over her house, since my grandmother won’t let my nephew live over there. My nephew has ADHD and he is ODD, so he is very difficult to handle. My mom can’t take care of him 24/7. So I am trying to get my mom to let me take care of him over there until my hubby gets back since I don’t have a place to live. He would be my full responsibility. If I do so would that change my situation for better or for worse? I hope I provided enough detail.
Laurel: This will make the waiver stronger
jennym: In those dr. letter should they talk about the country or just stick to the facts about self....my dr asked me what i wanted him to write.
Laurel: The doctor should talk about the following: diagnosis, prognosis, patient's need for assistance, whether the doctor knows who provides the assistance. What exactly to put in may depend on the exact situation. The doctor should NOT use the term "extreme hardship" anywhere in the letter as that is a legal conclusion, not a medical one.
susan12: Any idea how long it should take to receive the fiance packet after it has been sent to the NVC?
Laurel: Two to three months, give or take.
cm21om25: Even though I would be living with my mom?
Laurel: yea, but you're taking care of a traumatized child and probably still dealing with custody issues with your sister and the child's dad. You may some fear of the child's father showing up at your doorstep on drugs and you'd like your husband back to help you deal with a situation like that.
helpless: When will you be taking new clients?
Laurel: Monday
lopay: how would it affect the case if it was a deportation? would that trigger a permanent ban bc of reentry without inspection after a deportation? if it was just catch and release and the I-212 approval is a mistake on the governments part, does the fact that he had a valid visa when he EWI'd? change anything? She says they filled out the forms saying he EWI'd, but the reason the I-485 was denied was because they picture wasn't clear enough but they didn’t say anything about his EWI?
Laurel: If it was a deportation and he came back EWI post 1997, yea its 9C inadmissibility. No waiver. I-212 won't cure it.
Jessica: I guess he would still have to leave the US and how do I maneuver that situation for the immigrants illness?
Laurel: Depends on a lot of things, but if its not CDJ, you might be asking for an expedite. If he's too sick to travel, you should look into other, more unusual options such as Deferred Action or Special Legislation.
susan12: If you prepare the packet, how much lead time do you need? weeks, months.....years?
Laurel: Six to twelve weeks, preferably.
Laurel: I'm eating my lunch and I just spilled stuff all over myself
Laurel: No new questions for the moment.
Laurel: How would you guys feel if I started doing the weekly chat as an online Shoutcast instead?
Laurel: Kind of like a radio show.
Laurel: My big problem is I don't have someone to screen calls for me. I might ask for questions in advance.
Laurel: LauraFern is kind of doing that already anyway.
Melissa: I had a phone consultation about 2 months ago, I just filed my I-130 in November so I have a while before I'm ready for you for my waiver, but I dont want you to be booked up at that time :o)
Laurel: We can enter into a contract now (ok, next week) and start the payment plan and then I'll pick up the case when it comes due.
rinner817: that would be great!
Laurel: So that's one vote yes.
Melissa: whats for lunch Laurel?
Laurel: Spring roles with Thai peanut sauce.
Lynette: As in-voice?
Laurel: yes
Jessica: Kind of difficult for me since I'm at work when your chat is on
susan12: How can I find out the cost of living in Mexico? I have looked everywhere but can't find credible information.
Laurel: Try World Bank? I don't usually use cost of living in MX.
cm21om25: Yeah but I don't think my sister would sign custody of him to me, because she was talking to me last night that if she did that she would be no longer his mom and that she would have to ask to have him. I wouldn't be able to get custody anyways since I have no home and my husband isn't here. My nephew would just live with me but still have insurance through her and she would be able to take him if she wanted to which isn't likely. ??
Laurel: I get it. We would use testimony from several people to confirm that you have possession of the child, even if you don't have formal custody.
laurafern11: what's a shoutcast?
Laurel: Like an online radio program just for the duration of the show.
Lynette: Ok, I'm all for that. It'll be interesting.
cm21om25: What is the status of the payment plans?
Laurel: My sister, who is now working for me, is supposed to be taking care of it, but so far I'm not satisfied with her performance. I will probably wind up handling it myself.
Q: however, if you could still accept e-mail questions and then read them aloud or something, I could screen for you. I would just need a back-up if I knew I was going to be busy during this hour or something... then someone would have to type up the transcript, I could probably still do that, but not at work. I'd have to do it at home and then post it later... just thinking aloud here.
Your question has been submitted to the moderator.
lopay: if it's not a deportation, then the I-212 was never needed. But is there anything that would allow him to AOS even though he EWI'd? does it make a diference if you have a valid visa when you EWI?
Laurel: Why would you EWI if you have a valid visa? That's one of the many things that's odd about the set of facts that's been described to me. If it wasn't a deportation, an I-212 was never needed and the I-212 should not have been approved because its not required. If it was a deportation, he's 9C inadmissible and the I-212 never should have been approved. I don't understand why he has an approved I-212. That's another odd things about the set of facts.
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Melissa: me too I dont think my coworkers would like you shouting at them when we are "working"
laurafern11: So, then people have to actually use the phone to call in?
Laurel: possibly
laurafern11: hmm... that's not so good for us who are at work and can quietly communicate through e-mail/posting/writing
laurafern11: however, if you could still accept e-mail questions and then read them aloud or something, I could screen for you. I would just need a back-up if I knew I was going to be busy during this hour or something... then someone would have to type up the transcript, I could probably still do that, but not at work. I'd have to do it at home and then post it later... just thinking aloud here.
helpless: It means that previously approved i130 does not benefit me if i am asked to file a new i130.
Laurel: right
pedi: A follow-up to my question earlier. If the time comes when he files for N-400. One question there specifically ask if you ever falsely claim to be USC. If he answers no and they find out about the DMV thing, he could be charged with misrepresentation. If he answers yes, that could result in a denial. Any thoughts?
Laurel: He should answer 'no' since it was not a false claim for an immigration benefit. You might want to include an addendum explaining that you are answering 'no' to that question for that reason. You will need to include documentation of all arrests anyway.
susan12: Even if you are trying to prove that the potential earnings in Mexico would not be sufficient to live there and meet financial obligations in the U.S. ????
Laurel: You are only going to use that argument if you are supporting someone in the US, such as a disabled relative. You student loans, credit card bills, and mortgage will not amount to extreme hardship as I'd say 90% of my clients want to use that argument and the more common the argument, the less likely it will be viewed as "extreme" hardship, rather than "ordinary" hardship.
Melissa: Im wondering with hubbys "confession" if I will now need to wait the three yrs....I just dont know how far they would look into that....I mean it was questions he answered in jail....and he doesnt remember if he said he use to use or does sometimes use....
Laurel: In jail or immigration detention. I was assuming you were talking about immigration detention.
laurafern11: mmm... spring rolls with thai peanut sauce
Laurel: mmmm
rinner817: maybe it would be an option if the "chat" was changed to an afterhours.
laurafern11: Melissa - that is funny. I would like Laurel to shout at my co-workers, I'm not sure they would though...
Laurel: Turning moderation off
Laurel: Chat's just about over
Melissa: no this was the county jail
lopay: that's some of the things that we have been talking about. My thoughts are that he couldn't get another passport after his was stolen because they wanted him to prove too many things that he couldn't or that he didn't realize that even thought his passport was stolen, the visa was still good. so
Laurel: I think we're mostly done with questions ...
Laurel: Oh, maybe I was wrong
Lynette: Laurel, the girls have a point. Some are at work while viewing the chat and you wouldn't get as much participation. Maybe after hours like 6pm or something like that would be more doable.
Laurel: Lopay, there's just too many *** issues in the case. Start with FBI fingerprint check. Do a FOIA ... Get some of these questions answered
lopay: if you don't mind this last one: basicly, can he AOS if he EWI'd while his visa was valid?
Laurel: Melissa, he might be ok then
lopay: ok, I'll pass the infomation on to her, thanks
Laurel: I think if I switched to Shoutcast during the day, some people who come now couldn't come, but others who don't come now would.
Laurel: I don't know about doing the chat in the evening. I have kids
Laurel: Maybe
Lynette: not too late.
Lynette: many of us have kids too
Lynette: it's only once a week too
Lynette: it doesn't matter to me. At my job, I have a headset, so I'm set.
Laurel: I already cut into the kids home time with my work
Laurel: And travel
jennym: You gotta have time for the kids!
Laurel: Anyway, something to think about
(random talk about the Friday night chat, then Laurel left).
Laurel: Just a sec. I need to open up my standard disclaimer.
Laurel: 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 are no questions so far
Laurel: I did have a chance to review that CLINIC "memo" (not really a memo). Interesting stuff about the false claim of citizenship under age 15. Good to know.
ANN30: During the AOS interview that involves a waiver for misrepresentation (using someone else ID to get here), when is the waiver decision made? Will the interviewer automatically know to ask for the waiver?
Laurel: For in-country waivers, there's a lot of variation depending on who the immigration officer and how familiar he/she is with the process. The immigration officer can (maybe should) make a decision at the interview on whether to require an I-601. He/she can and sometimes does adjudicate the waiver on the spot if the applicant has it there and/or if the applicant submitted the I-601 with the original AOS packet.
HANNAH19: If I am requesting info for my husbands border crossing card is there a certain document I should ask for?, that can help us adjust his status in the US?
Laurel: You mean he lost it or what? If so, include an I-102 with the AOS packet. It'd be great if you have a photocopy of the old BCC. If not, just include all the info you can. A record of the BCC should be in the Department of State database and CIS can confirm that he used to have one.
pedi: Hi Laurel. I typed it my question before use logged in. Did u receive it?
Laurel: no
lady: Good morning Laurel, My husband(EWI) has a denied I-485 that we mistakenly filled. We started all over again and filed a whole new I-130 and plan to file a I129 through CDJ. Will his denied I485 cause him to be backlogged in CDJ? Also we filed the I130 in Aug/early Sept and have not received a NOA1 yet, should we wait for the NOA1 or try to send the I129 with other evidence?
Laurel: File the I-129F immediately. The denied I-485 may (a) cause you to get a Notice to Appear, and (b) cause lengthy delays with your I-130.
lopay: too bad they will not consider other stuff, like a child not going to a deportation hearing, under the same mind set..
Laurel: There are a lot of things about immigration law that are too bad. But for the moment, we will take any break we can get.
miammize: Happy New Year everyone! Laurel, back in November I sent you a copy of my waiver packet and denial reason, you said it "was the worst packet you've ever seen". You advised me to call/fax/email the consulate and request a second appointment. I've been trying and no luck yet. Each time I call the 900 number or the consulate they keep telling me the denial is not on the system yet. What do you suggest? You asked me to contact you after the new year, when will you be availabe for consultation?
Laurel: I start doing consultations again on Monday. I have a new attorney starting tomorrow.
RE: Back at the end of Nov my husband got his K-3 Visa thru CDJ and we have already sent in his application for EAD and AOS. We have not heard anything yet, but it has only been a few week. My husband is bored to tears sitting at home waiting on authorization to work. We are wondering if it is possible for him to enroll in a community college and "get educated" while waiting. Was not sure if the K-3 visa allows this or not. We have come to far to screw things up now.
Laurel: Taking classes while on K3 should be fine.
helpless: Hi Laurel, i have submitted my waiver i601 and i212 at Islamabad and got denied at Rome. Now I want to refile but I am not sure if Rome accepts refling or not? Or should I start all over again with a new visa petition?
Laurel: Refiling has to be done at the consulate. You can't refile directly with the CIS office. Ask the consulate if they will allow you to refile your waiver without filing a new petition (I-130).
rinner817: Laurel: My husband entered the US EWI in 1999. He has had no other entries. Has a Misdemeanor charge in 2006 for Domestic Battery. He completed all his probation, and his 26 week batterers intervention class. We have two children together. What is his chances getting approved for the i-601 on immediately at CDJ?? My father has MS and we are currently helping my parents financially, I also am working as a Financial Advisor that requires state licensing that is obvisouly specific to the US. I also am looking to attend grad school to get my MBA. Lastly, I have been having issues with High Blood Pressure since my last pregnancy that resulted in delivery 4 weeks early. Are these arguments strong enough to support my waiver?
Laurel: CDJ takes domestic violence seriously. Your husband's conviction is still fairly recent. If he were already abroad, you would have nothing to lose by going forward. But right now it sounds like it may be a bit soon for you to voluntarily attempt this process. I'd rather see a few more years since the last arrest. If you do this now, you still may be approved, but it’s very likely your case would get referred.
Laurel: Jenny, yes I'm taking Guatemalan cases.
laurafern11: Only one from me today - Hannah19 from the forum is trying to get a copy of her husband's old border crossing card from the State Dept. I think. She is wondering if there is a certain document she should be requesting, and say she can get some evidence that the card existed, how she would handle that on the AOS paperwork? Sort of a vague question.. sorry. I guess no one really has dealt with this on the forum before.
Laurel: Answered above
Melissa: Hi there Laurel.....I have a question about "history" about drug usage....my huisband was arrested and detained earlier this year and during his few hr stay they asked him questions about his sexual orientation, r u in a gang, do u use alcohol, have u every been with a man, just really basic questions like a survey....well when asked about using drugs he said I use to use, or sometimes use marijuana on occasion....is this considered "history" and will need to show 3 yrs rehabilitation? He has never been charged or caught with anything....he is a very casual user but has not used in 1 yr
Laurel: He should show three years rehabilitation and there's some risk that he will be found inadmissible on criminal grounds for confessing to the essential elements of a crime. Interesting information about them asking about his sexual orientation. Haven't heard that one before.
laurafern11: Okay, Hannah asked her own question, that means I've got nothing!
Laurel: ok
angela256z: Hi Laurel...My question is...Do you know if USCIS are following the time line of I-130 or I-129F when a person is applying for a K3? Like I sent my 130 in July and 129F in Sep. Should I now be following the 129F timeline for estimated approval? I noticed on the VJ fourm that people are getting approvals on both at the same time, but I am not sure if I am now stuck in the 129F timeframe or 130 timeframe. What do you think?
Laurel: The petitions may be approved at the same time or I-130 may be approved first, but for the moment, immigration visa cases are taking longer to pass through NVC and get scheduled for an interview in CDJ. This may change before summer.
HANNAH19: He lost it back in 92 and he has been here since, we were going to go the CDJ route but I heard you can adjust status in the US if you can prove he entered legalLy but overstayed, which is what happened to him, the only thing is that we don't have a copy or proof that he had one, that is why I'm requesting info on it . What should I ask for?
Laurel: I would try adjusting status. Just be sure to file I-102.
cm21om25: Laurel, in your opinion how long do think it takes from when the Juarez Consulate receives the I-129f petition for a K3 visa to the interview?
Laurel: About three months. Give or take.
lady: My sister in law has her appoinment in CDJ the end of this month for her husbands visa. She washed her birthcertificate (totally illegable) but recently ordered a new one expediated. If she does not find her new one can he just take her passport instead.
Laurel: yes
miammize: Do you have any idea on how long it takes CIS to report denials to the consulate? Besides faxing, and sending certified letters, are there any options to request second interviews?
Laurel: The consulate should have the denial entered in their computer within 30 days usually. Faxing and sending certified letters is fine. I think you can also now use the 900 number for that.
pedi: I know someone who was a B2 overstay and has been here for 25 years. He obtained a DL and SS number when he first arrived. Last year, when he tried to renew his DL, it was denied because he was out of status. Two DMV employees made a signed statement that he falsely claimed to be USC. He was charged with forgery but was eventually dismissed with prejudice. During this time he filed for AOS as marriage to USC. His case was adjudicated recently and the arrest record was disclosed and he was given a conditional GC with no problems whatsoever. I-130 and I-485 do not ask if u ever flasely claim to be USC. But N-400 does. The question is, Does falsely claiming USC to a state employee be grounds for inadmissibility/deportability? Is obtaining a DL considered an immigration benefit?
Laurel: DL is not an immigration benefit and that's why a false claim of citizenship in order to get a driver's license will not bar the adjustment. But, for everyone's information, employment IS an immigration benefit and the standard employment form I-9 is an immigration form.
susan12: What about taking classes on a K-1 Visa? Could that
Laurel: Should be fine. Its really the B visa and visa waiver where there are a lot of issues about taking classes.
lady: How can I file the K3 with out the NOA1 ? I have been waiting for it since August. So you think he may get a notice to appear but do you think his waiver will be also backlogged in CDJ?
Laurel: Get a copy of the cashed check or money order you used to pay the filing fee for the I-130. It has the receipt number for the I-130 on the back. Use that when you file the I-129F. Having filed an I-485 previously should not automaticall result in your I-601 getting backlogged in CDJ.
Lynette: Good morning, Laurel. I did have a question I was just thinking about last night. As u know, hubby was approved in CDJ and has received his SSN. How do I handle doing his taxes? Do I do them with his new SSN although he worked the entire year under a non-existant SSN? Or do I do them this year with the ITIN and next year with the real SSN (since he will have worked with his real social in 2008)?
Laurel: You've got a social now. Use it on the tax forms. Contact the social security administration to have his previously-paid social security taxes transferred to his new social security account.
Melissa: what is essential elements of a crime?
Laurel: Posession of marijuana.
HANNAH19: If I do get a photocopy or proof that he had one how will that help me adjsut status in the US?
Laurel: Makes it easier to get the I-102 approved without delay. If you can prove he entered legally, he can just do a simple adjustment of status without waiver. See my YouTube video on simple AOS.
HANNAH19: What is the 1-102?
Laurel: Application for a new I-94.
rinner817: Laurel- when you say his case most likely will get referred, do you mean backlogged? Is it likely to be approved after being backlogged? I am trying to decide if being backlogged is worth more than just being in the "shadows" for several more years.
Laurel: Since Pilot Program started in CDJ, referred = backlogged. Whether its likely to be approved depends on all the facts of the case.
miammize: I tried the 900 number today and they said they don't schedule appointments after denials, they said I need to follow the instructions in the packet and appeal.
Laurel: *sigh* I'm not going to say the things I'm thinking right now ....
Ok, you need to know what to do ... just send the fax or letter. Ignore what they told you when you called.
rinner817: Laurel- My husband's parents were approved last year for their visas to vist the US. They came last summer and spent 6 weeks here. It was wonderful! I know that in the VIsa application it asks to list all family members that are already in the US. I am almost positive they did not list my husband that EWI'd in 1999. WIl this discrepency come up if my husband starts his paperwork...and will this jeopordize his parents visas?
Laurel: Probably not a big deal. I would prefer if they hadn't done that, but its very unlikely to be a problem.
susan12: Is it necessary to get a doctor's letter when documenting medical issues in the HSL? Or would it be sufficient to include medical records as documentation if a doctor's letter is not available?
Laurel: It depends on the situation really. I get doctors' letters probably 90% of the time.
lopay: question for Mgarcia: we have been talking about her case for the few days. Timeline: 1991 issued a tourist visa, 1998, passport was stolen police report filed; Mexican consulate would not give him another passport; 2000 attempted to ewi but was caught, apparently it was a deportation instead of catch and release because they have an approved I-212 but she is not sure that it was actually a deportation; Ewi'd again and was made it; married mgarica in 2005, they filed an I-130 and an I-212 both approved; government sent them a letter saying they can AOS: AOS is denied saying they couldn't read the copy of the visa, they sent another copy and it still wasn't clear enough. She says they have never lied. Her lawyer sent the I-601 waiver packet to CDJ. Any thoughts? why would it matter if he had a valid visa when he EWI'd the second time? And what are the chances of the approving an I-212 for something that never happened?
Laurel: There are lots of questions of fact in this case. Start with an FBI fingerprint check to find out if it was a deportation.
lady: Due to the receipt notice delays many of us have been waiting over 3 months for NOA1's. The check has not been cashed yet and the USCIS website shows they are working on NOA1's from mid August.
Laurel: It is cause for concern if the check has not been cashed. Wait another few weeks and if its still not cashed, you might want to cancel the check and refile.
Melissa: well that is silly since he said he used it, I guess everyone has to have some posession at some point in order to use it....
Laurel: He probably won't run into this problem, but rarely, such a finding has been made at the consulate. Not so much in CDJ.
susan12: Will use of a fake SS# prior to waiver approval effect the AOS process when going the K-1 route?
Laurel: Unlikely to be a problem. They are cracking down on fake ss# use now, but for the moment you should be alright.
helpless: How long will it take to approve I130 again if the consulate asks me to file a new I130?
Laurel: Processing times for I-130 are posted on the CIS website. But more important than CIS processing time is NVC processing time, which is not posted. It could take several months just to go through NVC, whereas it used to take just a few weeks.
Melissa: he was never arreseted and charged with posession, they just asked him do u use drugs...and he said I smoke it on very few occasions
Laurel: And you have to have it in your posession to smoke it ...
angela256z: What happens if a person on the Affidavit of Support changes jobs before the interview in El Salvador. My cousin is going to sponsor her nephew so they have started filling out the I-864 (i think that is the number) and it should be mailed in soon, but by the time he has his interview in El Salvador she may have another job. Does she just bring an updated one?
Laurel: You don't need to change the I-864 (though if the consulate asks you to redo it, just comply), but you will need recent paystubs and/or job letter.
HANNAH19: So, as soon as I receive any proof of his border crossing card I start to file the 1-485, and then the 1-102?
Laurel: yup
Jessica: I know that the usc is the one who has to prove hardship, but what happens if the immigrants has a life threatning illness and requires a costly treatment and will not be able to afford out side the US, is there something that can be done in this case?
Laurel: Yes, but you have to do some fancy maneuvering to bring that back to being a hardship to the USC.
cm21om25: Laurel, I am not sure if you remember my case but my sister is my biggest hardship, for and her hubby fighting and My mom and I taking both of the kids. Well my situation might change. My sister said she can’t handle her son anymore. So I had asked my mom if I can take care of him over her house, since my grandmother won’t let my nephew live over there. My nephew has ADHD and he is ODD, so he is very difficult to handle. My mom can’t take care of him 24/7. So I am trying to get my mom to let me take care of him over there until my hubby gets back since I don’t have a place to live. He would be my full responsibility. If I do so would that change my situation for better or for worse? I hope I provided enough detail.
Laurel: This will make the waiver stronger
jennym: In those dr. letter should they talk about the country or just stick to the facts about self....my dr asked me what i wanted him to write.
Laurel: The doctor should talk about the following: diagnosis, prognosis, patient's need for assistance, whether the doctor knows who provides the assistance. What exactly to put in may depend on the exact situation. The doctor should NOT use the term "extreme hardship" anywhere in the letter as that is a legal conclusion, not a medical one.
susan12: Any idea how long it should take to receive the fiance packet after it has been sent to the NVC?
Laurel: Two to three months, give or take.
cm21om25: Even though I would be living with my mom?
Laurel: yea, but you're taking care of a traumatized child and probably still dealing with custody issues with your sister and the child's dad. You may some fear of the child's father showing up at your doorstep on drugs and you'd like your husband back to help you deal with a situation like that.
helpless: When will you be taking new clients?
Laurel: Monday
lopay: how would it affect the case if it was a deportation? would that trigger a permanent ban bc of reentry without inspection after a deportation? if it was just catch and release and the I-212 approval is a mistake on the governments part, does the fact that he had a valid visa when he EWI'd? change anything? She says they filled out the forms saying he EWI'd, but the reason the I-485 was denied was because they picture wasn't clear enough but they didn’t say anything about his EWI?
Laurel: If it was a deportation and he came back EWI post 1997, yea its 9C inadmissibility. No waiver. I-212 won't cure it.
Jessica: I guess he would still have to leave the US and how do I maneuver that situation for the immigrants illness?
Laurel: Depends on a lot of things, but if its not CDJ, you might be asking for an expedite. If he's too sick to travel, you should look into other, more unusual options such as Deferred Action or Special Legislation.
susan12: If you prepare the packet, how much lead time do you need? weeks, months.....years?
Laurel: Six to twelve weeks, preferably.
Laurel: I'm eating my lunch and I just spilled stuff all over myself
Laurel: No new questions for the moment.
Laurel: How would you guys feel if I started doing the weekly chat as an online Shoutcast instead?
Laurel: Kind of like a radio show.
Laurel: My big problem is I don't have someone to screen calls for me. I might ask for questions in advance.
Laurel: LauraFern is kind of doing that already anyway.
Melissa: I had a phone consultation about 2 months ago, I just filed my I-130 in November so I have a while before I'm ready for you for my waiver, but I dont want you to be booked up at that time :o)
Laurel: We can enter into a contract now (ok, next week) and start the payment plan and then I'll pick up the case when it comes due.
rinner817: that would be great!
Laurel: So that's one vote yes.
Melissa: whats for lunch Laurel?
Laurel: Spring roles with Thai peanut sauce.
Lynette: As in-voice?
Laurel: yes
Jessica: Kind of difficult for me since I'm at work when your chat is on
susan12: How can I find out the cost of living in Mexico? I have looked everywhere but can't find credible information.
Laurel: Try World Bank? I don't usually use cost of living in MX.
cm21om25: Yeah but I don't think my sister would sign custody of him to me, because she was talking to me last night that if she did that she would be no longer his mom and that she would have to ask to have him. I wouldn't be able to get custody anyways since I have no home and my husband isn't here. My nephew would just live with me but still have insurance through her and she would be able to take him if she wanted to which isn't likely. ??
Laurel: I get it. We would use testimony from several people to confirm that you have possession of the child, even if you don't have formal custody.
laurafern11: what's a shoutcast?
Laurel: Like an online radio program just for the duration of the show.
Lynette: Ok, I'm all for that. It'll be interesting.
cm21om25: What is the status of the payment plans?
Laurel: My sister, who is now working for me, is supposed to be taking care of it, but so far I'm not satisfied with her performance. I will probably wind up handling it myself.
Q: however, if you could still accept e-mail questions and then read them aloud or something, I could screen for you. I would just need a back-up if I knew I was going to be busy during this hour or something... then someone would have to type up the transcript, I could probably still do that, but not at work. I'd have to do it at home and then post it later... just thinking aloud here.
Your question has been submitted to the moderator.
lopay: if it's not a deportation, then the I-212 was never needed. But is there anything that would allow him to AOS even though he EWI'd? does it make a diference if you have a valid visa when you EWI?
Laurel: Why would you EWI if you have a valid visa? That's one of the many things that's odd about the set of facts that's been described to me. If it wasn't a deportation, an I-212 was never needed and the I-212 should not have been approved because its not required. If it was a deportation, he's 9C inadmissible and the I-212 never should have been approved. I don't understand why he has an approved I-212. That's another odd things about the set of facts.
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Melissa: me too I dont think my coworkers would like you shouting at them when we are "working"
laurafern11: So, then people have to actually use the phone to call in?
Laurel: possibly
laurafern11: hmm... that's not so good for us who are at work and can quietly communicate through e-mail/posting/writing
laurafern11: however, if you could still accept e-mail questions and then read them aloud or something, I could screen for you. I would just need a back-up if I knew I was going to be busy during this hour or something... then someone would have to type up the transcript, I could probably still do that, but not at work. I'd have to do it at home and then post it later... just thinking aloud here.
helpless: It means that previously approved i130 does not benefit me if i am asked to file a new i130.
Laurel: right
pedi: A follow-up to my question earlier. If the time comes when he files for N-400. One question there specifically ask if you ever falsely claim to be USC. If he answers no and they find out about the DMV thing, he could be charged with misrepresentation. If he answers yes, that could result in a denial. Any thoughts?
Laurel: He should answer 'no' since it was not a false claim for an immigration benefit. You might want to include an addendum explaining that you are answering 'no' to that question for that reason. You will need to include documentation of all arrests anyway.
susan12: Even if you are trying to prove that the potential earnings in Mexico would not be sufficient to live there and meet financial obligations in the U.S. ????
Laurel: You are only going to use that argument if you are supporting someone in the US, such as a disabled relative. You student loans, credit card bills, and mortgage will not amount to extreme hardship as I'd say 90% of my clients want to use that argument and the more common the argument, the less likely it will be viewed as "extreme" hardship, rather than "ordinary" hardship.
Melissa: Im wondering with hubbys "confession" if I will now need to wait the three yrs....I just dont know how far they would look into that....I mean it was questions he answered in jail....and he doesnt remember if he said he use to use or does sometimes use....
Laurel: In jail or immigration detention. I was assuming you were talking about immigration detention.
laurafern11: mmm... spring rolls with thai peanut sauce
Laurel: mmmm
rinner817: maybe it would be an option if the "chat" was changed to an afterhours.
laurafern11: Melissa - that is funny. I would like Laurel to shout at my co-workers, I'm not sure they would though...
Laurel: Turning moderation off
Laurel: Chat's just about over
Melissa: no this was the county jail
lopay: that's some of the things that we have been talking about. My thoughts are that he couldn't get another passport after his was stolen because they wanted him to prove too many things that he couldn't or that he didn't realize that even thought his passport was stolen, the visa was still good. so
Laurel: I think we're mostly done with questions ...
Laurel: Oh, maybe I was wrong
Lynette: Laurel, the girls have a point. Some are at work while viewing the chat and you wouldn't get as much participation. Maybe after hours like 6pm or something like that would be more doable.
Laurel: Lopay, there's just too many *** issues in the case. Start with FBI fingerprint check. Do a FOIA ... Get some of these questions answered
lopay: if you don't mind this last one: basicly, can he AOS if he EWI'd while his visa was valid?
Laurel: Melissa, he might be ok then
lopay: ok, I'll pass the infomation on to her, thanks
Laurel: I think if I switched to Shoutcast during the day, some people who come now couldn't come, but others who don't come now would.
Laurel: I don't know about doing the chat in the evening. I have kids
Laurel: Maybe
Lynette: not too late.
Lynette: many of us have kids too
Lynette: it's only once a week too
Lynette: it doesn't matter to me. At my job, I have a headset, so I'm set.
Laurel: I already cut into the kids home time with my work
Laurel: And travel
jennym: You gotta have time for the kids!
Laurel: Anyway, something to think about
(random talk about the Friday night chat, then Laurel left).