Laura
01-23-2008, 04:50 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.
Lynette: Does somene with a felony DWI (asking for a fellow coworker) have any chance at citizenship? He has been a PR for 10 years.
Laurel: As long as it was more than five years ago and there have been no arrests in the past five years. You only have to show five years of good moral character for natz. However, double check with an attorney before filing. I don't do deportation cases and I would have to review whether such a conviction would make an LPR deportable. I'm thinking it wouldn't.
ladybug: hi laurel, i guess i can only assume that you haven't heard anything from panama since you sent the last update & asked them to verify that the MTR is pending..
Laurel: I have heard nothing. I'm going to have an online client database up in the next few weeks so clients can easily go online and check to see whether there are any updates to their cases. I've purchased the license and my staff have started entering client information in there. This should improve ease of communication with clients and cut way down on email correspondence.
WildandwonderfulWV: Does Diagnosis of Bipolar disorder affect approval of out of country 601 waiver through CDJ would we need to fill out anything else, or do we need anything special for that? Please tell me your experience with this....this is Bipolar disorder with my husband, not the USC
Laurel: You would probably need a medical waiver for that. It will come up in the medical exam. I have done medical waivers for HIV, but not for psychiatric problems. I believe you have to prove that your condition is under control, that your expenses are covered by insurance, and that you are not a danger to yourself or others. But I'd have to review.
homenow: Hi Laurel. I want to thank you in advance for providing this chat. Just so know, your service is well appreciated. My question is, I am a LPR. I received my GC in 1987. In 1994, I was convicted of larceny, under $10K, and was sentenced to 1 yr suspended and 2 years probation. I applied for US citizenship in 1997 but was denied because I failed to provide good moral character. I did not receive any NTA because of the conviction. So as far as I know, I was not ordered removed in absentia. Since then, I went back to college, graduated magna cum laude, and turned my life around. That conviction was the one and only criminal record I have. Since it happened 14 years ago, do you think I would be able to file for N-400 without any complications? Please advise.
Laurel: Should be ok. You had applied for citizenship less than five years after the conviction, so you were unable to prove five years of good moral character. Its now been well over five years. Whenever you have a criminal history, you should use an attorney when applying for citizenship.
mach12: I have been unable to find employment alone or through a temp agency that starts before our interview date. I did not make enough on income alone last year but with my assets was able to complete the I130 with NVC. Will I be ok with just showing them my new job offer letter(which meets the pov level req)? Im freaking out a bit. Ive worked so hard to get hubby home.
Laurel: I would get a co-sponsor just to be safe.
majmikew: Hi, Laurel, I want to know what kinds of document which I need to provide for my wife's case ? When do I supposed to file in her case ?
Laurel: It depends on the facts of the case. Please review the memo on my website.
ladybug: in fact, the liaison said that they have a hard time getting responses from them..
Laurel: And if they ignore the Congressmen, you can see why its hard for me to get a response.
laurafern11: From Amber: I posted a question last week about my I-130 getting approved before the I-129f. The I-130 was approved almost 2 weeks ago and still nothing for i-129f. The NOA2 said that the application will be forward to NVC so I am waiting on them to receive it. I'm starting to lean towards the CR/IR route becaue of the extra fees for the I-129f. My question is that can I still let both applications run their course? What would happen once they get to Juarez? Could I choose then which one I want to interview for? If I go the CR/IR, what would happen when I did the AOS here in the states since my paperwork would be in Juarez?
Laurel: Yes, continue with both and see which one comes up for an interview first. If IV comes up first, abandon the K3. If you're about to go for K3 interview and you get a notice that the IV interview has been scheduled, ask if you can convert your K3 interview into an IV interview. If you're going for the K3 interview and your IV interview hasn't been scheduled yet, just go for the K3 to get him back sooner; you could then either return to CDJ for the IV interview or simply adjust status after arriving on a K3, realizing you'll be spending around $1000 for filing fees for the adjustment of status. It wouldn't really matter that there was a case pending at the consulate if you chose to AOS.
Luis: Hello Laurel, I had a criminal offense in 2002 and the status on it is: NFOG. Am I eligible?
Laurel: Each state has their own abbreviations for stuff. NFOG = no finding of guilt??? Is that an acquittal? Sounds like you won't be inadmissible for criminal grounds, but you still need to provide records and if you're inadmissible on other grounds (e.g. unlawful presence) its very important to discuss the criminal history in the waiver, even if you were acquitted.
cm21om25: Laurel, On supporting documents, Can the letters from family and friends be typed and signed or do they have to be handwritten?
Laurel: Typed and signed is better. I only do handwritten ones if its a child or someone who cannot use a computer for one reason or another.
mach12: Both our 129f and I130 have been approved. Our IV interview is Feb 26. Do I need to take any action with the 129f to cancel or withdraw it? If we are backlogged on Feb 29….are we able to attend the 129F interview and a second waiver appt as a second shot of bringing him home sooner?
Laurel: You don't need to cancel or withdraw the I-129F, but I think they might not schedule a K3 interview if the IV interview has already taken place.
mach12: I cannot get a co-sponsor. : (
Laurel: Keep trying. But if you really can't, then bring your employment letter. If you have a sympathetic consular officer, it might work.
mach12: My attorney in his brief stated my citizenship and marriage and then included those certificates as the first few exhibits. Warren says not to. Should I remove them? And: some people have only included the one or two pages from a web article that they are using for evidence, the pages that contain their cited info and not the entire article so as to have the supporting evidence be brief and to the pt and easy to find. Should the entire article be included or is this just adding too much bulk to a packet?
Laurel: It is not necessary to include proof of citizenship or relationship for the qualifying relative IF the qualifying relative is the petitioner, as citizenship and relationship were already proven at the consular interview. If your immigrant visa application is not based on family relationship (e.g. you are going for an employment-based visa), but you have a qualifying relative for the waiver, then prove those things. Also, if you have an additional qualifying relative, prove those things.
As for the articles ... it depends on how long the article is. If its 3 pages, I would probably just include the whole thing. If its 20 pages, I'll only include the pages I'm quoting from.
thundercat: I am an EWI and I am planning with my fiancee (she's a US citizen) to apply for the K-1 visa once they send me back to Mexico I'll go to the first interview and because I've been here before they'll deny the visa. My fiancee turns in the waiver and let's say that it's denied. how long should I wait for another appointment or to appeal?
Laurel: It wouldn't be "denied" on the spot, it would be referred. It will then probably take around six months for a decision. If it is denied at that point, you can request a new consular interview. As its a fiance(e) visa, you should be allowed to re-interview pretty much right away. Then re-file through Pilot Program.
laura: Hi! I just want o ask you what kind of questions o proves immigration wilask at the end of the 10 years ban. I already have 7 years in Mexico and I start a new 1 130 because C Juarez denied my wavier because the HSL didn't have enough evidences
Laurel: At the end of the 10 year bar, you get a regular consular interview and in additional to the usual interrogation, they'll want to make sure you didn't try to reenter the US during the bar.
ladybug: i've been meaning to ask you, do you think timothy's mental state (as stated by the independant psychologist) would warrant an expedited decision??
Laurel: I just can't say for sure. maybe.
angela256z: Hi Laurel - allweneedisluv has a question. Her bf was arrested when pulled over for driving. it was for a felony warrent that they did not know about. He also has 2 past DUI's. Last one was a year a ago and he has been taking step with rehabilitation and has the proof of that. Do you think that they have a chance for a waiver? He has been here since he was 12 and no exits after that. This is for MX I believe. What about approval?
Laurel: The last DUI is too recent. There's a significant risk of him being found inadmissibile for alcohol abuse and then he wouldn't even be able to file the waiver application for another year.
majmikew: I've read your memo, so my wife needs to file I-212 and I-601 by herself or the attorney will help us while she is in her home country at the consulate or CIS office (Bangkok) ? I think my condition fit to combination of level 1 and 2 arguments, thanks.
Laurel: You file at the consulate. The consulate forwards the items to CIS.
dduran: Laurel, a friend has been her since 91 and her mother (LPR) petition for her under 245i will she need a HSL? Will her 2 sons still be able to go thought the process since they are now in there 20's?
Laurel: The 10 year bar for unlawful presence is not triggered until the alien departs the US (thereby making it effectively a penalty for illegal aliens wishing to end their period of unlawful presence, which is just dumb). So, as long as the friend has never left the US, she is not inadmissible for the unlawful presence. Absent any other grounds of inadmissibility, she should be able to adjust under 245i without needing a waiver. If her mother petitioned for her as an unmarried child, I believe that's a category that does not allow derivatives. I'd have to check.
Jess: What type of situations can be use to have a case expedited?
Laurel: Life or death.
laura: another question, do you think that if immgraion check that I already have 7 years waiting to be forgive and my wavier has more evidences , ( Im in good health, I don't now what kind of evidences show, my husband si in EEUU, I just feel very sad and sorry for lived in EEUU longer then I suposed to be, and is hard to be away from my husband, I have chidren with me born in EEUU ) I don't know what kind of proves do I need to attach in the hsl. Living out from EEUU all this time could be enough?
Laurel: You've been living apart for seven years. You need to show what's changed recently that makes it so this cannot continue three more years.
angela256z: Re: allweneedisluv so how long should she wait? 3 years of rehabilitation? Maybe if she files her I-129F one year before the end of your suggested timeframe? Then she may have a chance?
Laurel: For drug abuse, I think its 2 years sobriety whereas for drugs its three.
angela256z: Should I call USCIS? I filed my I-130 on July 16 and my I-129F on Sep 2 (or close to it) so I am at 6 months 1 week on the I-130 and nothing. I am only 4.5 months on the I-129F. I know wait times are increasing, but my I-130 should have been approved by now according to processing times and most other I-130's filed in mid July have been approved. Am I being premature on this?
Laurel: Was your husband deported?
brbellinha: Dear Laurel, I am preparing my paperwork to file my I - 601. I moved with my family at the age of 9 to the US, parents filed for an assylum that was denied and sent for appeal. Total of 12 years of waiting. In the meantime I worked for a moving company as a receptionist when I was 17 for 2 months and they were involved in money laundring, they arrested everyone even the cleaners. I ended up being charged with mail fraud for telling customers where they could send their deposits. In result of the court hearing I was deported, and I am married to US citizen. It was not a crime of moral tir. My husbands parents are now ill, and he wants to return to look after them, resume his education and has a job offer. Do you think we stand a chance?
Laurel: Whether it was a crime of moral turpitude depends on what your actual conviction was for and how much you knew about what was going on around you. Hard to say whether you have a chance or not. Right now I'm leaning toward 'no'.
cm21om25: Can applying for nationality in Mexico hurt? Since we are supposed to prove why we can't live in Mex. Reason for asking is my husband has insurance and the only way I could get on is if I have nationality.
Laurel: I can't recommend that.
adlopez: Hello, Laurel, do you know how long its taking for the consulate to give another appointment after a denied waiver and are you taking this kind of cases now?
Laurel: Yes, I am taking this type of case now. Its taking around 3-4 months for the new appointment.
adlopez: What would you say might be the percentage of getting approved at a second interview after you have been denied the first time?
Laurel: Depends on the circumstances. I'm finding that when I did the waiver the first time and then I'm again the one to do it the second time, I'm not getting approved the second time around. I have had higher success with MTRs when I was the one who did the waiver the first time. When a different attorney did the waiver the first time, or when it was filed pro se the first time, success the second time is the same as if there wasn't a denial in the first place.
thundercat: Thank you for your answer! do you know what would be the percentage of cases approved for the K-1 visa?
Laurel: For CDJ around 85%.
Laurel: That's all-over approval rate. For Pilot Program approval its like 50%.
majmikew: So if I use attorney for my wife's case, what will they do to help her ? When do I need to start her case and she need to leave US by bringin our baby ?
Laurel: The most valuable service I provide the client is the list of supporting documents for them to gather together. The list is based on my assessment of what I think the strongest arguments are. I say what issues each letter needs to address. The client then goes out and gets the supporting documents. I review them to make sure they prove the case. if they don't prove the case, I may have to have them redone.
cm21om25: For having no criminal history, no drugs, no tattoos, no deportations, only being here illegal, and having a good brief what percentage do they have of getting approved through the pilot program?
Laurel: The overall approval rate through the Pilot Program is around 50%. Mine is 100% when there is no criminal history at all whatsoever.
angela256z: No hubby is still here3
Laurel: Then they're just taking a bit longer on your I-130. It may already be approved and you just haven't gotten notice yet.
brbellinha: conviction was Mail Fraud of 500 dollars. I consulted my criminal attorney at the time and he has informed me that it was no a crime of moral tir and that it was a minor charge. I am so upset, the fact that I was a minor and was not aware of what the company was doing? I also have a letter of recomendation from the judge...
Laurel: The criminal attorney probably does not know whether it will be treated as a crime of moral turpitude for purposes of immigration law or not. Nearly any type of fraud is a crime of moral turpitude for immigration purposes. If you were not aware of what the company was doing, then you shoudn't have been convicted.
brbellinha: its been almost 5 years as well...
Laurel: For a felony I like to see at least 8-10 years since the last conviction.
Laurel: However, it does work in your favor that you were a minor, that the dollar amount in question was so low, and that the judge wrote a favorable letter.
jose23: what age you considered a minor..for the immigracion?? (18 or 21)
Laurel: Great question. The answer is the attorney's favorite answer: It depends. Here are some of the many age-related immigration rules: At 14 you sign your own forms. At CDJ fraud committed before age 15 does not make you inadmissible. In order for an adopted child to be your child for immigration purposes, the adoption must occur before the child is 16. At 18 you are old enough to sign an I-864. In order for a step-child to be your child for immigration purposes, the marriage must occur before the child turns 18. At 21 you are no longer a "child", you are a "son or daughter".
Luis: Are tattoos, grounds for banning?
Laurel: If it leads them to suspect you're in a gang. Lots of tattoos on a national of a Latin American country will raise suspicions that the person is in a gang.
dduran: My friend asks How long is the wait on 245i to start a process to adjust status?
Laurel: There's no wait time to "start" the process. The process can take a few months to a year or more, depending on your local office.
majmikew: If all the documents are ready, does she need to leave US immediately then file in I-212 and I-601 in her home country's consulate/embassy ? How long usually will we be noticed to get interview at CIS office (Bangkok) ?
Laurel: I usually send my clients out of the country just before the consular interview. While you have no right to remain in the US until then, there's usually no advantage to leaving prior to that. The steps leading up to the consular interview (aka "pre-waiver procedure") can take 6-15 months or more, depending on the location.
Laurel: Guys, I know I sometimes answer questions case-specific questions for current clients during the chat, but I think maybe I should be discouraging it.
dduran: So she can start this with only the approval letter? Cuz that's the only thing she has. What paper should she send to get this started?
Laurel: Can she start what with only the approval letter? 245i?
Laurel: Soon I will probably be announcing that I'm switching payment systems from PayPal to another processor.
Laurel: I have not been satisfied with PayPal's performance. I'm not going to pull people off their PayPal payment plans. But new plans will be set up with a different processor.
Laurel: That's in the next month or so.
Lynette: Good for u! I'm not a big fan of paypal.
Laurel: When it works, it works great. But when someone's credit card is expiring they just terminate the automatic payments without giving the person a chance to update the credit card. Its really annoying. Sometimes the card isn't even expiring. I get a few people kicked off their payment plans each week. I don't need that headache. I have enough to do.
laura: I send my 1 130 in september 07 and I don't have recived any form back How long is the 1 130 taking to be process?
Laurel: Did you get a receipt notice? Some of the offices were delinquent in sending out receipt notices for part of last year. You might need to send a request for one.
Laurel: I answered this question in detail above. Please pan up.
Luis: Laurel, I have Tattoos that might be mistaken for gang tattoos, but i have never been involved in a gang or been a "gangster" They were just dumb child hood tattoos. Will this affect my case?
Laurel: It might be best for you to get them lazered off if you can.
majmikew: I'm confused, you said that my wife needs to file I-212 and I-601 in her home country's consulate, so if she doesn't leave US, how can we know when she get the interview schedule ?
Laurel: Please watch my YouTube video on waiver procedure. Or, read my memo where the procedure is described. There are links to both on my website. If you read the memo and watch the video and you still don't understand, that's all the more reason for you to hire legal help.
adlopez: Do you recommend hiring an attorney for a second interview?
Laurel: I always recommend hiring an attorney if you need a waiver. A waiver case is necessarily a complex and difficult case.
Laurel: Ok, guys. Its noon and I'm starving. The phone rang twice and my associate tried to talk to me once during the chat and now I've got a fax coming through. I have to find out what all that was about. 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.
Lynette: Does somene with a felony DWI (asking for a fellow coworker) have any chance at citizenship? He has been a PR for 10 years.
Laurel: As long as it was more than five years ago and there have been no arrests in the past five years. You only have to show five years of good moral character for natz. However, double check with an attorney before filing. I don't do deportation cases and I would have to review whether such a conviction would make an LPR deportable. I'm thinking it wouldn't.
ladybug: hi laurel, i guess i can only assume that you haven't heard anything from panama since you sent the last update & asked them to verify that the MTR is pending..
Laurel: I have heard nothing. I'm going to have an online client database up in the next few weeks so clients can easily go online and check to see whether there are any updates to their cases. I've purchased the license and my staff have started entering client information in there. This should improve ease of communication with clients and cut way down on email correspondence.
WildandwonderfulWV: Does Diagnosis of Bipolar disorder affect approval of out of country 601 waiver through CDJ would we need to fill out anything else, or do we need anything special for that? Please tell me your experience with this....this is Bipolar disorder with my husband, not the USC
Laurel: You would probably need a medical waiver for that. It will come up in the medical exam. I have done medical waivers for HIV, but not for psychiatric problems. I believe you have to prove that your condition is under control, that your expenses are covered by insurance, and that you are not a danger to yourself or others. But I'd have to review.
homenow: Hi Laurel. I want to thank you in advance for providing this chat. Just so know, your service is well appreciated. My question is, I am a LPR. I received my GC in 1987. In 1994, I was convicted of larceny, under $10K, and was sentenced to 1 yr suspended and 2 years probation. I applied for US citizenship in 1997 but was denied because I failed to provide good moral character. I did not receive any NTA because of the conviction. So as far as I know, I was not ordered removed in absentia. Since then, I went back to college, graduated magna cum laude, and turned my life around. That conviction was the one and only criminal record I have. Since it happened 14 years ago, do you think I would be able to file for N-400 without any complications? Please advise.
Laurel: Should be ok. You had applied for citizenship less than five years after the conviction, so you were unable to prove five years of good moral character. Its now been well over five years. Whenever you have a criminal history, you should use an attorney when applying for citizenship.
mach12: I have been unable to find employment alone or through a temp agency that starts before our interview date. I did not make enough on income alone last year but with my assets was able to complete the I130 with NVC. Will I be ok with just showing them my new job offer letter(which meets the pov level req)? Im freaking out a bit. Ive worked so hard to get hubby home.
Laurel: I would get a co-sponsor just to be safe.
majmikew: Hi, Laurel, I want to know what kinds of document which I need to provide for my wife's case ? When do I supposed to file in her case ?
Laurel: It depends on the facts of the case. Please review the memo on my website.
ladybug: in fact, the liaison said that they have a hard time getting responses from them..
Laurel: And if they ignore the Congressmen, you can see why its hard for me to get a response.
laurafern11: From Amber: I posted a question last week about my I-130 getting approved before the I-129f. The I-130 was approved almost 2 weeks ago and still nothing for i-129f. The NOA2 said that the application will be forward to NVC so I am waiting on them to receive it. I'm starting to lean towards the CR/IR route becaue of the extra fees for the I-129f. My question is that can I still let both applications run their course? What would happen once they get to Juarez? Could I choose then which one I want to interview for? If I go the CR/IR, what would happen when I did the AOS here in the states since my paperwork would be in Juarez?
Laurel: Yes, continue with both and see which one comes up for an interview first. If IV comes up first, abandon the K3. If you're about to go for K3 interview and you get a notice that the IV interview has been scheduled, ask if you can convert your K3 interview into an IV interview. If you're going for the K3 interview and your IV interview hasn't been scheduled yet, just go for the K3 to get him back sooner; you could then either return to CDJ for the IV interview or simply adjust status after arriving on a K3, realizing you'll be spending around $1000 for filing fees for the adjustment of status. It wouldn't really matter that there was a case pending at the consulate if you chose to AOS.
Luis: Hello Laurel, I had a criminal offense in 2002 and the status on it is: NFOG. Am I eligible?
Laurel: Each state has their own abbreviations for stuff. NFOG = no finding of guilt??? Is that an acquittal? Sounds like you won't be inadmissible for criminal grounds, but you still need to provide records and if you're inadmissible on other grounds (e.g. unlawful presence) its very important to discuss the criminal history in the waiver, even if you were acquitted.
cm21om25: Laurel, On supporting documents, Can the letters from family and friends be typed and signed or do they have to be handwritten?
Laurel: Typed and signed is better. I only do handwritten ones if its a child or someone who cannot use a computer for one reason or another.
mach12: Both our 129f and I130 have been approved. Our IV interview is Feb 26. Do I need to take any action with the 129f to cancel or withdraw it? If we are backlogged on Feb 29….are we able to attend the 129F interview and a second waiver appt as a second shot of bringing him home sooner?
Laurel: You don't need to cancel or withdraw the I-129F, but I think they might not schedule a K3 interview if the IV interview has already taken place.
mach12: I cannot get a co-sponsor. : (
Laurel: Keep trying. But if you really can't, then bring your employment letter. If you have a sympathetic consular officer, it might work.
mach12: My attorney in his brief stated my citizenship and marriage and then included those certificates as the first few exhibits. Warren says not to. Should I remove them? And: some people have only included the one or two pages from a web article that they are using for evidence, the pages that contain their cited info and not the entire article so as to have the supporting evidence be brief and to the pt and easy to find. Should the entire article be included or is this just adding too much bulk to a packet?
Laurel: It is not necessary to include proof of citizenship or relationship for the qualifying relative IF the qualifying relative is the petitioner, as citizenship and relationship were already proven at the consular interview. If your immigrant visa application is not based on family relationship (e.g. you are going for an employment-based visa), but you have a qualifying relative for the waiver, then prove those things. Also, if you have an additional qualifying relative, prove those things.
As for the articles ... it depends on how long the article is. If its 3 pages, I would probably just include the whole thing. If its 20 pages, I'll only include the pages I'm quoting from.
thundercat: I am an EWI and I am planning with my fiancee (she's a US citizen) to apply for the K-1 visa once they send me back to Mexico I'll go to the first interview and because I've been here before they'll deny the visa. My fiancee turns in the waiver and let's say that it's denied. how long should I wait for another appointment or to appeal?
Laurel: It wouldn't be "denied" on the spot, it would be referred. It will then probably take around six months for a decision. If it is denied at that point, you can request a new consular interview. As its a fiance(e) visa, you should be allowed to re-interview pretty much right away. Then re-file through Pilot Program.
laura: Hi! I just want o ask you what kind of questions o proves immigration wilask at the end of the 10 years ban. I already have 7 years in Mexico and I start a new 1 130 because C Juarez denied my wavier because the HSL didn't have enough evidences
Laurel: At the end of the 10 year bar, you get a regular consular interview and in additional to the usual interrogation, they'll want to make sure you didn't try to reenter the US during the bar.
ladybug: i've been meaning to ask you, do you think timothy's mental state (as stated by the independant psychologist) would warrant an expedited decision??
Laurel: I just can't say for sure. maybe.
angela256z: Hi Laurel - allweneedisluv has a question. Her bf was arrested when pulled over for driving. it was for a felony warrent that they did not know about. He also has 2 past DUI's. Last one was a year a ago and he has been taking step with rehabilitation and has the proof of that. Do you think that they have a chance for a waiver? He has been here since he was 12 and no exits after that. This is for MX I believe. What about approval?
Laurel: The last DUI is too recent. There's a significant risk of him being found inadmissibile for alcohol abuse and then he wouldn't even be able to file the waiver application for another year.
majmikew: I've read your memo, so my wife needs to file I-212 and I-601 by herself or the attorney will help us while she is in her home country at the consulate or CIS office (Bangkok) ? I think my condition fit to combination of level 1 and 2 arguments, thanks.
Laurel: You file at the consulate. The consulate forwards the items to CIS.
dduran: Laurel, a friend has been her since 91 and her mother (LPR) petition for her under 245i will she need a HSL? Will her 2 sons still be able to go thought the process since they are now in there 20's?
Laurel: The 10 year bar for unlawful presence is not triggered until the alien departs the US (thereby making it effectively a penalty for illegal aliens wishing to end their period of unlawful presence, which is just dumb). So, as long as the friend has never left the US, she is not inadmissible for the unlawful presence. Absent any other grounds of inadmissibility, she should be able to adjust under 245i without needing a waiver. If her mother petitioned for her as an unmarried child, I believe that's a category that does not allow derivatives. I'd have to check.
Jess: What type of situations can be use to have a case expedited?
Laurel: Life or death.
laura: another question, do you think that if immgraion check that I already have 7 years waiting to be forgive and my wavier has more evidences , ( Im in good health, I don't now what kind of evidences show, my husband si in EEUU, I just feel very sad and sorry for lived in EEUU longer then I suposed to be, and is hard to be away from my husband, I have chidren with me born in EEUU ) I don't know what kind of proves do I need to attach in the hsl. Living out from EEUU all this time could be enough?
Laurel: You've been living apart for seven years. You need to show what's changed recently that makes it so this cannot continue three more years.
angela256z: Re: allweneedisluv so how long should she wait? 3 years of rehabilitation? Maybe if she files her I-129F one year before the end of your suggested timeframe? Then she may have a chance?
Laurel: For drug abuse, I think its 2 years sobriety whereas for drugs its three.
angela256z: Should I call USCIS? I filed my I-130 on July 16 and my I-129F on Sep 2 (or close to it) so I am at 6 months 1 week on the I-130 and nothing. I am only 4.5 months on the I-129F. I know wait times are increasing, but my I-130 should have been approved by now according to processing times and most other I-130's filed in mid July have been approved. Am I being premature on this?
Laurel: Was your husband deported?
brbellinha: Dear Laurel, I am preparing my paperwork to file my I - 601. I moved with my family at the age of 9 to the US, parents filed for an assylum that was denied and sent for appeal. Total of 12 years of waiting. In the meantime I worked for a moving company as a receptionist when I was 17 for 2 months and they were involved in money laundring, they arrested everyone even the cleaners. I ended up being charged with mail fraud for telling customers where they could send their deposits. In result of the court hearing I was deported, and I am married to US citizen. It was not a crime of moral tir. My husbands parents are now ill, and he wants to return to look after them, resume his education and has a job offer. Do you think we stand a chance?
Laurel: Whether it was a crime of moral turpitude depends on what your actual conviction was for and how much you knew about what was going on around you. Hard to say whether you have a chance or not. Right now I'm leaning toward 'no'.
cm21om25: Can applying for nationality in Mexico hurt? Since we are supposed to prove why we can't live in Mex. Reason for asking is my husband has insurance and the only way I could get on is if I have nationality.
Laurel: I can't recommend that.
adlopez: Hello, Laurel, do you know how long its taking for the consulate to give another appointment after a denied waiver and are you taking this kind of cases now?
Laurel: Yes, I am taking this type of case now. Its taking around 3-4 months for the new appointment.
adlopez: What would you say might be the percentage of getting approved at a second interview after you have been denied the first time?
Laurel: Depends on the circumstances. I'm finding that when I did the waiver the first time and then I'm again the one to do it the second time, I'm not getting approved the second time around. I have had higher success with MTRs when I was the one who did the waiver the first time. When a different attorney did the waiver the first time, or when it was filed pro se the first time, success the second time is the same as if there wasn't a denial in the first place.
thundercat: Thank you for your answer! do you know what would be the percentage of cases approved for the K-1 visa?
Laurel: For CDJ around 85%.
Laurel: That's all-over approval rate. For Pilot Program approval its like 50%.
majmikew: So if I use attorney for my wife's case, what will they do to help her ? When do I need to start her case and she need to leave US by bringin our baby ?
Laurel: The most valuable service I provide the client is the list of supporting documents for them to gather together. The list is based on my assessment of what I think the strongest arguments are. I say what issues each letter needs to address. The client then goes out and gets the supporting documents. I review them to make sure they prove the case. if they don't prove the case, I may have to have them redone.
cm21om25: For having no criminal history, no drugs, no tattoos, no deportations, only being here illegal, and having a good brief what percentage do they have of getting approved through the pilot program?
Laurel: The overall approval rate through the Pilot Program is around 50%. Mine is 100% when there is no criminal history at all whatsoever.
angela256z: No hubby is still here3
Laurel: Then they're just taking a bit longer on your I-130. It may already be approved and you just haven't gotten notice yet.
brbellinha: conviction was Mail Fraud of 500 dollars. I consulted my criminal attorney at the time and he has informed me that it was no a crime of moral tir and that it was a minor charge. I am so upset, the fact that I was a minor and was not aware of what the company was doing? I also have a letter of recomendation from the judge...
Laurel: The criminal attorney probably does not know whether it will be treated as a crime of moral turpitude for purposes of immigration law or not. Nearly any type of fraud is a crime of moral turpitude for immigration purposes. If you were not aware of what the company was doing, then you shoudn't have been convicted.
brbellinha: its been almost 5 years as well...
Laurel: For a felony I like to see at least 8-10 years since the last conviction.
Laurel: However, it does work in your favor that you were a minor, that the dollar amount in question was so low, and that the judge wrote a favorable letter.
jose23: what age you considered a minor..for the immigracion?? (18 or 21)
Laurel: Great question. The answer is the attorney's favorite answer: It depends. Here are some of the many age-related immigration rules: At 14 you sign your own forms. At CDJ fraud committed before age 15 does not make you inadmissible. In order for an adopted child to be your child for immigration purposes, the adoption must occur before the child is 16. At 18 you are old enough to sign an I-864. In order for a step-child to be your child for immigration purposes, the marriage must occur before the child turns 18. At 21 you are no longer a "child", you are a "son or daughter".
Luis: Are tattoos, grounds for banning?
Laurel: If it leads them to suspect you're in a gang. Lots of tattoos on a national of a Latin American country will raise suspicions that the person is in a gang.
dduran: My friend asks How long is the wait on 245i to start a process to adjust status?
Laurel: There's no wait time to "start" the process. The process can take a few months to a year or more, depending on your local office.
majmikew: If all the documents are ready, does she need to leave US immediately then file in I-212 and I-601 in her home country's consulate/embassy ? How long usually will we be noticed to get interview at CIS office (Bangkok) ?
Laurel: I usually send my clients out of the country just before the consular interview. While you have no right to remain in the US until then, there's usually no advantage to leaving prior to that. The steps leading up to the consular interview (aka "pre-waiver procedure") can take 6-15 months or more, depending on the location.
Laurel: Guys, I know I sometimes answer questions case-specific questions for current clients during the chat, but I think maybe I should be discouraging it.
dduran: So she can start this with only the approval letter? Cuz that's the only thing she has. What paper should she send to get this started?
Laurel: Can she start what with only the approval letter? 245i?
Laurel: Soon I will probably be announcing that I'm switching payment systems from PayPal to another processor.
Laurel: I have not been satisfied with PayPal's performance. I'm not going to pull people off their PayPal payment plans. But new plans will be set up with a different processor.
Laurel: That's in the next month or so.
Lynette: Good for u! I'm not a big fan of paypal.
Laurel: When it works, it works great. But when someone's credit card is expiring they just terminate the automatic payments without giving the person a chance to update the credit card. Its really annoying. Sometimes the card isn't even expiring. I get a few people kicked off their payment plans each week. I don't need that headache. I have enough to do.
laura: I send my 1 130 in september 07 and I don't have recived any form back How long is the 1 130 taking to be process?
Laurel: Did you get a receipt notice? Some of the offices were delinquent in sending out receipt notices for part of last year. You might need to send a request for one.
Laurel: I answered this question in detail above. Please pan up.
Luis: Laurel, I have Tattoos that might be mistaken for gang tattoos, but i have never been involved in a gang or been a "gangster" They were just dumb child hood tattoos. Will this affect my case?
Laurel: It might be best for you to get them lazered off if you can.
majmikew: I'm confused, you said that my wife needs to file I-212 and I-601 in her home country's consulate, so if she doesn't leave US, how can we know when she get the interview schedule ?
Laurel: Please watch my YouTube video on waiver procedure. Or, read my memo where the procedure is described. There are links to both on my website. If you read the memo and watch the video and you still don't understand, that's all the more reason for you to hire legal help.
adlopez: Do you recommend hiring an attorney for a second interview?
Laurel: I always recommend hiring an attorney if you need a waiver. A waiver case is necessarily a complex and difficult case.
Laurel: Ok, guys. Its noon and I'm starving. The phone rang twice and my associate tried to talk to me once during the chat and now I've got a fax coming through. I have to find out what all that was about. See you all next week.