Laura
07-25-2007, 05:05 PM
I'll update this as I can throughout the hour.
LF
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.
petal07: Hi Laurel...This ? is for someone else.. Husband EWI in 1998 left in 2003 tried to EWI in Jan 2004 was caught, fingerprinted told 5yr bar released, attemted the next day, caught on US side, arrested, spent 1 mo in jail, told was given 20 yr bar. Has been in Mex since. will they be able to file after 10yrs or do they have to wait 20?
Laurel: Definitely (9)(C). He can apply for a waiver after 10 years
Laurel: My console is telling me there are no new questions at this time. What up with that?
angela256z: Hi Laurel, I sent in my I-130 on July 16th. In question 17 I failed to put myself cause I misread the question. Other people have told me that they forgot to put themselfs in that question also and were approved. Have you had experience with this and someone was not approved or were they send an RFE? Question 17 says list all Husbands/Wifes and children. I don't know what I was thinking....Also do you have an estimate on wait times for I-130 approvals? People have been saying 6+ months due to the fee increase and the amount of applcations sent int during July.
Laurel: The way the question is worded, you're supposed to put yourself there, but I think its a flaw in the form and it should really say "except the petitioner". I always put the spouse petitioner there, but not that big a deal if you forgot. An RFE because of this is unlikely, but not impossible. Wait times may well stretch out specifically for the reason you mentioned.
d5star: Hil Laurel last week you answer my question in regards my husband entering in 1995 returning to his country in 1998 and living again in 2000 and again returning you did tell me that he will get the 10 year ban. But my question today is it 10 years for every single time he re enter ilegal? so if he entered twice ilegal would it be 20 year ban?
Laurel: 9C is technically a permanent bar for which you can apply for a waiver after 10 years. The only 20-year bar mentioned in the INA is for multiple deportations, not just refusal of entry.
Laurel: Hang on. Cochroach emergency.
Laurel: I love this coffee shop, but they got some serious roaches. Trying to get them away from my station here. Gross.
Laurel: ok
Guero: Any news from CDJ?
Laurel: Nothing since last week.
Silver358: When I apply for a K3 am I also applying for a CR/IR too?
Laurel: Yes and no. You have to file the I-130 before you can file the I-129F, so you must have an immigrant visa case pending, but the K3 case itself is not the immigrant visa case and an application for a K3 is not an application for immigrant visa.
susan: I will be sending my I-129 (K1) application today. How long can I expect to wait for an appointment at CDJ?
Laurel: Currently in CDJ they are still not requiring appointments for K1 interviews. The I-129F must be approved (which may take 6 months or so depending on your Service Center) and CDJ must notify you that they have received the approved I-129F case, but once you get that notifcation, you don't need to wait for an appointment notice. This policy is subject to change without notice.
Laurel: Announcement - CIS is changing the locations where you need to file many of your applications and petitions. Pay careful attention to these changes on the CIS website. If you downloaded your instructions a month or so ago and are getting ready to file in a few weeks, the location listed on your instructions for sending the application or petition may be out of date.
petal07: There have been a lot of questions on the forum regarding what Warren is doing since they have not heard anything from him. Any info?
Laurel: He's implementing the PIlot Program and working overtime to clear the backlog. I've been posting updates. At this point I don't think the 'extra adjudicators' are going to materialize, but that's my opinion, not based on any announcement. But he and Oscar are clearing out the backlog as best as possible with the resources currently available to CIS in Mexico.
falperb: I have an 601 pending in athens office for overstaying. I also have 2 misdemeanor offenses. one happened under the age of 18 and one happened after. so first one didnt count because its not violent and the second one did qualify for the petty offense exception so the embassy said that I dont need a criminal waiver. so how is my case gunna be now since Im not criminally inadmissible
Laurel: Crimes committed under the age of 18 "count". Nonviolent crimes "count". It may be that the consulate found it was not a crime of moral turpitude, which is a different matter. But many nonviolent crimes are still crimes of moral turpitude. Even though your criminal history doesn't make you inadmissible, it will still be considered adverse information for your waiver of unlawful presence.
Ankur_Thapar: hi Laurel,I came from india in may 2000 and overstayed my visa then i applied for asylum in Novenber 2001 but took a volentary departure in april 2003 and left the country on time and went to canada. i informed the us counslate in toronto about leaving the country and they closed mah file.Now i came back to us witout inspection in september 2004 for mah wife who is us citizenand got married in march 2005.I would like to know that if my wife applies for my papers do i need i-601 waiver and also what are the chances in US embassy in new delhi
Laurel: If you were unlawfully present for more than one year in the aggregate, left and returned without inspection, you are inadmissible under INA 212(a)(9)(C) and there is no waiver for ten years. Time spent in the US with a bona fide asylum case pending is excluded from time toward that "one year in the aggregate" UNLESS you engaged in unauthorized employment while the asylum case was pending. Also, if it was a frivilous asylum claim, you will not be eligible to apply for an immigrant visa ever and there's no waiver for that. Even if it was not found to be frivilous and assuming you're eligible to apply for a waiver, your prior asylum claim is very relevant to your I-601 waiver case.
to1436: Laurel, have you heard any news from the consulate? Also, what happened to Warren?
Laurel: Warren's fine ya'all, he's just working. I have communicated with him recently. Everything's fine. The fact that the most recent announcement came from Oscar, rather than Warren is not cause for concern.
petal07: I have been asking for doctor letters for my HSL and I have rec'd a few. We don't know our appointment date yet, but we are assuming it will be in Oct. or Nov. Will we have a problem if the Dr. letters are dated sice this month?
Laurel: I prefer not to collect letters from people until I have the interview date for this very reason. I like everything to be as current as reasonable at the time I submit. It should be ok that the letters are a bit old, but its preferable if they are current at the time of filing.
0113: HI.. just wondering.. when I filed my 601 waiver in CDJ for husband his mother was not a PR, so i did not include a letter from her, she is ill.. can or should I send this info to CDJ?
Laurel: She's not a qualifying relative, but its still part of the totality of the circumstances. I don't encourage sending stuff piecemiel to CDJ, but if it will significantly improve the waiver packet, you might want to send.
jhperez: Hi Laurel, Can you explain what the pilot program is and who is eligible to go to cuidad juarez for visa appt thru it please.
Laurel: I think this question is too broad for the chat. I have information on the Pilot Program in my memo. There's a link to my memo on the homepage of my website.
Miss_Liss: Laurel, on the paperwork I got from the NVC it says CR1 but by the time we got for our interview we will have been married for 2 years-will they give us the IR-1?
Laurel: They should issue an IR1, but I think its a grey area of law.
skylarklf: Is it still taking 9+ months in CDJ if you are not approved for the pilot program?
Laurel: Yes and no. The ones they are adjudicating now are from about nine months ago, but as processing is speeding up, people who filed in, say, February, will not have to wait until November for an answer. It will be adjudicated before then.
Trish: my niece is a missionary in Panama. She married someone from there who is also a missionary. They denied his vistors visa saying there is immigrant intent. . How do they go about proving he doesnt want to immigrate, only to visit. Being a missionary, there is no income and the home they live in was built for the missionary.
Laurel: He has to prove he has something to back to when his visit is over. This is a common problem for spouses of citizens who do not intend to immigrate. There is no good nonimmigrant spousal visa. Even the K3, which technically a nonimmigrant visa, actually requires immigrant intent.
petal07: Both of us do not know sign language, he listens carefully only with his better ear. Any other options?
Laurel: Not really as the consulate may just say you have no special skills to communicate with him that they do not have. But bring the medical documentation anyway, so its noted in the file.
Laurel: And at least try to go in with him. There is a chance that they'll just let you in for the reasons you stated.
Laurel: Please, guys, do not post in all caps. I will no longer respond to questions that are in all caps as its hard to read on my little Moderation Console screen.
mlr: Not sure if this is a question you can answer, but my husband needs to go to the SS administration to apply for his SS# and card. Do you happen to know if he can do so with the visa in his passport or do we need to wait for the Greencard? The visa in the passport states it serves as temporary I-551. Thank You
Laurel: If you got the immigrant visa abroad and got the I-551 stamp when entering the US, then as long as you checked the appropriate box on the DS-230, the social security card will come automatically to you and there's no need to go to the social security administration. If you got the I-551 stamp at an adjustment of status interview, you should just show that stamp at the social security administration. If they refuse to recognize it, ask to speak to a supervisor. Be polite, but insistent.
susan: Once I receive the approval letter from CDJ, how do I make an appointment?
Laurel: For the K1 interview? You don't make an appointment at the consulate, you just go. Remember you need to do the medical exam first. Double-check vacation dates on the consulate's website. Show up early. Be sure to schedule your InfoPass appointment in advance, even if you don't need a consular interview.
Laurel: I mean - even if you don't need an appointment for a consular interview.
Jorge: Good morning Laurel,
I’m currently working on my waiver at this point, my wife is the petitioner and I’m the beneficiary, is clear to me that she is that one that has to do the HSL but in my case I’m helping her because she is extremely busy and the only way we can get this done is if I do it for her. Anyway I’m in Mexico sense march of 2006, my question to you is do you think is a good idea to mention that I’m working as a real estate agent in Mexico and that I’m sending money to our account in the states to pay our mortgage? Would this be an advantage for us? or how would this look to immigration. Thank you very much.
Jorge
Laurel: It depends on how well you were doing financially before you left the US. Generally, I'd say I'd be hesitant to put that in there, but depending on the other facts of your case, it MIGHT be advantageous. Its a delicate fact point, though.
susan: In the HSL...Is it helpful to add information about your husband/fiance's benefits if allowed to stay in the U.S.? Or is it better to focus solely on yourself? Ex. If husband is allowed to stay in the U.S., he will be able get job training that will help him earn money to support our family. An opportunity he wouldn't have in Mexico. ????
Laurel: Its hard for me to say during the chat what should or should not go into someone's waiver packet as I would really need to review the entire case. The facts of the case are a bunch of puzzle pieces that have to fit together.
lachulagreeneyes: I am confused about the whole criminaal record thing. My fiance has a misdemeanor for driving on a suspended license, leaving the scene of an accident, and wreckless driving. What would he have to do regarding the waiver in this situation?
Laurel: Even if it didn't make him inadmissible on criminal grounds, I would give evidence of rehabilitation.
roxy1: LAurel to check my record with inmigration what do i need to do?
Laurel: Either a FOIA if you know your alien number or an FBI fingerprint check if you don't know your alien number and you just want to find out if you have a deportation.
0113: Visa Pick up dates are sooooo far away now... can or should this be directed to someones attention?
Laurel: They're aware of the problem. Its a by-product of CIS-CDJ clearing out their backlog and DOS not providing any additional funds for the consulate. A temporary solution might be for the other consulates in Mexico to temporarily issue K visas and immigrant visas, but I don't know all the internal procedures and whether such a measure is feasible. I doubt I'm the only one to think of it. The consulate in Juarez is certainly aware of the problem.
mnava: sorry forgot to add the question. My uncle USC would like to petition for my grandfather who has a b1/b2 visa that expires in 2010. Can he still file an I-130 for him? What problems could arise?
Laurel: Where's your grandfather now?
0113: With the announcement Oscar made in mind, When do you think December's Waivers will have an approval or denial?
Laurel: HOPEFULLY by the end of the summer, but don't hold me or them to that.
d5star: Couple of weeks ago I noticed in the copy of the I-130 application that the lady that fill out the app. did not mention that my husband had been cought by immigration trying to re enter, will we have a problem because of this or can i call or send out something to fix it?
Laurel: If its a catch and release as opposed to formal removal, that info only goes on the consular processing forms, not the I-130. Is this "lady" an attorney? Don't be using a notario, now.
Ankur_Thapar: Laurel, My asylum case was bona fide But i overstayed one year on mah visa before i applied for asylum application.do u think so i would be eligible for i-601 and how many years of bar do i have currently have since i entered the country again illegaly
Laurel: Yes, you are ineliglbe to apply for a waiver under INA 212(a)(9)(C). The ten years will not start until you leave the US.
lachulagreeneyes: Evidence of Rehabilitation. Would that be the evidence that he has paid his fines and done his work release time. Maybe even do some community service on his own to show that he is sorry?
Laurel: There are suggestions for evidence of rehabilitation on my memo.
LauraF: Recently there has been discussion on the forum of immigrants from other nations, such as the Filipines, gaining residency or temporarily immigrating to Mexico in order to file the I-601 through CDJ instead of their stricter, home Consulate. Can you clarify any information you have on the possibility of this? Are there guidelines, etc?
Laurel: I talk about consulate shopping on my memo. I have sent clients to third countries before. The general rule in Mexico is that you must legally reside in Mexico for at least one year before the US consulate there will allow you to process for an immigrant visa or K visa in CDJ. Other consulates are not so strict. One warning: many people want to go to Canada as the third country because this facilitates visiting one's inadmissible spouse; but this is a mistake as processing times through Canada are some of the longest in the world for this type of case.
Laurel: A better bet is Central America.
Jorge: Laurel,
I have requested for a new interview in June 13, 2007 They said that it would take about 10-12 month for my next appointment, do you have any idea if its going to take this long, because I saw a case were they did the same thing that I did and they received there interview in 3 months what are the chances of me to run with the same luck or is there anything that I can do to accelerate my case for example I heard that by contacting the senator you can speed up the case is that true and how can I get of hold of the senator? And my other question is what else do I have to file in order for me to continue with my case for example the I-601 and what else? Thank you!
Laurel: Unfortunately, you probably won't get a new interview until at least April unless there is a life or death emergency. Consider a K3 visa to try to speed things up.
Jancy: Good morning Laurel. Just a quick question...a fiance K-1...upon entering the US can they work on the I-94/K-1 visa OR do they have to have an EAD??? Thanks.
Laurel: They need an EAD.
lachulagreeneyes: I was previously married and applied for papers for my ex husband. I believe on the I130 it asks for the A# for my ex in this situation and his current status. What if i don't know this information?
Laurel: On the I-130 and G-325A they ask for the petitioner's ex-spouse's vital information (name, date of birth, etc.) but not the alien number or current status. They do ask if you've ever applied for anyone before and what happened with that petition. Just answer that question to the best of your ability. On the N-400, they get into more particulars about the ex-spouses.
mnava: My grandfather is in Mexico.
Laurel: Ok. Your brother can apply for him (or you can if you like). It should take about 18 months total. He should not attempt to enter the US on a B visa in the meantime as he clearly has immigrant intent.
d5star: she is the secratary of the attorney
Laurel: Its fine for the secretary to fill out the forms as long as the attorney reviews before it gets filed.
Meesh: If an immigrant is granted a legal name change by the judge at the county court, can the immigrant request the name change when he files to remove conditions on permanent residency (opposed to requesting a new card, which is more expensive)?
Laurel: Yes.
petal07: So can Dr. letters be asked for that are not dated and then fill in date with a pen?
Laurel: Well, I don't post-date letters and I think its a grey area ethically to say its ok to do that.
Jorge: My grandfather is a USC and has filed the I-130 for my mother and it was approved since 2004 I believe, my mother has couple of surgeries and her mayor one was a heart surgery couple of years ago and she has to be in Mexico because of all the medication that she is taking and she also have to report to her doctor every month, now she would like to file for a visa just to visit my grandparents do you think she has a chance to receive a visa?
Laurel: Its doubtful that she would be able to get a visitor's visa as she clearly has immigrant intent. She can try, but she'll have an uphill battle proving that she intends to return to Mexico and come the correct way once her immigrant visa becomes available. Possible, just difficult.
Laurel: Ok, guys. its noon now. I did not get to everyone, but I'll see you all next week. Take care.
LF
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.
petal07: Hi Laurel...This ? is for someone else.. Husband EWI in 1998 left in 2003 tried to EWI in Jan 2004 was caught, fingerprinted told 5yr bar released, attemted the next day, caught on US side, arrested, spent 1 mo in jail, told was given 20 yr bar. Has been in Mex since. will they be able to file after 10yrs or do they have to wait 20?
Laurel: Definitely (9)(C). He can apply for a waiver after 10 years
Laurel: My console is telling me there are no new questions at this time. What up with that?
angela256z: Hi Laurel, I sent in my I-130 on July 16th. In question 17 I failed to put myself cause I misread the question. Other people have told me that they forgot to put themselfs in that question also and were approved. Have you had experience with this and someone was not approved or were they send an RFE? Question 17 says list all Husbands/Wifes and children. I don't know what I was thinking....Also do you have an estimate on wait times for I-130 approvals? People have been saying 6+ months due to the fee increase and the amount of applcations sent int during July.
Laurel: The way the question is worded, you're supposed to put yourself there, but I think its a flaw in the form and it should really say "except the petitioner". I always put the spouse petitioner there, but not that big a deal if you forgot. An RFE because of this is unlikely, but not impossible. Wait times may well stretch out specifically for the reason you mentioned.
d5star: Hil Laurel last week you answer my question in regards my husband entering in 1995 returning to his country in 1998 and living again in 2000 and again returning you did tell me that he will get the 10 year ban. But my question today is it 10 years for every single time he re enter ilegal? so if he entered twice ilegal would it be 20 year ban?
Laurel: 9C is technically a permanent bar for which you can apply for a waiver after 10 years. The only 20-year bar mentioned in the INA is for multiple deportations, not just refusal of entry.
Laurel: Hang on. Cochroach emergency.
Laurel: I love this coffee shop, but they got some serious roaches. Trying to get them away from my station here. Gross.
Laurel: ok
Guero: Any news from CDJ?
Laurel: Nothing since last week.
Silver358: When I apply for a K3 am I also applying for a CR/IR too?
Laurel: Yes and no. You have to file the I-130 before you can file the I-129F, so you must have an immigrant visa case pending, but the K3 case itself is not the immigrant visa case and an application for a K3 is not an application for immigrant visa.
susan: I will be sending my I-129 (K1) application today. How long can I expect to wait for an appointment at CDJ?
Laurel: Currently in CDJ they are still not requiring appointments for K1 interviews. The I-129F must be approved (which may take 6 months or so depending on your Service Center) and CDJ must notify you that they have received the approved I-129F case, but once you get that notifcation, you don't need to wait for an appointment notice. This policy is subject to change without notice.
Laurel: Announcement - CIS is changing the locations where you need to file many of your applications and petitions. Pay careful attention to these changes on the CIS website. If you downloaded your instructions a month or so ago and are getting ready to file in a few weeks, the location listed on your instructions for sending the application or petition may be out of date.
petal07: There have been a lot of questions on the forum regarding what Warren is doing since they have not heard anything from him. Any info?
Laurel: He's implementing the PIlot Program and working overtime to clear the backlog. I've been posting updates. At this point I don't think the 'extra adjudicators' are going to materialize, but that's my opinion, not based on any announcement. But he and Oscar are clearing out the backlog as best as possible with the resources currently available to CIS in Mexico.
falperb: I have an 601 pending in athens office for overstaying. I also have 2 misdemeanor offenses. one happened under the age of 18 and one happened after. so first one didnt count because its not violent and the second one did qualify for the petty offense exception so the embassy said that I dont need a criminal waiver. so how is my case gunna be now since Im not criminally inadmissible
Laurel: Crimes committed under the age of 18 "count". Nonviolent crimes "count". It may be that the consulate found it was not a crime of moral turpitude, which is a different matter. But many nonviolent crimes are still crimes of moral turpitude. Even though your criminal history doesn't make you inadmissible, it will still be considered adverse information for your waiver of unlawful presence.
Ankur_Thapar: hi Laurel,I came from india in may 2000 and overstayed my visa then i applied for asylum in Novenber 2001 but took a volentary departure in april 2003 and left the country on time and went to canada. i informed the us counslate in toronto about leaving the country and they closed mah file.Now i came back to us witout inspection in september 2004 for mah wife who is us citizenand got married in march 2005.I would like to know that if my wife applies for my papers do i need i-601 waiver and also what are the chances in US embassy in new delhi
Laurel: If you were unlawfully present for more than one year in the aggregate, left and returned without inspection, you are inadmissible under INA 212(a)(9)(C) and there is no waiver for ten years. Time spent in the US with a bona fide asylum case pending is excluded from time toward that "one year in the aggregate" UNLESS you engaged in unauthorized employment while the asylum case was pending. Also, if it was a frivilous asylum claim, you will not be eligible to apply for an immigrant visa ever and there's no waiver for that. Even if it was not found to be frivilous and assuming you're eligible to apply for a waiver, your prior asylum claim is very relevant to your I-601 waiver case.
to1436: Laurel, have you heard any news from the consulate? Also, what happened to Warren?
Laurel: Warren's fine ya'all, he's just working. I have communicated with him recently. Everything's fine. The fact that the most recent announcement came from Oscar, rather than Warren is not cause for concern.
petal07: I have been asking for doctor letters for my HSL and I have rec'd a few. We don't know our appointment date yet, but we are assuming it will be in Oct. or Nov. Will we have a problem if the Dr. letters are dated sice this month?
Laurel: I prefer not to collect letters from people until I have the interview date for this very reason. I like everything to be as current as reasonable at the time I submit. It should be ok that the letters are a bit old, but its preferable if they are current at the time of filing.
0113: HI.. just wondering.. when I filed my 601 waiver in CDJ for husband his mother was not a PR, so i did not include a letter from her, she is ill.. can or should I send this info to CDJ?
Laurel: She's not a qualifying relative, but its still part of the totality of the circumstances. I don't encourage sending stuff piecemiel to CDJ, but if it will significantly improve the waiver packet, you might want to send.
jhperez: Hi Laurel, Can you explain what the pilot program is and who is eligible to go to cuidad juarez for visa appt thru it please.
Laurel: I think this question is too broad for the chat. I have information on the Pilot Program in my memo. There's a link to my memo on the homepage of my website.
Miss_Liss: Laurel, on the paperwork I got from the NVC it says CR1 but by the time we got for our interview we will have been married for 2 years-will they give us the IR-1?
Laurel: They should issue an IR1, but I think its a grey area of law.
skylarklf: Is it still taking 9+ months in CDJ if you are not approved for the pilot program?
Laurel: Yes and no. The ones they are adjudicating now are from about nine months ago, but as processing is speeding up, people who filed in, say, February, will not have to wait until November for an answer. It will be adjudicated before then.
Trish: my niece is a missionary in Panama. She married someone from there who is also a missionary. They denied his vistors visa saying there is immigrant intent. . How do they go about proving he doesnt want to immigrate, only to visit. Being a missionary, there is no income and the home they live in was built for the missionary.
Laurel: He has to prove he has something to back to when his visit is over. This is a common problem for spouses of citizens who do not intend to immigrate. There is no good nonimmigrant spousal visa. Even the K3, which technically a nonimmigrant visa, actually requires immigrant intent.
petal07: Both of us do not know sign language, he listens carefully only with his better ear. Any other options?
Laurel: Not really as the consulate may just say you have no special skills to communicate with him that they do not have. But bring the medical documentation anyway, so its noted in the file.
Laurel: And at least try to go in with him. There is a chance that they'll just let you in for the reasons you stated.
Laurel: Please, guys, do not post in all caps. I will no longer respond to questions that are in all caps as its hard to read on my little Moderation Console screen.
mlr: Not sure if this is a question you can answer, but my husband needs to go to the SS administration to apply for his SS# and card. Do you happen to know if he can do so with the visa in his passport or do we need to wait for the Greencard? The visa in the passport states it serves as temporary I-551. Thank You
Laurel: If you got the immigrant visa abroad and got the I-551 stamp when entering the US, then as long as you checked the appropriate box on the DS-230, the social security card will come automatically to you and there's no need to go to the social security administration. If you got the I-551 stamp at an adjustment of status interview, you should just show that stamp at the social security administration. If they refuse to recognize it, ask to speak to a supervisor. Be polite, but insistent.
susan: Once I receive the approval letter from CDJ, how do I make an appointment?
Laurel: For the K1 interview? You don't make an appointment at the consulate, you just go. Remember you need to do the medical exam first. Double-check vacation dates on the consulate's website. Show up early. Be sure to schedule your InfoPass appointment in advance, even if you don't need a consular interview.
Laurel: I mean - even if you don't need an appointment for a consular interview.
Jorge: Good morning Laurel,
I’m currently working on my waiver at this point, my wife is the petitioner and I’m the beneficiary, is clear to me that she is that one that has to do the HSL but in my case I’m helping her because she is extremely busy and the only way we can get this done is if I do it for her. Anyway I’m in Mexico sense march of 2006, my question to you is do you think is a good idea to mention that I’m working as a real estate agent in Mexico and that I’m sending money to our account in the states to pay our mortgage? Would this be an advantage for us? or how would this look to immigration. Thank you very much.
Jorge
Laurel: It depends on how well you were doing financially before you left the US. Generally, I'd say I'd be hesitant to put that in there, but depending on the other facts of your case, it MIGHT be advantageous. Its a delicate fact point, though.
susan: In the HSL...Is it helpful to add information about your husband/fiance's benefits if allowed to stay in the U.S.? Or is it better to focus solely on yourself? Ex. If husband is allowed to stay in the U.S., he will be able get job training that will help him earn money to support our family. An opportunity he wouldn't have in Mexico. ????
Laurel: Its hard for me to say during the chat what should or should not go into someone's waiver packet as I would really need to review the entire case. The facts of the case are a bunch of puzzle pieces that have to fit together.
lachulagreeneyes: I am confused about the whole criminaal record thing. My fiance has a misdemeanor for driving on a suspended license, leaving the scene of an accident, and wreckless driving. What would he have to do regarding the waiver in this situation?
Laurel: Even if it didn't make him inadmissible on criminal grounds, I would give evidence of rehabilitation.
roxy1: LAurel to check my record with inmigration what do i need to do?
Laurel: Either a FOIA if you know your alien number or an FBI fingerprint check if you don't know your alien number and you just want to find out if you have a deportation.
0113: Visa Pick up dates are sooooo far away now... can or should this be directed to someones attention?
Laurel: They're aware of the problem. Its a by-product of CIS-CDJ clearing out their backlog and DOS not providing any additional funds for the consulate. A temporary solution might be for the other consulates in Mexico to temporarily issue K visas and immigrant visas, but I don't know all the internal procedures and whether such a measure is feasible. I doubt I'm the only one to think of it. The consulate in Juarez is certainly aware of the problem.
mnava: sorry forgot to add the question. My uncle USC would like to petition for my grandfather who has a b1/b2 visa that expires in 2010. Can he still file an I-130 for him? What problems could arise?
Laurel: Where's your grandfather now?
0113: With the announcement Oscar made in mind, When do you think December's Waivers will have an approval or denial?
Laurel: HOPEFULLY by the end of the summer, but don't hold me or them to that.
d5star: Couple of weeks ago I noticed in the copy of the I-130 application that the lady that fill out the app. did not mention that my husband had been cought by immigration trying to re enter, will we have a problem because of this or can i call or send out something to fix it?
Laurel: If its a catch and release as opposed to formal removal, that info only goes on the consular processing forms, not the I-130. Is this "lady" an attorney? Don't be using a notario, now.
Ankur_Thapar: Laurel, My asylum case was bona fide But i overstayed one year on mah visa before i applied for asylum application.do u think so i would be eligible for i-601 and how many years of bar do i have currently have since i entered the country again illegaly
Laurel: Yes, you are ineliglbe to apply for a waiver under INA 212(a)(9)(C). The ten years will not start until you leave the US.
lachulagreeneyes: Evidence of Rehabilitation. Would that be the evidence that he has paid his fines and done his work release time. Maybe even do some community service on his own to show that he is sorry?
Laurel: There are suggestions for evidence of rehabilitation on my memo.
LauraF: Recently there has been discussion on the forum of immigrants from other nations, such as the Filipines, gaining residency or temporarily immigrating to Mexico in order to file the I-601 through CDJ instead of their stricter, home Consulate. Can you clarify any information you have on the possibility of this? Are there guidelines, etc?
Laurel: I talk about consulate shopping on my memo. I have sent clients to third countries before. The general rule in Mexico is that you must legally reside in Mexico for at least one year before the US consulate there will allow you to process for an immigrant visa or K visa in CDJ. Other consulates are not so strict. One warning: many people want to go to Canada as the third country because this facilitates visiting one's inadmissible spouse; but this is a mistake as processing times through Canada are some of the longest in the world for this type of case.
Laurel: A better bet is Central America.
Jorge: Laurel,
I have requested for a new interview in June 13, 2007 They said that it would take about 10-12 month for my next appointment, do you have any idea if its going to take this long, because I saw a case were they did the same thing that I did and they received there interview in 3 months what are the chances of me to run with the same luck or is there anything that I can do to accelerate my case for example I heard that by contacting the senator you can speed up the case is that true and how can I get of hold of the senator? And my other question is what else do I have to file in order for me to continue with my case for example the I-601 and what else? Thank you!
Laurel: Unfortunately, you probably won't get a new interview until at least April unless there is a life or death emergency. Consider a K3 visa to try to speed things up.
Jancy: Good morning Laurel. Just a quick question...a fiance K-1...upon entering the US can they work on the I-94/K-1 visa OR do they have to have an EAD??? Thanks.
Laurel: They need an EAD.
lachulagreeneyes: I was previously married and applied for papers for my ex husband. I believe on the I130 it asks for the A# for my ex in this situation and his current status. What if i don't know this information?
Laurel: On the I-130 and G-325A they ask for the petitioner's ex-spouse's vital information (name, date of birth, etc.) but not the alien number or current status. They do ask if you've ever applied for anyone before and what happened with that petition. Just answer that question to the best of your ability. On the N-400, they get into more particulars about the ex-spouses.
mnava: My grandfather is in Mexico.
Laurel: Ok. Your brother can apply for him (or you can if you like). It should take about 18 months total. He should not attempt to enter the US on a B visa in the meantime as he clearly has immigrant intent.
d5star: she is the secratary of the attorney
Laurel: Its fine for the secretary to fill out the forms as long as the attorney reviews before it gets filed.
Meesh: If an immigrant is granted a legal name change by the judge at the county court, can the immigrant request the name change when he files to remove conditions on permanent residency (opposed to requesting a new card, which is more expensive)?
Laurel: Yes.
petal07: So can Dr. letters be asked for that are not dated and then fill in date with a pen?
Laurel: Well, I don't post-date letters and I think its a grey area ethically to say its ok to do that.
Jorge: My grandfather is a USC and has filed the I-130 for my mother and it was approved since 2004 I believe, my mother has couple of surgeries and her mayor one was a heart surgery couple of years ago and she has to be in Mexico because of all the medication that she is taking and she also have to report to her doctor every month, now she would like to file for a visa just to visit my grandparents do you think she has a chance to receive a visa?
Laurel: Its doubtful that she would be able to get a visitor's visa as she clearly has immigrant intent. She can try, but she'll have an uphill battle proving that she intends to return to Mexico and come the correct way once her immigrant visa becomes available. Possible, just difficult.
Laurel: Ok, guys. its noon now. I did not get to everyone, but I'll see you all next week. Take care.