Laura
01-16-2008, 02:35 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.
mnava: Good morning Laurel, thanks for the email response, I do have another question regarding the child/parent petition, is there any way the mom can legalize her status?
Laurel: For everyone's benefit, can I fill them in on the other facts of this case?
mnava: please
Laurel: The question was in regard to an adult USC who has petitioned for an EWI parent. The alien's interview in Juarez was coming up. Mini was checking (for a friend) to make sure the parent would be eligible for a waiver. She will not. USC child is not a qualifying relative for the I-601 waiver. USCs should not send their parents aborad to attempt the waiver process. USC children, are, however, qualifying relatives for Cancellation of Removal. I just need to check for an age limit on the child. I'll do that and post to the forum under where the transcript of this chat is posted. If the EWI parent is not 245i eligible, then generally, the answer is 'no', there are no other options, save some less common onces described in my YouTube videos.
laurafern11: From Amber: My I-130 was just approved last Thursday. However, I also submitted the I-129f, which is still pending. USCIS told me that I will have to do the CR/IR in Juarez since the I-130 was approved first. Is this correct? In addition, on the I-130 on question 22, I put that the I-130 be sent to my local office since I was planning for a K-3 visa and adjusting in the US. If I have to do the CR/IR, will USCIS automatically forward the I-130 to NVC or do I have to do something to change it from being sent to the local office? I called USCIS and they were not able to answer this questions.
Laurel: Don't call the CIS 800 number. They don't know. As long as the I-130 was not already approved at the time you filed the I-129F, the I-129F should still continue to be processed. If both the IV case and the K3 case were up for interviews at around the same time at the consulate, they would make you do the IV. But right now your I-130 isn't even going to the consulate, its going to your local office, so you will be going for the K3.
meemofrog: My husband and I have submitted our I 130 and it was approved in December…but we are having a problem because my husband was never registered in Mexico when he was younger, and does not have a birth certificate. Our lawyer wrote a power of attorney letter that we sent to my husband’s father to try and register him, but the they told his father that my husband had to register himself in Mexico, no one else can do this for him since he is over 21. It will be very difficult for my husband to go to Mexico to do this, so we are wondering if there is any other way?! The town is small where his father tried to register him, so I am wondering if that may be a problem, maybe in Mexico City it would be easier?
Laurel: Ah, the Mexican EWI who can't get a Mexican passport. Go for the K3 and leave for Mexico early, trying to get the Mexican passport before the K3 interview. I might try again pressuring the Mexican consulate to issue the passport before he heads down, but its a tough nut to crack. They have their own procedures that I'm not an expert in.
cazz: Hi Laurel! My husband had his original interview at CDJ in July 2005. He admitted to using marijuana 10 months prior to the interview, and they banned him for 26 months. (I know it could have been 36) We had our second chance in October 2007, and they let him file the I-601 waiver. They referred the waiver to the backlog and said that it needed further review. We have a severely autistic son who is 3, and we have submitted an expedite request to CDJ through our Senator, citing regression and lack of insurance for our son as grounds. (with documentation from psychologist) It was sent on January 3, 2008, with a cover letter from the Senator. Do you think CDJ will honor the expedite request seeing my husband’s past admission of drug use? If so, how long do you think it might take? (your opinion, I know you can’t guarantee a wait time) Thanks!
Laurel: Its not an immediately life threatening condition. I expect the expedite request to be denied.
angela256z: Good Morning Laurel! How you been? Good I hope....ok here is my question. If I bring a child over on a K4 what is the next step to getting them greencards? I know for my husband I file AOS, but what about the children. Also can a K4 travel in and out of Mexico while waiting for their other papers?
Laurel: For a K4, once the child enters you need to do the AOS before the child turns 21, meaning you need an approval before he turns 21, so get it filed as soon as possible. If no decision has been made less than 6 months before his 21st birthday, request an expedite on the grounds of a potential age-out. They will expedite a K visa AOS for a child if there's a danger of aging out as the Child Status Protection Act specifically excludes K visa derivatives. Bear in mind that if the child was 18 or over at the time of the marriage, the child will NOT be able to adjust status. This is a difference between the K2 and the K4.
Laurel: Yes, a K4 can use the K4 visa to travel back and forth while the AOS is pending. No Advanced Parole is needed.
mach12: Our interview is Feb 26 in CDJ. When asked if he has ever had trouble with police or immigration, does he answer yes or no? (Im confused) no police record, driving tickets, dui, nothing and only time he had an immigration issue was when he tried to enter states from Canada(after already an overstay in states on tourist visa more than a year) he was stopped, questioned and ordered exp remov. from states and then deported on Canada’s dollar. He has been in Mexico since then, 2 ½ yrs. Im not trying to hide anything, I just thought that question, which I heard is asked a lot in CDJ, referred to past history…not the reason he’s in CDJ…if that makes sense.
Laurel: He answers 'no' to the question about arrests, but 'yes' to questions about being deported and 'yes' to questions about being refused entry and 'yes' to questions about prior violations of immigration law.
cazz: Hey there Laurel, loving the you tube videos! Wondering what you may have heard about CDJ putting a 10 year ban on those with a DWI? (not a DUI) Is this just a rumor, or has this actually gone into effect?
Laurel: CDJ can't on its own create a new ground of inadmissibility.
Laurel: They don't have that authority
nina: hello laurel, i know that you say you like to see 10 years pass since the last conviction for multiple criminal convictions, (before going ahead with the waiver), what are you basing thi s on? have you had experience doing a waiver for someone with multiple c.c.'s after lets say 5 years and were denied? also lets say ten years has gone by since last conviction and waiver is handed in, do you need to show a higher level of hardships (i am asking about someone who needs an i601 for illegal presence but also has criminal convictions)
Laurel: How much rehabilitation you need to show depends on the nature of the crime. When I say 10 years, etc., its just my sense of what kind of time period is convincing. Its more based on the length of period between convictions for people who have multiple convictions. I often see convictions spread a few years apart, so showing that its been two or three years since the last conviction is, to me, not convincing. The longer its been, the more convincing it is. There's not really any case law for me to use. But I know that when I see patterns, the adjudicators do, too. And if I think three years is not enough time, but ten years is, chances are, the adjudicators are thinking the same thing.
nina: hello laurel, i know that yuo say you like to see 10 years pass since the last conviction for multiple criminal convictions, (before going ahead with the waiver), what are you basing thi s on? have you had experience doing a waiver for someone with multiple c.c.'s after lets say 5 years and were denied? also lets say ten years has gone by since last conviction and waiver is handed in, do you need to show a higher level of hardships (i am asking about someone who needs an i601 for illegal presence but also has criminal convictions)
Laurel: How much rehabilitation you need to show depends on the nature of the crime. When I say 10 years, etc., its just my sense of what kind of time period is convincing. Its more based on the length of period between convictions for people who have multiple convictions. I often see convictions spread a few years apart, so showing that its been two or three years since the last conviction is, to me, not convincing. The longer its been, the more convincing it is. There's not really any case law for me to use. But I know that when I see patterns, the adjudicators do, too. And if I think three years is not enough time, but ten years is, chances are, the adjudicators are thinking the same thing.
Mendoza: Laurel, I have a question for a friend: She is going to have to submit a waiver for 9b for her husband (husband is intending immigrant). She and her children do not have much hardships except like asmatic tendencies and eczema and financial. But she does take care of her mother with MS, her sister with possible MS, her 94 year old grandmother and her 3 kids plus she helps with her sister's 3 kids (she stays home and cares for family and her husband works). The thing is their lawyer is saying that her care for the family is not a harship and that she can only mention it at the end of the letter, after her hardships which are basically nothing. Do you agree? Or should the family care giver hardship be the main focus of the letter? Just wanted to see if you can give your opinion of the hardship based on the info I have! Thanks!
Laurel: It sounds like the assistance she provides to the rest of her family should be one of the main arguments.
jessfs: A friend of ours was caught entering the US and held for 3 months after that released on a $9,000. bail and a court date. He never showed up for court, now his fiance a USC wants to know if theres anything she could do to get him legalized.
Laurel: Because he was caught attempting to enter and was bailed out, he will be treated as an "arriving alien" and even if he got the deportation case reopened (unlikely), he still wouldn't be able to adjust status. He's now a deportation absconder, which means he has a very low likelihood of getting a waiver approved. They can go ahead and get married, but this might be one where they should wait for reform.
mach12: I read the memo for the 601 packet that Warren prefers colored paper, no tabs. My letter contains citations regarding the exhibits and there are quite a few, over 40. How will they possibly be able to flip to an exhibit with only identical colored inserts separating them? I want to do what they ask but I also want to make my packet easy to read and documents easy to find. What should I do? Also, my hardship letter originally had the hardships as headers before each section, medical, family, etc. and when I sent it to my lawyer he took them out so now it just flows like a personal letter. I found it easier for the adjudicator beforehand with headers, so they could easily read what topic they chose to. Should I put them back in?
Laurel: Did I say Warren preferred colored paper?? I'm not sure I ever said that. I probably said that I asked him if he had a preference for tabs and he said something like, 'not really'. Ultimately it doesn't really matter which you choose as long as you make the thing easy to navigate and you remember that it will be attached to the file at the top, so if you do use tabs, they should be along the bottom, not the side. If you have 40 exhibits, you may want to pare it down. That's probably too much.
Remember, when the Pilot Program was introduced, you got a new challenge on the waiver. Now, not only do you need to make the packet convincing, you need to make it convincing in 15 minutes or less. If your packet is too big, the adjudicator might not be able to review it in 15 minutes or less and will refer it simply because its too much for them to make a speedy decision. Be both CONVINCING and BRIEF. Its not easy.
Mendoza: Is a step parent (who has NOT adopted the children) be a qualifying relative for the I-601?
Laurel: I believe so. As long as the marriage between the child's natural parent and step-parent occurred before the child turned 18, the Immigration and Naitonality Act essentially treats the step-parent the same as a natural parent.
Laurel: I MIGHT look that one up, though.
Great questions today. You guys are challenging me.
GP: Good morning Laurel! Will it be OK if a letter from my Dad is dictated in Italian and at the same time translated by someone else in English? He can't type. And it's dificult to read his writing. I think his letter would be very important for the waiver packet and I don't want to rest credibility to it. What would you suggest? Thanks.
Laurel: I would include both his handwritten letter and a certified English trasnlation.
alaura: My Case was taken as a humanitarian case by my attorney due to medical conditions. But we were not well educated when we filed, I have been asking and have been advised that we probably will not qualify
Laurel: Not qualify to apply?
Mendoza: I know you do not like to do this, but would you be willing ot read over someone's hardship letter and give them some pointers on making it better? How much would you charge if you do?
Laurel: I can read it over and tell them what's wrong with it, but as soon as I start telling them how to make it better, I'm guiding them in preparing their own case pro se, something that leads to liability questions and profesional responsibility questions.
mach12: My 130 case was completed at NVC Oct 07. I turned in tax returns for past 3 yrs and pay stubs and assets in order to meet the poverty guidelines. My company shortly after went out of business. Our IV interview came up first and now Im nervous about not having a job. I am trying to quickly get hired before our interview on Feb 26 so I have some recent pay stubs but no such luck yet. I have an offer letter for a job, will that be enough? I also wont have a w2 from my main job as it was a contractor position. Im worried I could screw up our case that we’ve worked so hard on and waited so long for. Would a job through a temp agency look bad? How closely will they look and ask?
Laurel: As long as you're making enough at the temp agency, it should be ok. I might go into the interview with a copy of the most recent memo regarding the I-864 and point out that it says quite clearly that if the income is sufficient on the most recent tax return, no further evidence should be required. See if that works first. If it doesn't, then hand in the most recent paystubs from the temp agency and/or this offer letter for a job that meets the income requirement.
annabanana: would the I-601 waiver be filed at the consulate at the time of my husbands interview?
Laurel: Depends on the consulate. In Mexico, no because you hand it in at the waiver interview. In most of South America, they will make you come back to a second consular appointment to hand it in. In most other regions of the world, they let you hand in the waiver at the end of the consular interview.
meemofrog: he was able to get a mex. passport for one year (so we could get married), but it will expire in May...and I do not think that they will "renew" it for us
Laurel: Ask them
laurafern11:
From Klaudia: We had the AOS interview today in NYC with an in country waiver for entering the country with a fraudulent passport. The interview was only 10 minutes long. The officer was not nice, never smiled but seemed to have read our AOS package in advance. Questions were asked by the officer only to my husband. The officer then asked our lawyer whether there is any case law that supports inspection when you enter fraudulently. My lawyer said that he was sure there were case law like that but he added that he had won 5 cases last year with the same scenario. The officer than took the hardship waiver and said that our case is pending and that we should hear from him within 30 days. My question is, when interviews are this short does it mean that they don’t get approved? Is there any case law really that supports the idea that entering fraudulently means the person is inspected? What could be your good guess in our chances of approval based on the above facts?
Laurel: A short interview doesn't mean much. There's no case law that definitively answers the legal question on whether an entry with fraud is an admission for purposes of INA 245(a). The case law that gets the closest is Matter of Areguillin, 17 I. & N. Dec. 308 (1980).
Laurel: Generally speaking, CIS has been allowing in-country waivers on AOS cases like this, but they can change their interpretation of the law at any time.
Day: I had my Infopass Interview back in October and was put in backlog. How can I find out where my I-601 is being processed?
Laurel: You probably can't. Its somewhere in Mexico most likely.
alaura: sorry I did not finish my question. my attorney (Brown) will proceed for a humanitarian visa due to medical reasons. I have been told in the forum that we probably will not qualify for either that nor cancellation of removal this due to two or more EWI's, We do not wan't to risk it and receive a ban, we are thinking of dropping the case now But have already hired a good attorney here in Texas. How do we break the news to her? or do you advise us to stay with the process?
Laurel: There is no such thing as a "Humanitarian Visa". It simply does not exist. There is such a thing as Humanitarian Parole, but that is issued to people who are currently abroad and need to enter for medical treatment. It is not issued to people who are already here and need to stay for medical treatment. If you are already here and need to stay for medical treatment, you can go for Deferred Action or possibly Special Legislation (also called a Private Bill) if you are not eligible for Cancellation of Removal and it sounds like you are not.
angela256z: Is there a difference in timeline for a K4 AOS than a K3? Our kids are 7 and 9 yeras old. If we file when they are 9 and 11 is there a possible change of an age out? Or are we still looking at the normal processing time for both the K3 and K4? Thanks!
Laurel: Should be normal processing time for them, not to much to fear.
jessfs: Any news about the pilot program starting in any other countires?
Laurel: Not at this time.
m.g.c: I have just received my husband appt. to Juarez but we are a bit unsure on what to do. He came to the U.S in 2000 (illegally) we got married in 2001, he left to Mexico, came back and was caught and fingerprinted in 2002. Is there a chance that the fingerprints show up and he is denied at the interview? would this be a case you would want to take??
Laurel: How long was he unlawfully present before he left and attempted to return EWI?
mnava: I am not familiar with what the cancellation of removal process is and what it does for the EWI parent. Can you briefly explain or guide me to where I can read on this? Thanks.
Laurel: Cancellation of Removal is a deportation defense. You must do it in immigration court, which means you have to place yourself in deportation proceedings in order to try it. Generally, the requirements for an EWI are: (a) you have to have been continuously present in the US for at least 10 years, (b) you have to have been a person of good moral character during those 10 years (i.e. no arrests at all for ten years), (c) you cannot have convictions for certain things from before 10 years ago, and (d) you have to prove EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP to a US citizen or permanent resident spouse, parent or child.
cm21om25: Laurel, I emailed you my letter (sort of) last Tuesday did you receive it? Just wanted to make sure.
Laurel: I'm reviewing it today.
jojo: can i get work permit if i am in immigration court?
Laurel: Only in very limited circumstances, such as an asylum claim pending more than 180 days without any delays on your part.
laurafern11: Re: Jess' question about the "immigration absconder." So, if someone is given VD and doesn't comply and then leaves three years later (for example) to go to a CDJ interview, are they also unlikely to get a waiver, or is the case where he skipped the court date more serious?
Laurel: If you get VD and don't leave, it converts to a deportation order after your VD deadline. If you don't show up for court, you get a deportation order in your absence. So, pretty much the same effect.
majmikew: Hi, Miss Scott, I'm 100% disabled social security and VA, I was medically retired from Air Force, I got married in July 2007 and my wife is Indonesian. She went to Canada by using canadian tourist visa (on 26 Dec 2002) then she came to USA (in middle of February 2003) by crossing canadian and american border illegally (EWI status). Now we're expecting and our baby is due at the end of this month. My question is what I supposed to do for fixing her status in USA ?
Laurel: Didn't I answer this one last week? She can try for the foreign-filed waiver, but remember she'll be gone while the waiver is pending and there's no guarantee of approval. Let me check what CIS office the waiver would go through. Hang on.
Laurel: You're in luck, it would go to Bangkok, which is more lenient than many of the CIS offices in that region of the world. They're also fairly quick: like 3-4 months.
laurafern11: Also, in regard to the question I asked for Klaudia - I told her you would probably say that you can't really comment on the case without evaluating the hardships, and she replied and said these were the major hardships: Major depressive disorder
Gestational Diabetes and Onset of Type 2 diabetes
Clostridum difficile colitis
Neuroma- foot injury
Premature Ovarian failure
Family ties
Security Risks
Laurel: Nothing is popping out as being a very strong argument, but she might make a totality of the circumstances argument. I think her presentation will be important. "Major depression" is such a common argument, its lost its 'punch'. 'Gestational diabetes' is temporary. 'Onset of Type 2 diabetes' ... so does she have it or no? Don't know what that next one is. Foot injury? What do you mean? Premature Ovarian failure? How is the problem alleviated by her husband's presence in the US? "Family ties" is a very common argument. By "security risks" do you mean "high crime rate"? Another very, very common argument. Generally, the more common the argument, the weaker it is.
Day: Do you know how long it is taking for the waivers to get approve?
Laurel: As little as 2 hours. As much as 18 months. It depends.
beko: hi Laurel, I have a question about getting A EAD / Workpermit for my K1 visa. I heard tht
Laurel: Just apply for it with your AOS.
soulcheft: I hate to go BACk to the hardship letter, but I am preparing mine for my husband's interview on the 28th. I have only just begun, but I feel like I am giving WAY too much information...How can I avoid going over the "15 minute" rule?
Laurel: Figure out which 3-5 arguments are your strongest. If you have 3 strong arguments and 5 weak ones, screw the weaks ones. Focus is especially important for the Pilot Program.
Laurel: There are bunch of questions waiting to be answered, but its noon. I'll 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.
mnava: Good morning Laurel, thanks for the email response, I do have another question regarding the child/parent petition, is there any way the mom can legalize her status?
Laurel: For everyone's benefit, can I fill them in on the other facts of this case?
mnava: please
Laurel: The question was in regard to an adult USC who has petitioned for an EWI parent. The alien's interview in Juarez was coming up. Mini was checking (for a friend) to make sure the parent would be eligible for a waiver. She will not. USC child is not a qualifying relative for the I-601 waiver. USCs should not send their parents aborad to attempt the waiver process. USC children, are, however, qualifying relatives for Cancellation of Removal. I just need to check for an age limit on the child. I'll do that and post to the forum under where the transcript of this chat is posted. If the EWI parent is not 245i eligible, then generally, the answer is 'no', there are no other options, save some less common onces described in my YouTube videos.
laurafern11: From Amber: My I-130 was just approved last Thursday. However, I also submitted the I-129f, which is still pending. USCIS told me that I will have to do the CR/IR in Juarez since the I-130 was approved first. Is this correct? In addition, on the I-130 on question 22, I put that the I-130 be sent to my local office since I was planning for a K-3 visa and adjusting in the US. If I have to do the CR/IR, will USCIS automatically forward the I-130 to NVC or do I have to do something to change it from being sent to the local office? I called USCIS and they were not able to answer this questions.
Laurel: Don't call the CIS 800 number. They don't know. As long as the I-130 was not already approved at the time you filed the I-129F, the I-129F should still continue to be processed. If both the IV case and the K3 case were up for interviews at around the same time at the consulate, they would make you do the IV. But right now your I-130 isn't even going to the consulate, its going to your local office, so you will be going for the K3.
meemofrog: My husband and I have submitted our I 130 and it was approved in December…but we are having a problem because my husband was never registered in Mexico when he was younger, and does not have a birth certificate. Our lawyer wrote a power of attorney letter that we sent to my husband’s father to try and register him, but the they told his father that my husband had to register himself in Mexico, no one else can do this for him since he is over 21. It will be very difficult for my husband to go to Mexico to do this, so we are wondering if there is any other way?! The town is small where his father tried to register him, so I am wondering if that may be a problem, maybe in Mexico City it would be easier?
Laurel: Ah, the Mexican EWI who can't get a Mexican passport. Go for the K3 and leave for Mexico early, trying to get the Mexican passport before the K3 interview. I might try again pressuring the Mexican consulate to issue the passport before he heads down, but its a tough nut to crack. They have their own procedures that I'm not an expert in.
cazz: Hi Laurel! My husband had his original interview at CDJ in July 2005. He admitted to using marijuana 10 months prior to the interview, and they banned him for 26 months. (I know it could have been 36) We had our second chance in October 2007, and they let him file the I-601 waiver. They referred the waiver to the backlog and said that it needed further review. We have a severely autistic son who is 3, and we have submitted an expedite request to CDJ through our Senator, citing regression and lack of insurance for our son as grounds. (with documentation from psychologist) It was sent on January 3, 2008, with a cover letter from the Senator. Do you think CDJ will honor the expedite request seeing my husband’s past admission of drug use? If so, how long do you think it might take? (your opinion, I know you can’t guarantee a wait time) Thanks!
Laurel: Its not an immediately life threatening condition. I expect the expedite request to be denied.
angela256z: Good Morning Laurel! How you been? Good I hope....ok here is my question. If I bring a child over on a K4 what is the next step to getting them greencards? I know for my husband I file AOS, but what about the children. Also can a K4 travel in and out of Mexico while waiting for their other papers?
Laurel: For a K4, once the child enters you need to do the AOS before the child turns 21, meaning you need an approval before he turns 21, so get it filed as soon as possible. If no decision has been made less than 6 months before his 21st birthday, request an expedite on the grounds of a potential age-out. They will expedite a K visa AOS for a child if there's a danger of aging out as the Child Status Protection Act specifically excludes K visa derivatives. Bear in mind that if the child was 18 or over at the time of the marriage, the child will NOT be able to adjust status. This is a difference between the K2 and the K4.
Laurel: Yes, a K4 can use the K4 visa to travel back and forth while the AOS is pending. No Advanced Parole is needed.
mach12: Our interview is Feb 26 in CDJ. When asked if he has ever had trouble with police or immigration, does he answer yes or no? (Im confused) no police record, driving tickets, dui, nothing and only time he had an immigration issue was when he tried to enter states from Canada(after already an overstay in states on tourist visa more than a year) he was stopped, questioned and ordered exp remov. from states and then deported on Canada’s dollar. He has been in Mexico since then, 2 ½ yrs. Im not trying to hide anything, I just thought that question, which I heard is asked a lot in CDJ, referred to past history…not the reason he’s in CDJ…if that makes sense.
Laurel: He answers 'no' to the question about arrests, but 'yes' to questions about being deported and 'yes' to questions about being refused entry and 'yes' to questions about prior violations of immigration law.
cazz: Hey there Laurel, loving the you tube videos! Wondering what you may have heard about CDJ putting a 10 year ban on those with a DWI? (not a DUI) Is this just a rumor, or has this actually gone into effect?
Laurel: CDJ can't on its own create a new ground of inadmissibility.
Laurel: They don't have that authority
nina: hello laurel, i know that you say you like to see 10 years pass since the last conviction for multiple criminal convictions, (before going ahead with the waiver), what are you basing thi s on? have you had experience doing a waiver for someone with multiple c.c.'s after lets say 5 years and were denied? also lets say ten years has gone by since last conviction and waiver is handed in, do you need to show a higher level of hardships (i am asking about someone who needs an i601 for illegal presence but also has criminal convictions)
Laurel: How much rehabilitation you need to show depends on the nature of the crime. When I say 10 years, etc., its just my sense of what kind of time period is convincing. Its more based on the length of period between convictions for people who have multiple convictions. I often see convictions spread a few years apart, so showing that its been two or three years since the last conviction is, to me, not convincing. The longer its been, the more convincing it is. There's not really any case law for me to use. But I know that when I see patterns, the adjudicators do, too. And if I think three years is not enough time, but ten years is, chances are, the adjudicators are thinking the same thing.
nina: hello laurel, i know that yuo say you like to see 10 years pass since the last conviction for multiple criminal convictions, (before going ahead with the waiver), what are you basing thi s on? have you had experience doing a waiver for someone with multiple c.c.'s after lets say 5 years and were denied? also lets say ten years has gone by since last conviction and waiver is handed in, do you need to show a higher level of hardships (i am asking about someone who needs an i601 for illegal presence but also has criminal convictions)
Laurel: How much rehabilitation you need to show depends on the nature of the crime. When I say 10 years, etc., its just my sense of what kind of time period is convincing. Its more based on the length of period between convictions for people who have multiple convictions. I often see convictions spread a few years apart, so showing that its been two or three years since the last conviction is, to me, not convincing. The longer its been, the more convincing it is. There's not really any case law for me to use. But I know that when I see patterns, the adjudicators do, too. And if I think three years is not enough time, but ten years is, chances are, the adjudicators are thinking the same thing.
Mendoza: Laurel, I have a question for a friend: She is going to have to submit a waiver for 9b for her husband (husband is intending immigrant). She and her children do not have much hardships except like asmatic tendencies and eczema and financial. But she does take care of her mother with MS, her sister with possible MS, her 94 year old grandmother and her 3 kids plus she helps with her sister's 3 kids (she stays home and cares for family and her husband works). The thing is their lawyer is saying that her care for the family is not a harship and that she can only mention it at the end of the letter, after her hardships which are basically nothing. Do you agree? Or should the family care giver hardship be the main focus of the letter? Just wanted to see if you can give your opinion of the hardship based on the info I have! Thanks!
Laurel: It sounds like the assistance she provides to the rest of her family should be one of the main arguments.
jessfs: A friend of ours was caught entering the US and held for 3 months after that released on a $9,000. bail and a court date. He never showed up for court, now his fiance a USC wants to know if theres anything she could do to get him legalized.
Laurel: Because he was caught attempting to enter and was bailed out, he will be treated as an "arriving alien" and even if he got the deportation case reopened (unlikely), he still wouldn't be able to adjust status. He's now a deportation absconder, which means he has a very low likelihood of getting a waiver approved. They can go ahead and get married, but this might be one where they should wait for reform.
mach12: I read the memo for the 601 packet that Warren prefers colored paper, no tabs. My letter contains citations regarding the exhibits and there are quite a few, over 40. How will they possibly be able to flip to an exhibit with only identical colored inserts separating them? I want to do what they ask but I also want to make my packet easy to read and documents easy to find. What should I do? Also, my hardship letter originally had the hardships as headers before each section, medical, family, etc. and when I sent it to my lawyer he took them out so now it just flows like a personal letter. I found it easier for the adjudicator beforehand with headers, so they could easily read what topic they chose to. Should I put them back in?
Laurel: Did I say Warren preferred colored paper?? I'm not sure I ever said that. I probably said that I asked him if he had a preference for tabs and he said something like, 'not really'. Ultimately it doesn't really matter which you choose as long as you make the thing easy to navigate and you remember that it will be attached to the file at the top, so if you do use tabs, they should be along the bottom, not the side. If you have 40 exhibits, you may want to pare it down. That's probably too much.
Remember, when the Pilot Program was introduced, you got a new challenge on the waiver. Now, not only do you need to make the packet convincing, you need to make it convincing in 15 minutes or less. If your packet is too big, the adjudicator might not be able to review it in 15 minutes or less and will refer it simply because its too much for them to make a speedy decision. Be both CONVINCING and BRIEF. Its not easy.
Mendoza: Is a step parent (who has NOT adopted the children) be a qualifying relative for the I-601?
Laurel: I believe so. As long as the marriage between the child's natural parent and step-parent occurred before the child turned 18, the Immigration and Naitonality Act essentially treats the step-parent the same as a natural parent.
Laurel: I MIGHT look that one up, though.
Great questions today. You guys are challenging me.
GP: Good morning Laurel! Will it be OK if a letter from my Dad is dictated in Italian and at the same time translated by someone else in English? He can't type. And it's dificult to read his writing. I think his letter would be very important for the waiver packet and I don't want to rest credibility to it. What would you suggest? Thanks.
Laurel: I would include both his handwritten letter and a certified English trasnlation.
alaura: My Case was taken as a humanitarian case by my attorney due to medical conditions. But we were not well educated when we filed, I have been asking and have been advised that we probably will not qualify
Laurel: Not qualify to apply?
Mendoza: I know you do not like to do this, but would you be willing ot read over someone's hardship letter and give them some pointers on making it better? How much would you charge if you do?
Laurel: I can read it over and tell them what's wrong with it, but as soon as I start telling them how to make it better, I'm guiding them in preparing their own case pro se, something that leads to liability questions and profesional responsibility questions.
mach12: My 130 case was completed at NVC Oct 07. I turned in tax returns for past 3 yrs and pay stubs and assets in order to meet the poverty guidelines. My company shortly after went out of business. Our IV interview came up first and now Im nervous about not having a job. I am trying to quickly get hired before our interview on Feb 26 so I have some recent pay stubs but no such luck yet. I have an offer letter for a job, will that be enough? I also wont have a w2 from my main job as it was a contractor position. Im worried I could screw up our case that we’ve worked so hard on and waited so long for. Would a job through a temp agency look bad? How closely will they look and ask?
Laurel: As long as you're making enough at the temp agency, it should be ok. I might go into the interview with a copy of the most recent memo regarding the I-864 and point out that it says quite clearly that if the income is sufficient on the most recent tax return, no further evidence should be required. See if that works first. If it doesn't, then hand in the most recent paystubs from the temp agency and/or this offer letter for a job that meets the income requirement.
annabanana: would the I-601 waiver be filed at the consulate at the time of my husbands interview?
Laurel: Depends on the consulate. In Mexico, no because you hand it in at the waiver interview. In most of South America, they will make you come back to a second consular appointment to hand it in. In most other regions of the world, they let you hand in the waiver at the end of the consular interview.
meemofrog: he was able to get a mex. passport for one year (so we could get married), but it will expire in May...and I do not think that they will "renew" it for us
Laurel: Ask them
laurafern11:
From Klaudia: We had the AOS interview today in NYC with an in country waiver for entering the country with a fraudulent passport. The interview was only 10 minutes long. The officer was not nice, never smiled but seemed to have read our AOS package in advance. Questions were asked by the officer only to my husband. The officer then asked our lawyer whether there is any case law that supports inspection when you enter fraudulently. My lawyer said that he was sure there were case law like that but he added that he had won 5 cases last year with the same scenario. The officer than took the hardship waiver and said that our case is pending and that we should hear from him within 30 days. My question is, when interviews are this short does it mean that they don’t get approved? Is there any case law really that supports the idea that entering fraudulently means the person is inspected? What could be your good guess in our chances of approval based on the above facts?
Laurel: A short interview doesn't mean much. There's no case law that definitively answers the legal question on whether an entry with fraud is an admission for purposes of INA 245(a). The case law that gets the closest is Matter of Areguillin, 17 I. & N. Dec. 308 (1980).
Laurel: Generally speaking, CIS has been allowing in-country waivers on AOS cases like this, but they can change their interpretation of the law at any time.
Day: I had my Infopass Interview back in October and was put in backlog. How can I find out where my I-601 is being processed?
Laurel: You probably can't. Its somewhere in Mexico most likely.
alaura: sorry I did not finish my question. my attorney (Brown) will proceed for a humanitarian visa due to medical reasons. I have been told in the forum that we probably will not qualify for either that nor cancellation of removal this due to two or more EWI's, We do not wan't to risk it and receive a ban, we are thinking of dropping the case now But have already hired a good attorney here in Texas. How do we break the news to her? or do you advise us to stay with the process?
Laurel: There is no such thing as a "Humanitarian Visa". It simply does not exist. There is such a thing as Humanitarian Parole, but that is issued to people who are currently abroad and need to enter for medical treatment. It is not issued to people who are already here and need to stay for medical treatment. If you are already here and need to stay for medical treatment, you can go for Deferred Action or possibly Special Legislation (also called a Private Bill) if you are not eligible for Cancellation of Removal and it sounds like you are not.
angela256z: Is there a difference in timeline for a K4 AOS than a K3? Our kids are 7 and 9 yeras old. If we file when they are 9 and 11 is there a possible change of an age out? Or are we still looking at the normal processing time for both the K3 and K4? Thanks!
Laurel: Should be normal processing time for them, not to much to fear.
jessfs: Any news about the pilot program starting in any other countires?
Laurel: Not at this time.
m.g.c: I have just received my husband appt. to Juarez but we are a bit unsure on what to do. He came to the U.S in 2000 (illegally) we got married in 2001, he left to Mexico, came back and was caught and fingerprinted in 2002. Is there a chance that the fingerprints show up and he is denied at the interview? would this be a case you would want to take??
Laurel: How long was he unlawfully present before he left and attempted to return EWI?
mnava: I am not familiar with what the cancellation of removal process is and what it does for the EWI parent. Can you briefly explain or guide me to where I can read on this? Thanks.
Laurel: Cancellation of Removal is a deportation defense. You must do it in immigration court, which means you have to place yourself in deportation proceedings in order to try it. Generally, the requirements for an EWI are: (a) you have to have been continuously present in the US for at least 10 years, (b) you have to have been a person of good moral character during those 10 years (i.e. no arrests at all for ten years), (c) you cannot have convictions for certain things from before 10 years ago, and (d) you have to prove EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP to a US citizen or permanent resident spouse, parent or child.
cm21om25: Laurel, I emailed you my letter (sort of) last Tuesday did you receive it? Just wanted to make sure.
Laurel: I'm reviewing it today.
jojo: can i get work permit if i am in immigration court?
Laurel: Only in very limited circumstances, such as an asylum claim pending more than 180 days without any delays on your part.
laurafern11: Re: Jess' question about the "immigration absconder." So, if someone is given VD and doesn't comply and then leaves three years later (for example) to go to a CDJ interview, are they also unlikely to get a waiver, or is the case where he skipped the court date more serious?
Laurel: If you get VD and don't leave, it converts to a deportation order after your VD deadline. If you don't show up for court, you get a deportation order in your absence. So, pretty much the same effect.
majmikew: Hi, Miss Scott, I'm 100% disabled social security and VA, I was medically retired from Air Force, I got married in July 2007 and my wife is Indonesian. She went to Canada by using canadian tourist visa (on 26 Dec 2002) then she came to USA (in middle of February 2003) by crossing canadian and american border illegally (EWI status). Now we're expecting and our baby is due at the end of this month. My question is what I supposed to do for fixing her status in USA ?
Laurel: Didn't I answer this one last week? She can try for the foreign-filed waiver, but remember she'll be gone while the waiver is pending and there's no guarantee of approval. Let me check what CIS office the waiver would go through. Hang on.
Laurel: You're in luck, it would go to Bangkok, which is more lenient than many of the CIS offices in that region of the world. They're also fairly quick: like 3-4 months.
laurafern11: Also, in regard to the question I asked for Klaudia - I told her you would probably say that you can't really comment on the case without evaluating the hardships, and she replied and said these were the major hardships: Major depressive disorder
Gestational Diabetes and Onset of Type 2 diabetes
Clostridum difficile colitis
Neuroma- foot injury
Premature Ovarian failure
Family ties
Security Risks
Laurel: Nothing is popping out as being a very strong argument, but she might make a totality of the circumstances argument. I think her presentation will be important. "Major depression" is such a common argument, its lost its 'punch'. 'Gestational diabetes' is temporary. 'Onset of Type 2 diabetes' ... so does she have it or no? Don't know what that next one is. Foot injury? What do you mean? Premature Ovarian failure? How is the problem alleviated by her husband's presence in the US? "Family ties" is a very common argument. By "security risks" do you mean "high crime rate"? Another very, very common argument. Generally, the more common the argument, the weaker it is.
Day: Do you know how long it is taking for the waivers to get approve?
Laurel: As little as 2 hours. As much as 18 months. It depends.
beko: hi Laurel, I have a question about getting A EAD / Workpermit for my K1 visa. I heard tht
Laurel: Just apply for it with your AOS.
soulcheft: I hate to go BACk to the hardship letter, but I am preparing mine for my husband's interview on the 28th. I have only just begun, but I feel like I am giving WAY too much information...How can I avoid going over the "15 minute" rule?
Laurel: Figure out which 3-5 arguments are your strongest. If you have 3 strong arguments and 5 weak ones, screw the weaks ones. Focus is especially important for the Pilot Program.
Laurel: There are bunch of questions waiting to be answered, but its noon. I'll see you all next week!