Laura
01-09-2008, 05:25 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.
Rivera: You are correct ...
Laurel: Even when I'm not answering questions I'm correct, yep.
(hehe)
laurafern11: From Mendoza from someone else: Case scenario: Someone arrives on a K-1 (NOT through JFK) and after getting the SS# started working without getting an EAD. According to the USCIS website, you must get EAD in order to be authorized to work. However, still according to USCIS website, unauthorized work is forgiven when adjusting status through USC marriage. So, the question is, is there any penalty for the fiance to have worked without getting an EAD in terms of the AOS? Also, should the unauthorized employment be listed on the biographical page for the AOS? Another issue is that the SSA gave the fiance a memo (EM-00154) that was sent out in 2000 (and is also posted on the SSA website) that said that K-1's do NOT need EAD to work. Is this true? If it isn't, why is the SSA giving out contradictory information from USCIS and can it be used to prove why the fiance started working without authorization at the AOS interview? As an addition, if unauthorized employment is forgiven when married to a USC, why would anyone who is going to do an AOS in the US worry about EAD?
Laurel: You need an EAD to work when on K1. The SSA memo may have been in regard to getting a social security number and they may have been saying a K1 doesn't need an EAD to get a social, which is true. Yes, the authorized employment is "forgiven" once the marriage occurs and you adjust status through the USC. So, why not work without EAD when on K1? The employer is subject to a fine.
laurafern11: From Mandy: My case has been completed at the NVC as of DEC 2007. At the beginning of Dec. my dad died and he was my co-sponser for the Aff. of support for my husband's immigrant visa. My question is, do I have to notify the NVC? I plan on finding another co-sponser by the time of the interview. Do I just have my hubby give them the new I-864 at the time of the interview and should I attach a note to the Aff. of support explaining why we changed sponsers?
Laurel: You don't need to notify NVC that your father has passed if you already submitted the documents before he passed. If he died after you completed the paperwork, but before you submitted it, you cannot submit it. If its already submitted, just bring an I-864 for a new co-sponsor to the consular interview.
laurafern11: From Kelly: I called the National Visa Center and my case was completed on December 13, 2007. Two weeks later my lawyer e-mails me and says that the NVC sent him a letter saying I needed to send my W-2's again. I had already resent them once and wouldn't have any new info to send them. My lawyer said "an interview will not be scheduled until we comply with this request".
My question is do I need to send this information if my case is already completed? Doesn't completed mean they are done with it and I just need to wait for an interview for my husband in CDJ?
Laurel: NVC is having - shall we say - "problems". They may have sent the notice and then subsequently decided the case was complete. Either you can just comply with the request - no big deal to send the W-2s again - or you can have the attorney call and confirm that they no longer need W-2s (i.e. they found them).
laurafern11: From HeyDade: My girlfriend has been living here for the past 10 years...she works here, is a proud homeowner, and is under TPS status from Nicaragua. However, she came here illegally and then applied for TPS status...which she was granted. Once we get married, can she apply to become a permanent resident or does she have to actually go back to Nicaragua and file from there? Also...what happens if one day TPS is not renewed before her AOS (if she can indeed AOS) is complete? Would she have to return and file through the Consulate?
Laurel: There was inconsistency in policy from local CIS office to local CIS office for some time on whether someone in valid TPS had been "admitted" for purposes of INA 245(a). Some said 'yes' and some said 'no'. Eventually, CIS higher-ups issued a memo saying - you guessed it - 'no'. So, she can't adjust UNLESS she ever left on Advanced Parole and returned. Also, she can always apply for an immigrant visa abroad. As long as TPS was issued to her before October 30, 1997, she won't be subject to the 3/10 year bars. If it was issued after that date and she entered before April 30, 1997, she will need a waiver whether she applies for an immigrant visa abroad or if she tries to adjust status, having left and come back on Advanced Parole.
laurafern11: Finally, your favorite question from Sandy Jimenez: any information on those stragglers waiting for waiver approvals from last fall (Nov./Dec.)? Would you recommend anyone waiting a year get a Senator involved?
Laurel: Not until you've sent at least 2 inquiries, at least 30 days apart, to the correct address and they went unanswered.
Laurel: The inquiry must have the CDJ number and should list the date the I-601 was filed
laurafern11: oops, one more... From MP - My fiance tried to cross with a visa that was not his...he got caught, fingerprinted and got a 3 year bar...all this happened on Mexican soil...could this be considered a deportation?
Laurel: As long as it was US immigration officials who caught him, it "counts" even if you're on "foreign soil". The penalty for misrep is life. The penalty for expedited removal is 5 years. I don't know where this 3-year bar is coming from. Do an FBI fingerprint check to find out if it was a deportation.
Venus_and_Mars: hi, laurel. What does mean an immigration clearance? Does it show how many EWI or deportations a person has? I was in USA when i got fingerprint and it was sent to the CJIS division FBI.
Laurel: Its a background check, looking into prior immigration history and criminal history.
Arabonita: Hi Laurel! We have a friend who's a painter (artist) and we want to bring him to the U.S. to paint a mural in our house. How do we do it? what type of visa? do we need to sponsor him? or what is the process? BTW, he's never been in the U.S.
Laurel: Hmm. O visa?
Laurel: Talk to a business immigration attorney about possibily bringing him on an O visa, which is for people who are Outstanding at stuff.
Laurel: http://en.wikipedia.org/wiki/O-1_visa
Gabi: Laurel, as you know I started the process over again after a year of NVC not hearing from me. I called and they said they would send in the Affidavit of support, so they aren't making us start from the beginning. Our I130 is still valid? It was approved in '05. The paralegal who was helping us before wanted to conceal the fact that he EWI twice in the paperwork. Are we going to be able to fix that? He first enetered in '93, left in '96, came back in '99 and has been here since.
Laurel: I'm glad they're not making you start over. That's good. Send in an amended DS-230 revealing his EWIs. There's no reason to conceal them.
GP: Hi Laurel!. I don't have w-2 to send with the I-864 fom. I've 9 pages of the 1040 form, including schedules A & B,D, E and SE. Should I include the main page only or all of them?. Also, I don't have the originals, only a copy from my bookkeeper. Is this copy OK for my wife to take to her interview at CDJ?. THAKS!
Laurel: She should bring the 1040 with all schedules. Photocopies are fine. While I've had problems with CIS when someone is self-employed and doesn't have W-2s, its usually not an issue at the consulate.
Venus_and_Mars: What should I do? I have send many emails to the FBI asking if they have processed my fingerprints , and they always say, haven't gotten anything about my case, it doesnt show anything in their sistem.It was send Feb 6th 07 to the DHS.
Laurel: Arguing with the FBI about a fingerprint check made by DHS won't help. Contact your Congressman for assistance.
Gabi: Should I type my question again? I"m not sure why it showed up on the screen
Laurel: no. there's a time lag between when you ask your question and when I'll answer it.
petal07: Hello laurel I have 2 questions...1) a woman has been in a abusive relationship with her husband who is a USC, they filed the I-130 and went through the whole process...went to thier appt in CDJ...of course the husband wrote a 1 paragraph HSL and she has been denied. He does not support her and he has had custody of thier child which I hear is not good. Is there anyway that she can self petition for herself under the Viloence against women act since she is now in Mexico? Is there any hope for her?
Laurel: She should contact Catholic Charities in the US, but I think she can't do a VAWA from outside the US. The only remedy available to her is to try to get a visitor's visa and I-192 nonimmigrant waiver so she can return for the express purposes of suing for custody.
luigie: hi laurel my fiend refferred me to your site : i have misrepresentation case im from peru but i dont wish to continue with the process because people say peru will never forgive me but i am scared that ICE comes and picks me up am i considered a criminal to immigration for misrepresenting thanks luigie
Laurel: Very few immigration violations are prosecuted criminally.
If you want to abandon your case they probably won't come after you, but I can never promise.
sg: hello , whats going on with th 601 waiver being denied and people are being told tht theier spouses were here to long and dwi and suspended licneses, do they really give you a reason why they deniy it and if so do you have to research it
Laurel: At the consulate when your visa is denied and you're told you have to apply for a waiver, you get a sheet of paper with a check mark next to the section of law applying to you. If your I-601 is referred (not denied) from the Pilot Program, you get a similar list with one or more boxes checked. If/when your I-601 is ulitimately denied, they are supposed to be more specific and render a written decision.
laura: hello!! My wavier was denied 6 months ago because the hsl was no extreme, so my husband hired a lawyer and he told us to aply for a new 1-130 and the lawyer didn't understend why the consulate of Juarez didnt give me the visa at the first time . I enter to US with a tourist visa and I overstay , but , my husband is US and we applied in US for my residece , but the lawyer that took my case just made a big mess and never recived forms , we waited and waited but he lawyer told us that it takes time , so I have an emergency in my country and decided left my country , My cuestion is: why the consulate of juarez didn't gave me the oportunity of a visa . I stayed in US 5 years with a tourisvisa but I applied for the residence,
Laurel: Your timeline is a little confusing. Were you required to file a waiver with your adjustment of status?
petal07: Question 2...a friend of mine who did file through the VAWA act recied a notice oa action that states that the petition has been reviewed and found to establish a prima facie case for classification under the self petitioning provisions of the VAWA act. It also states that the notice can assist her in receiveing public benefits...it goes on to say that it is good until april 08, what does this really mean? What is prima facie? Thank Laurel sorry so long!
Laurel: VAWA cases are very difficult and complex. It takes time to adjudicate them. In the meantime, women (and sometimes men) who are bona fide victims of domestic violence need a variety of types of help. The may need medical or psychological assistance as a direct result of the abuse committed by a USC. So, the law allows them to get public assistance and an EAD while the case is pending. But because of certain abuses with asylum in the 80's, they first want to do a preliminary review of the packet to make sure its not just completely bull. If they determine its no bull, they say there's a prima facia case, meaning it looks bona fide "on its face", so they'll issue the EAD and allow public benefits while they do a more thorough review before issuing a green card.
alaura: Ms Scott: My Question is the following, I am a USC and petitioned my husband sending in our I-30 on July 2007. Our attorney wants to aim for a Humanitarian Visa due to mine and my sons medical history, but I hear that will probably not be the case since my husband has already been living here in the US for over 9 yrs. in and out with a couple of IE's before I even met him.How do you think this case will be handled? I heard what they will do is cancellation of removal, but meybe he will not even qualify for that, He has one DWI in the past. We have lots of medical proof and future treatments for me and my son.what do you think will happen to my husband?
Laurel: What's an "IE"? They do not give Humanitarian Parole to people currently in the US. If someone needs to remain in the US for Humanitarian reasons, the remedy is Deferred Action. He doesn't qualify to apply for Cancellation of Removal until he's been here continously for 10 years.
laurafern11: Marie just PM-ed me this question. I'm confused about it, but I'll just post as is - maybe it makes sense to you: "I want to know if IMBRA is just so that the fiance knows the background of the USC. Does she know of cases where the K1 was denied because of a USC criminal record?"
Laurel: IMBRA came about because (a) Americans look down on the mail-order bride system, (b) some mail order brides were getting abused, and (c) whenever a mail order bride marriage doesn't work out , people point to it and say "see, I told you" - never mind whether the mail order bride marriage divorce rate is higher or lower than the general rate.
But you're asking about criminal history, which isn't IMBRA, its the Adam Walsh Act. Its meant to protect the alien, but I think the government is overstepping its bounds in requiring certain Americans to get permission before they marry. I think that making sure the adult alien is aware of the petitioner's history is fine, but requiring the petitioner to get a waiver for certain history is too much interference in marriage. Yes, some I-129Fs get denied for this.
Laurel: Adam Walsh Act also applies to international adoption. I'm with them on sex offenders not being able to petition for adopted alien children, but when someone has two drug offenses from over 10 years ago, it gets excessive.
sg: If nvc completes the affidatve of support documents and you had assests as in real estate, CDs, what happens if cdj dont like the supporting documents of the assests. what happpens next
Laurel: They will give you an opportunity to provide them additional evidence.
Laurel: Or get a cosponsor
Rivera: Hi Lauren, First of all, happy new years, and thanks for the opportunity !!!
My question is :
I am trying to get my visa back, my purpose is not to live, work or stay in the Us just to visit or sometimes go on vacation.
My trouble is that i crossed someone that didn't have a visa on March 29th of 2002, and since then My Laser visa was revoked; therefor id crossed with another passport that i had that was the mexican passport with a valid visa and did not have problems since then, Customs agents scanned that passport and nothing came up, later on i ussually isud the I-94 to go to L.A. just to visit and again nothing came up, id also have my valid Drivers Licensce and California ID, i am trying to get the waiver if it is possible?
I have a son that lives in Tijuana Mexico that was born in the US, in which i paid in full without ussing any benefits from the State.
As you Can see i have solid roots here in Mexico, since i am married, and have 2 children, ( one is us. citizen) a steady job, and i know that my past actions are inexcusable, never the less, i am willing to do anything to get my visa back.
Is there any hope here ?
Laurel: Its Laurel, not Lauren.
So they caught you trying to bring someone in illegally? I think you can still get a nonimmigrant waiver under INA 212(d)(3), but it might be tough given the nature of the violation.
SDEB: I have, i believe, a strong hardship: care for my autistic son. My other strong one is caring for my mother. I have 6 brothers and sisters in the state but none help. Should I bother with this hardship or delete it. My siblings are willing to write the fact that there job and own responsibilities don't allow them to help which is true. My mom also wrote a letter plus her doctor and records.
Laurel: The more able-bodied sibling you have living nearby the less credible it becomes to say that NONE of them can take over for you if you leave and they will just let your mother suffer. I would still include the argument, but realize its weaknesses.
As for the autistic son, the medical community keeps broadening the definition of 'autistic'. Right now the term includes people with very severe cases (e.g. Rain Man) and people with very mild cases (e.g. Bill Gates). You need to be clear about the severity of his case, with lots of evidence and proof of what kind of special help he needs here in the US and what all this has to do with the waiver.
martha-flores: my husband and i have been married since august 13, 2001 we have already put in his pettition. i am a citizen. we are now just waiting for the appoinment to go to juarez. however he enter the u.s in 2000, we married in 2001 and he was caught crossing the border coming back to the U.S in 2002. He was then finger printed. is he not elegible for the pardon? should we go to the appointment?
Laurel: It sounds like he's inadmissible under INA 212a9C because he was unlawfully present more than a year after 1997, left and returned without inspection. He would not be eligible to apply for the waiver and would get 'stuck' in Mexico for 10 years if you try this.
jessica: Since someone brought the subject of the TPS,after hurricane Felix in Nicaragua they were asking to extend the TPS program to other nicaraguans not included before, do you know if this was ever approved or denied?
Laurel: I don't know. But I do know that TPS for certain Central American has been extended, extended, extended .... For Hondurans, TPS came about after a Hurricaine in 1998!!! And its still getting extended. TPS is supposed to be for emergencies and its supposed to end when the emergency is over. I think the emergencies arrising after these Hurricaines in Central America are now over. TPS is being extended for purely political reasons. I think they are going to keep extending until there's finally reform.
james: I'm in the middle of filing 601. One of my hardships is unemployment due to depression. I have been out of work but looking. If I get work will that effect my ability to use that as a hardship.
Laurel: Well, if you used to be an ER doc, but were asked to leave when it was clear you couldn't focus, and now after 18 months you finally took a job at the local convenience store, then I don't think that employment will affect your argument. So, it depends on the facts of the case.
laura: for a hsl , do you think that if I incude a police's documents that says the house that we have in US is in danger because already happend a disaster during my husband USC needs to travel toMexico to stay a long period with us ,
Laurel: That might be good documentation and a good argument, but I have a tough time discussing what arguments and documents to include when I haven't evaluated the case as a whole.
majmikew: Miss Scott, my wife is Indonesian, she came to USA by EWI status by passing through Canada (tourist visa). She has been here for 5 years. We got married in July 2007 and now we're expecting.
Laurel: So she had a tourist visa to Canada, but not the US? And she EWIed through Canada. Ok. In order to resolve this, she'll need to do a foreign-filed waiver. I'm not sure what CIS office a waiver filed in Indonesia would go through, but if its Bangkok, it might be worth a try. Do not attempt it without an attorney. I wouldn't send your wife abroad without being confident of an approval. Understand that even when the attorney is confident, there's always a risk of denial.
laura: in Mexico, sorry for the confuse, beeing in US I decided to go to Mexico , but at that time Ialready appled for my residence in US , I enter with a tourist visa and I overstayed
Laurel: Sounds like you had at least one year unlawful presence before proceeding abroad. Applying for adjustment of status stops the clock, but you may have had more than one year either before applying for AOS the first time or between the first and second time you applied.
cm21om25: Can one get a SS number with the K3 or do we have to wait for the work authorization?
Laurel: You should be able to get a SS# with a K3, but while some clients have reported no problems doing this, others have reported that the SS officer insisted on seeing an EAD. Its just easier to do it if you have an EAD. The SS officers aren't experts on immigration and its often easier to get the EAD than to argue with the SS officers.
MG: Hello, Could you tell me what steps we can take to get a vistors visa for my husbands parents? I am a us citizen and he has has his residency for about 1 1/2yrs. Thanks
Laurel: They can file DS-156s at the consulate, but they are very unlikely to be able to get tourist visas when their son is an LPR. It will look like they have immigrant intent. You will have to work hard to prove that they do not have immigrant intent and will depart once their authorized stay is over.
MG: Hello, Could you tell me what steps we can take to get a vistors visa for my husbands parents? I am a us citizen and he has has his residency for about 1 1/2yrs. Thanks
Laurel: They can file DS-156s at the consulate, but they are very unlikely to be able to get tourist visas when their son is an LPR. It will look like they have immigrant intent. You will have to work hard to prove that they do not have immigrant intent and will depart once their authorized stay is over.
alaura: How can a person know if their attorney is to trust. We hired an attorney and she made things sound so sweet and simple. But I'm thinking our case may not be as easy.
Laurel: Great question. Its hard to say really. There are some very successful, very bad attorneys out there. I think you just have to go by word of mouth with people who have already used that lawyer.
Q: I have to log off, can someone copy the last part of the chat and PM it to me...
Your question has been submitted to the moderator.
majmikew: My baby will be due at the end of this January, and after that I'd like you to help us to do our case.
Laurel: Do a consultation when you're ready to get started. I'll evaluate the case at that time.
Laurel: Ok, guys. There are 28 questions pending, but its noon and the chat is coming to a close. I will see you all next week.
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.
Rivera: You are correct ...
Laurel: Even when I'm not answering questions I'm correct, yep.
(hehe)
laurafern11: From Mendoza from someone else: Case scenario: Someone arrives on a K-1 (NOT through JFK) and after getting the SS# started working without getting an EAD. According to the USCIS website, you must get EAD in order to be authorized to work. However, still according to USCIS website, unauthorized work is forgiven when adjusting status through USC marriage. So, the question is, is there any penalty for the fiance to have worked without getting an EAD in terms of the AOS? Also, should the unauthorized employment be listed on the biographical page for the AOS? Another issue is that the SSA gave the fiance a memo (EM-00154) that was sent out in 2000 (and is also posted on the SSA website) that said that K-1's do NOT need EAD to work. Is this true? If it isn't, why is the SSA giving out contradictory information from USCIS and can it be used to prove why the fiance started working without authorization at the AOS interview? As an addition, if unauthorized employment is forgiven when married to a USC, why would anyone who is going to do an AOS in the US worry about EAD?
Laurel: You need an EAD to work when on K1. The SSA memo may have been in regard to getting a social security number and they may have been saying a K1 doesn't need an EAD to get a social, which is true. Yes, the authorized employment is "forgiven" once the marriage occurs and you adjust status through the USC. So, why not work without EAD when on K1? The employer is subject to a fine.
laurafern11: From Mandy: My case has been completed at the NVC as of DEC 2007. At the beginning of Dec. my dad died and he was my co-sponser for the Aff. of support for my husband's immigrant visa. My question is, do I have to notify the NVC? I plan on finding another co-sponser by the time of the interview. Do I just have my hubby give them the new I-864 at the time of the interview and should I attach a note to the Aff. of support explaining why we changed sponsers?
Laurel: You don't need to notify NVC that your father has passed if you already submitted the documents before he passed. If he died after you completed the paperwork, but before you submitted it, you cannot submit it. If its already submitted, just bring an I-864 for a new co-sponsor to the consular interview.
laurafern11: From Kelly: I called the National Visa Center and my case was completed on December 13, 2007. Two weeks later my lawyer e-mails me and says that the NVC sent him a letter saying I needed to send my W-2's again. I had already resent them once and wouldn't have any new info to send them. My lawyer said "an interview will not be scheduled until we comply with this request".
My question is do I need to send this information if my case is already completed? Doesn't completed mean they are done with it and I just need to wait for an interview for my husband in CDJ?
Laurel: NVC is having - shall we say - "problems". They may have sent the notice and then subsequently decided the case was complete. Either you can just comply with the request - no big deal to send the W-2s again - or you can have the attorney call and confirm that they no longer need W-2s (i.e. they found them).
laurafern11: From HeyDade: My girlfriend has been living here for the past 10 years...she works here, is a proud homeowner, and is under TPS status from Nicaragua. However, she came here illegally and then applied for TPS status...which she was granted. Once we get married, can she apply to become a permanent resident or does she have to actually go back to Nicaragua and file from there? Also...what happens if one day TPS is not renewed before her AOS (if she can indeed AOS) is complete? Would she have to return and file through the Consulate?
Laurel: There was inconsistency in policy from local CIS office to local CIS office for some time on whether someone in valid TPS had been "admitted" for purposes of INA 245(a). Some said 'yes' and some said 'no'. Eventually, CIS higher-ups issued a memo saying - you guessed it - 'no'. So, she can't adjust UNLESS she ever left on Advanced Parole and returned. Also, she can always apply for an immigrant visa abroad. As long as TPS was issued to her before October 30, 1997, she won't be subject to the 3/10 year bars. If it was issued after that date and she entered before April 30, 1997, she will need a waiver whether she applies for an immigrant visa abroad or if she tries to adjust status, having left and come back on Advanced Parole.
laurafern11: Finally, your favorite question from Sandy Jimenez: any information on those stragglers waiting for waiver approvals from last fall (Nov./Dec.)? Would you recommend anyone waiting a year get a Senator involved?
Laurel: Not until you've sent at least 2 inquiries, at least 30 days apart, to the correct address and they went unanswered.
Laurel: The inquiry must have the CDJ number and should list the date the I-601 was filed
laurafern11: oops, one more... From MP - My fiance tried to cross with a visa that was not his...he got caught, fingerprinted and got a 3 year bar...all this happened on Mexican soil...could this be considered a deportation?
Laurel: As long as it was US immigration officials who caught him, it "counts" even if you're on "foreign soil". The penalty for misrep is life. The penalty for expedited removal is 5 years. I don't know where this 3-year bar is coming from. Do an FBI fingerprint check to find out if it was a deportation.
Venus_and_Mars: hi, laurel. What does mean an immigration clearance? Does it show how many EWI or deportations a person has? I was in USA when i got fingerprint and it was sent to the CJIS division FBI.
Laurel: Its a background check, looking into prior immigration history and criminal history.
Arabonita: Hi Laurel! We have a friend who's a painter (artist) and we want to bring him to the U.S. to paint a mural in our house. How do we do it? what type of visa? do we need to sponsor him? or what is the process? BTW, he's never been in the U.S.
Laurel: Hmm. O visa?
Laurel: Talk to a business immigration attorney about possibily bringing him on an O visa, which is for people who are Outstanding at stuff.
Laurel: http://en.wikipedia.org/wiki/O-1_visa
Gabi: Laurel, as you know I started the process over again after a year of NVC not hearing from me. I called and they said they would send in the Affidavit of support, so they aren't making us start from the beginning. Our I130 is still valid? It was approved in '05. The paralegal who was helping us before wanted to conceal the fact that he EWI twice in the paperwork. Are we going to be able to fix that? He first enetered in '93, left in '96, came back in '99 and has been here since.
Laurel: I'm glad they're not making you start over. That's good. Send in an amended DS-230 revealing his EWIs. There's no reason to conceal them.
GP: Hi Laurel!. I don't have w-2 to send with the I-864 fom. I've 9 pages of the 1040 form, including schedules A & B,D, E and SE. Should I include the main page only or all of them?. Also, I don't have the originals, only a copy from my bookkeeper. Is this copy OK for my wife to take to her interview at CDJ?. THAKS!
Laurel: She should bring the 1040 with all schedules. Photocopies are fine. While I've had problems with CIS when someone is self-employed and doesn't have W-2s, its usually not an issue at the consulate.
Venus_and_Mars: What should I do? I have send many emails to the FBI asking if they have processed my fingerprints , and they always say, haven't gotten anything about my case, it doesnt show anything in their sistem.It was send Feb 6th 07 to the DHS.
Laurel: Arguing with the FBI about a fingerprint check made by DHS won't help. Contact your Congressman for assistance.
Gabi: Should I type my question again? I"m not sure why it showed up on the screen
Laurel: no. there's a time lag between when you ask your question and when I'll answer it.
petal07: Hello laurel I have 2 questions...1) a woman has been in a abusive relationship with her husband who is a USC, they filed the I-130 and went through the whole process...went to thier appt in CDJ...of course the husband wrote a 1 paragraph HSL and she has been denied. He does not support her and he has had custody of thier child which I hear is not good. Is there anyway that she can self petition for herself under the Viloence against women act since she is now in Mexico? Is there any hope for her?
Laurel: She should contact Catholic Charities in the US, but I think she can't do a VAWA from outside the US. The only remedy available to her is to try to get a visitor's visa and I-192 nonimmigrant waiver so she can return for the express purposes of suing for custody.
luigie: hi laurel my fiend refferred me to your site : i have misrepresentation case im from peru but i dont wish to continue with the process because people say peru will never forgive me but i am scared that ICE comes and picks me up am i considered a criminal to immigration for misrepresenting thanks luigie
Laurel: Very few immigration violations are prosecuted criminally.
If you want to abandon your case they probably won't come after you, but I can never promise.
sg: hello , whats going on with th 601 waiver being denied and people are being told tht theier spouses were here to long and dwi and suspended licneses, do they really give you a reason why they deniy it and if so do you have to research it
Laurel: At the consulate when your visa is denied and you're told you have to apply for a waiver, you get a sheet of paper with a check mark next to the section of law applying to you. If your I-601 is referred (not denied) from the Pilot Program, you get a similar list with one or more boxes checked. If/when your I-601 is ulitimately denied, they are supposed to be more specific and render a written decision.
laura: hello!! My wavier was denied 6 months ago because the hsl was no extreme, so my husband hired a lawyer and he told us to aply for a new 1-130 and the lawyer didn't understend why the consulate of Juarez didnt give me the visa at the first time . I enter to US with a tourist visa and I overstay , but , my husband is US and we applied in US for my residece , but the lawyer that took my case just made a big mess and never recived forms , we waited and waited but he lawyer told us that it takes time , so I have an emergency in my country and decided left my country , My cuestion is: why the consulate of juarez didn't gave me the oportunity of a visa . I stayed in US 5 years with a tourisvisa but I applied for the residence,
Laurel: Your timeline is a little confusing. Were you required to file a waiver with your adjustment of status?
petal07: Question 2...a friend of mine who did file through the VAWA act recied a notice oa action that states that the petition has been reviewed and found to establish a prima facie case for classification under the self petitioning provisions of the VAWA act. It also states that the notice can assist her in receiveing public benefits...it goes on to say that it is good until april 08, what does this really mean? What is prima facie? Thank Laurel sorry so long!
Laurel: VAWA cases are very difficult and complex. It takes time to adjudicate them. In the meantime, women (and sometimes men) who are bona fide victims of domestic violence need a variety of types of help. The may need medical or psychological assistance as a direct result of the abuse committed by a USC. So, the law allows them to get public assistance and an EAD while the case is pending. But because of certain abuses with asylum in the 80's, they first want to do a preliminary review of the packet to make sure its not just completely bull. If they determine its no bull, they say there's a prima facia case, meaning it looks bona fide "on its face", so they'll issue the EAD and allow public benefits while they do a more thorough review before issuing a green card.
alaura: Ms Scott: My Question is the following, I am a USC and petitioned my husband sending in our I-30 on July 2007. Our attorney wants to aim for a Humanitarian Visa due to mine and my sons medical history, but I hear that will probably not be the case since my husband has already been living here in the US for over 9 yrs. in and out with a couple of IE's before I even met him.How do you think this case will be handled? I heard what they will do is cancellation of removal, but meybe he will not even qualify for that, He has one DWI in the past. We have lots of medical proof and future treatments for me and my son.what do you think will happen to my husband?
Laurel: What's an "IE"? They do not give Humanitarian Parole to people currently in the US. If someone needs to remain in the US for Humanitarian reasons, the remedy is Deferred Action. He doesn't qualify to apply for Cancellation of Removal until he's been here continously for 10 years.
laurafern11: Marie just PM-ed me this question. I'm confused about it, but I'll just post as is - maybe it makes sense to you: "I want to know if IMBRA is just so that the fiance knows the background of the USC. Does she know of cases where the K1 was denied because of a USC criminal record?"
Laurel: IMBRA came about because (a) Americans look down on the mail-order bride system, (b) some mail order brides were getting abused, and (c) whenever a mail order bride marriage doesn't work out , people point to it and say "see, I told you" - never mind whether the mail order bride marriage divorce rate is higher or lower than the general rate.
But you're asking about criminal history, which isn't IMBRA, its the Adam Walsh Act. Its meant to protect the alien, but I think the government is overstepping its bounds in requiring certain Americans to get permission before they marry. I think that making sure the adult alien is aware of the petitioner's history is fine, but requiring the petitioner to get a waiver for certain history is too much interference in marriage. Yes, some I-129Fs get denied for this.
Laurel: Adam Walsh Act also applies to international adoption. I'm with them on sex offenders not being able to petition for adopted alien children, but when someone has two drug offenses from over 10 years ago, it gets excessive.
sg: If nvc completes the affidatve of support documents and you had assests as in real estate, CDs, what happens if cdj dont like the supporting documents of the assests. what happpens next
Laurel: They will give you an opportunity to provide them additional evidence.
Laurel: Or get a cosponsor
Rivera: Hi Lauren, First of all, happy new years, and thanks for the opportunity !!!
My question is :
I am trying to get my visa back, my purpose is not to live, work or stay in the Us just to visit or sometimes go on vacation.
My trouble is that i crossed someone that didn't have a visa on March 29th of 2002, and since then My Laser visa was revoked; therefor id crossed with another passport that i had that was the mexican passport with a valid visa and did not have problems since then, Customs agents scanned that passport and nothing came up, later on i ussually isud the I-94 to go to L.A. just to visit and again nothing came up, id also have my valid Drivers Licensce and California ID, i am trying to get the waiver if it is possible?
I have a son that lives in Tijuana Mexico that was born in the US, in which i paid in full without ussing any benefits from the State.
As you Can see i have solid roots here in Mexico, since i am married, and have 2 children, ( one is us. citizen) a steady job, and i know that my past actions are inexcusable, never the less, i am willing to do anything to get my visa back.
Is there any hope here ?
Laurel: Its Laurel, not Lauren.
So they caught you trying to bring someone in illegally? I think you can still get a nonimmigrant waiver under INA 212(d)(3), but it might be tough given the nature of the violation.
SDEB: I have, i believe, a strong hardship: care for my autistic son. My other strong one is caring for my mother. I have 6 brothers and sisters in the state but none help. Should I bother with this hardship or delete it. My siblings are willing to write the fact that there job and own responsibilities don't allow them to help which is true. My mom also wrote a letter plus her doctor and records.
Laurel: The more able-bodied sibling you have living nearby the less credible it becomes to say that NONE of them can take over for you if you leave and they will just let your mother suffer. I would still include the argument, but realize its weaknesses.
As for the autistic son, the medical community keeps broadening the definition of 'autistic'. Right now the term includes people with very severe cases (e.g. Rain Man) and people with very mild cases (e.g. Bill Gates). You need to be clear about the severity of his case, with lots of evidence and proof of what kind of special help he needs here in the US and what all this has to do with the waiver.
martha-flores: my husband and i have been married since august 13, 2001 we have already put in his pettition. i am a citizen. we are now just waiting for the appoinment to go to juarez. however he enter the u.s in 2000, we married in 2001 and he was caught crossing the border coming back to the U.S in 2002. He was then finger printed. is he not elegible for the pardon? should we go to the appointment?
Laurel: It sounds like he's inadmissible under INA 212a9C because he was unlawfully present more than a year after 1997, left and returned without inspection. He would not be eligible to apply for the waiver and would get 'stuck' in Mexico for 10 years if you try this.
jessica: Since someone brought the subject of the TPS,after hurricane Felix in Nicaragua they were asking to extend the TPS program to other nicaraguans not included before, do you know if this was ever approved or denied?
Laurel: I don't know. But I do know that TPS for certain Central American has been extended, extended, extended .... For Hondurans, TPS came about after a Hurricaine in 1998!!! And its still getting extended. TPS is supposed to be for emergencies and its supposed to end when the emergency is over. I think the emergencies arrising after these Hurricaines in Central America are now over. TPS is being extended for purely political reasons. I think they are going to keep extending until there's finally reform.
james: I'm in the middle of filing 601. One of my hardships is unemployment due to depression. I have been out of work but looking. If I get work will that effect my ability to use that as a hardship.
Laurel: Well, if you used to be an ER doc, but were asked to leave when it was clear you couldn't focus, and now after 18 months you finally took a job at the local convenience store, then I don't think that employment will affect your argument. So, it depends on the facts of the case.
laura: for a hsl , do you think that if I incude a police's documents that says the house that we have in US is in danger because already happend a disaster during my husband USC needs to travel toMexico to stay a long period with us ,
Laurel: That might be good documentation and a good argument, but I have a tough time discussing what arguments and documents to include when I haven't evaluated the case as a whole.
majmikew: Miss Scott, my wife is Indonesian, she came to USA by EWI status by passing through Canada (tourist visa). She has been here for 5 years. We got married in July 2007 and now we're expecting.
Laurel: So she had a tourist visa to Canada, but not the US? And she EWIed through Canada. Ok. In order to resolve this, she'll need to do a foreign-filed waiver. I'm not sure what CIS office a waiver filed in Indonesia would go through, but if its Bangkok, it might be worth a try. Do not attempt it without an attorney. I wouldn't send your wife abroad without being confident of an approval. Understand that even when the attorney is confident, there's always a risk of denial.
laura: in Mexico, sorry for the confuse, beeing in US I decided to go to Mexico , but at that time Ialready appled for my residence in US , I enter with a tourist visa and I overstayed
Laurel: Sounds like you had at least one year unlawful presence before proceeding abroad. Applying for adjustment of status stops the clock, but you may have had more than one year either before applying for AOS the first time or between the first and second time you applied.
cm21om25: Can one get a SS number with the K3 or do we have to wait for the work authorization?
Laurel: You should be able to get a SS# with a K3, but while some clients have reported no problems doing this, others have reported that the SS officer insisted on seeing an EAD. Its just easier to do it if you have an EAD. The SS officers aren't experts on immigration and its often easier to get the EAD than to argue with the SS officers.
MG: Hello, Could you tell me what steps we can take to get a vistors visa for my husbands parents? I am a us citizen and he has has his residency for about 1 1/2yrs. Thanks
Laurel: They can file DS-156s at the consulate, but they are very unlikely to be able to get tourist visas when their son is an LPR. It will look like they have immigrant intent. You will have to work hard to prove that they do not have immigrant intent and will depart once their authorized stay is over.
MG: Hello, Could you tell me what steps we can take to get a vistors visa for my husbands parents? I am a us citizen and he has has his residency for about 1 1/2yrs. Thanks
Laurel: They can file DS-156s at the consulate, but they are very unlikely to be able to get tourist visas when their son is an LPR. It will look like they have immigrant intent. You will have to work hard to prove that they do not have immigrant intent and will depart once their authorized stay is over.
alaura: How can a person know if their attorney is to trust. We hired an attorney and she made things sound so sweet and simple. But I'm thinking our case may not be as easy.
Laurel: Great question. Its hard to say really. There are some very successful, very bad attorneys out there. I think you just have to go by word of mouth with people who have already used that lawyer.
Q: I have to log off, can someone copy the last part of the chat and PM it to me...
Your question has been submitted to the moderator.
majmikew: My baby will be due at the end of this January, and after that I'd like you to help us to do our case.
Laurel: Do a consultation when you're ready to get started. I'll evaluate the case at that time.
Laurel: Ok, guys. There are 28 questions pending, but its noon and the chat is coming to a close. I will see you all next week.