Laura
01-30-2008, 05:05 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.
Q: Let's say a person EWI-ed in 1997, stayed until 2000, flew back to Mexico and then re-entered the U.S. with fraudulent documents, but not USC documents, like someone else's border crossing card or something... Would they be eligible for a waiver but need to overcome the misrep, or would it be a 9(c) violation even though the person entered "with" inspection?
Your question has been submitted to the moderator.
Laurel: Anyone who has their "all caps" button on, please turn it off. When you type in all caps, it gives the impression that you are shouting and it makes your statements hard to read. I am not going to answer questions written in all caps.
laurafern11: Let's say a person EWI-ed in 1997, stayed until 2000, flew back to Mexico and then re-entered the U.S. with fraudulent documents, but not USC documents, like someone else's border crossing card or something... Would they be eligible for a waiver but need to overcome the misrep, or would it be a 9(c) violation even though the person entered "with" inspection?
Laurel: This is a grey area of law because the question is whether the person attempted to enter without being admitted. Is a person "admitted" if they showed fraudulent documents to get in? The question is debated among immigration attorneys. For the moment, CDJ is saying this scenario would NOT trigger 9C. That could change at any time.
laurafern11: For Diane&Rod - Diane is a USC married to Rod, who is an LPR from Mexico who adjusted under the 1986 amnesty. Rod has a daughter who presumably EWI and has a 9(b) bar. Diane petitioned the EWI step-daughter and her appointment in CDJ is coming up. They know they need a waiver but we were discussing whether Rod's hardships will also be taken into consideration. Although he is not the petitioner, he and Diane are both valid qualifying relatives. Do only Diane's hardships "count" because she is the petitioner or can any qualifying relatives hardships be counted for the purposes of the I-601?
Laurel: Hardship to any and all qualifying relatives are considered for the I-601. It does not have to be the petitioner. It could even be a DV lottery visa with no petitioner.
laurafern11: From Charity: I have a friend that filed an I-130 because her father was a permanent resident..I guess at the time they filed it under 245 (i) before april 30, 2001. she was under 21 and unmarried..Well she didnt know that she wasnt supposed to get married and she did..it says on the I-130 instructions that if your son or daughter get married before the LPR becomes a US Citizen then the I-130 is automatically revoked...When she went to her I-485 interview she admitted to being married so I guess they denied her and revoked that I-130..Now that her father is a US citizen he could apply for her even though shes married, but does she have to redo another I-130...if she does will she have to go to Juarez or can she still adjust her status here since her father had a petition filed on her behalf before april 30, 2001...??
Laurel: Great question. Yes, her I-130 was revoked and was not revived by her father's subsequent naturalization. However, she can still use the old I-130 to qualify under 245i as it was approvable on its face at the time it was filed. She still needs a new I-130 in order to adjust. Confusing, I know. Just trust me. She needs the old, revoked I-130 and a new one and will qualify under 245i.
michelle: If someone was convicted of possession of marijuana over 30 grams as a minor (age 17) would they be able to file a waiver? Are convictions as a minor counted for immigration purposes?
Laurel: Not eligible for a waiver. There are ALMOST no distinctions for juvenile offenses.
jeni2007: I just received my first NOA for the I-130 and will today file the k-3. How long do you think it will take for the interview in CDJ?
Laurel: Meaning you got the receipt notice for the I-130 and are filing the I-129F? Ok. You're probably 6-9 months away from an interview in CDJ. Note: you no longer have to wait for the I-130 receipt notice before filing the I-129F as long as you file together since they now go to the same location. Previously they were filed in different places, hence the requirement of the I-130 receipt notice.
cm21om25: Laurel, It's been a few weeks since I asked you last, Is there any new status on the payments thing with paypal?
Laurel: Changing payment systems is on my long list of improvements to make in my office management systems. I hoped I would have it changed by now, but I think it will be another two to three months.
MO: a friend of mine have been 2 years without his wihe and kids they are in mexico,they had an i 601 waiver denial before the pilot program(very weak letter))and filed i290b and have been waiting for a year after that,would it be possible for them to call cdj-cis and make another appointment and take advantage of info pass or they are just gonna have to wait for an ansewr from aau
Laurel: They should ask for a new appointment with CDJ, but it has to be done by mail. Currently you can ask for a new CONSULAR interview by phone. When the time comes close for their new interview, if the appeal is still pending (likely), then they should withdraw the appeal so they can re-file the waiver under the PIlot Program. Don't withdraw the appeal until closer to the consular interview.
Laurel: Note: appealing an I-601 denial is rarely the best option. However, you would want to appeal if: (a) you have a legal dispute that really needs to be addressed by an appellate body, or (b) you absolutely did the best job you possibly could on the waiver the first time around, AND a newly filed waiver would just go back to the exact same CIS office, AND you think it should've been approved in the first place.
MO: also i vead their denial letter and at some parts of it says the following:"as children are not qualifying family members,possible hardships to the children are off point" is that true?
Laurel: This is one of those grey areas. Children are not qualifying relatives for prior unlawful presence or misrep (they are for criminal history), but hardship to the kids can be hardship to the qualifying relative. If my children suffer, I suffer. An example of when you just can't consider hardship to the kids: if its a child by a prior relationship and the qualifying relative really has no relationship with the child.
MO: i just got my k 3 visa and as soon as i got here sent my i 765with required documentation how long is it taking for an approval in texas
Laurel: Usually the EAD happens within a few weeks of the biometrics appointment.
mike: How long is it taking CDJ to schedule interviews?, just called 202 # today and was told "it seems your waiting for an interview to be scheduled"
Laurel: Like 3-6 months for IV or K3. They are speeding up.
ojos: is it wise to appeal a denied i-601 with a criminal past if you feel that B applies to you? or is it better to just give it time? to show rehabilitation?
Laurel: As long as you don't mind legal fees, you can sort of do both. The appeal will take 18-20 months. You can get it filed and then update it after a year and a half.
george: hello!!!!! my parents were deported in 1994 on the same month that this happend they re-entered and have been here since is there anything we can do for them to get them legal im a us citizen (son)
Laurel: Well, you get out of 9C since it was before 1997. Has anyone ever filed an I-130, I-140 or Labor Certification on their behalf in the past?
ojos: omg 3-6 months! thats really fast!
Laurel: They are supposed to be done with their backlog for the IV by summer. And the K3 is taking like 3 months or so for the interview.
ojos: Laurel, since most backlogged cases are getting answers about their waivers sooner and sooner; is Warren still telling ppl to wait atleast 12 months before inquiring about a pending i 601?
Laurel: Ooo. Good question. I would inquire after 6-7 months at this point.
Laurel: Holy Cow. No pending questions.
MO: so much time are we talking about since i sent i-765,would i have to make appointment for biometrics or are they gonna call me i am confused now
Laurel: They will send you a biometrics appointment notice shortly. They make the appointment for you.
Laurel: Guys. I'm going to ask that my clients not ask about the status of their case during the chat. Thanks.
MO: about my friens case how long is it takin to make another interview for another infopass and which number he has to call
Laurel: Following I-601 denial, you must ask for a new CONSULAR interview, not just a new appointment to file the waiver. You have to wait until a new consular interview has been scheduled before you can call to schedule a new waiver appointment. To request a new consular interview, you must mail your request. You cannot call. It should take 3-5 months for the new consular interview. That's a long time to be away from your spouse, but it beats the heck out of the 18-20 months processing time for an appeal.
ojos: ok... do you know how i can inquire? would i call 202 or 900 numbers maybe?
Laurel: Don't call those numbers. They don't know anything. Mail in an inquiry.
Laurel: I'm still receiving training on the new INSZoom database. My new associate, Veronica, has used it before and is pretty good at it. I'm getting there. Its already in use, but INSZoom recommended that I wait until I'm very comfortable with it before giving clients access to their online client accounts. So, it will be several more weeks. Then clients can just go online and see what actions is being taken/has been taken on their case, etc.
Laurel: My office will probably be moving in April or May. Watch for announcements with a new office address. When I move, I will pay a fee to continue receiving mail here and have calls transferred over in order to maintain fluidity for the benefit of the clients.
mike: is it ok to call the 202 # or the 900# to keep checking about an upcoming interview. I'd like to be able to save some money when making travel arrangements....don't want to loose a week because of the us mail
Laurel: I don't recommend you call them every week. I know you want to make your travel arrangements as far in advance as possible, but when everyone is constantly calling them in this manor, it slows down their efficiency.
Laurel: Clients will be able to view the forms that were created through the system after the license was purchased. There is no cost-efficient way to archive previously created forms onto the database. I don't know whether Word Documents can be entered into the system, so you might not be able to view briefs and letters that way. I'll have to check. But you would be able to see "case notes" and emails.
MO: before i got my k 3 i i had to wait for 6 weeks flem culture,they told me my examis only valid for 3 months do you think it would be wise for me to go back to cdj for my immigrant visa or i should jus do aos?
Laurel: Sounds like you should AOS. You may have had a fuzzy X-ray or a positive skin test and they might want to run the additional 6-week tests on you again. You don't want that to happen. This is a great example of why the "touchback" provisions in last year's CIR proposal were unacceptable.
jeni2007: Hi, for the k-3 at CDJ, do you need to present the I-34 or the I-864?
Laurel: All the consulates do their own thing on the income requirement for the K3. For CDJ, I think you don't have to do either form - you just show income.
Laurel: As was previously announced, I have a new associate, Veronica Tunitsky, an attorney with five years of experience. I should be hiring a new office assistant when I move to the new location. When that happens, she is the one who will be answering the phone for a time. Currently I also have a part-time assistant, Rachel, who telecommutes from Waco, TX. Rachel primarily handles accounts receivable issues. Some people have faxed me things and emailed Rachel to ask if my office got it. Please understand that Rachel is not in Houston. Also, Lizz, my long-time paralegal, continues to telecommute from Boston.
laurafern11: Well since there aren't any questions I will ask a random one... Pretty frequently people come to the forum saying that some lawyer advised them to file and I-130, then do whatever to get removal proceedings started and then "fight in the courts" to let the EWI spouse stay in the U.S. We know this is Cancellation of Removal and requires a very high standard of hardship, no criminal, etc, but very few people on I2US have gone that route so we can't really point to cases where it hasn't worked. I know you don't specialize in this but do you have any idea how many, if any Mexican EWIs actually win CORs each year? I mean, does it happen, but rarely? A lot of people have this idea in their head that staying in the U.S. and "fighting in the courts" is easier than CDJ...
Laurel: It depends on the court. An EWI is only eligible for Cancellation if he/she has been continuously present for at least 10 years, can show "Good Moral Character" during those ten years (I think immigration fraud is evidence of bad moral character), has no serious arrests prior to that time, and can show "Exceptional and Extremely Unusual Hardship" to a US citizen or permanent resident spouse, parent or child. For that last requirement, some judges are easy and some are hard. It depends.
Laurel: But I usually check for COR eligiblity in my standard I-601 consultation and if they are eligible, I explain the option to them. For a strong waiver case through Mexico, for a client with no aggravating factors, I think I-601 is preferable even if they are COR eligible. But that is one of the very few times a foreign-filed I-601 is preferable to even attempting COR. I should point out that COR is going to be more expensive in terms of legal fees than an I-601.
cm21om25: what happens if you plan on using a joint-sponser?
Laurel: For K3, if you plan to use joint sponsor, I would go ahead and have them do an I-134 and bring a tax return, proof of citizenship, and pay stubs for the co-sponsor, but at CDJ for a K visa, they might not even want to see it. Its one of the advantages of the K3 is if you know you're going to have trouble with the income requirement since they are more lax about it for the K3 than for the IV.
jeni2007: what if you don't have an income (ie -- you have been living out of the country)?
Laurel: Co-sponsor and/or assets.
MAX: Hi Laurel - I would like to know if the answer received for the Homeland Security Department by a half paper hand writting answer is more than enough to show the Embassy for a personal consul waiver in the interview. - Good Luck with your new location and new associate -
Laurel: I don't think I understand the question
Mendoza: Larel, how is deferred action different from cancellation of removal?
Laurel: Deferred Action is a pseudo-status in which the government agrees to temporarily not place you in deportation proceedings, even if you are clearly deportable. Deferred Action is an extraordinary measure, usually given, for example, to someone undergoing cancer treatment in the US who is deportable and has no deportation defense. Deferred Action gets you an EAD, but at any time it can be terminated and you can be placed in proceedings. Cancellation of Removal is a process for getting a green card under certain conditions.
MO: about my friends case again he is gonna have to withdraw the appeal once he gets his new appointment?
Laurel: yea, because he can't file the new waiver if there's an appeal pending.
Laurel: In my career so far, I think I've only seen one Deferred Action.
Laurel: Any of you in Austin - be sure to protest the decision of the local county sherrif to invite an ICE official to be stationed at the county jail and put ALL immigrants (legal and other) in the jail on an "immigration hold" to check immigration status.
Mendoza: OK, so deferred action is a temporary fix? Can someone do a deferred action until they are eligible for cancellation of removal (say they have been in the US for 8 or 9 years at the time they ask for deferred action)
Laurel: You don't ask for Deferred Action unless you think you can get it and as I said, its an extraordinary measure. By requesting it, you reveal to the government that you are deportable. You get it by directly approaching opposing counsel, telling them you are deportable, and asking them to let you stay anyway even though you currently have no relief available to you.
Laurel: Once again, its usually issued for extraordinary humanitarian reasons, such as the alien's own life-saving medical care.
angela256z: I applied for K3 (still no approval on July 16 - I-130 and Sep 2 - I-129), but if I am forced to take the I-130 route I will not be able to bring my step kids over with my husband correct? I will have to apply I-130's for them if we are issued a IR visa.
Laurel: Yea, but you can file the I-130s for them as long as they were under 18 at the time of the marriage.
Laurel: On my YouTube video about pre-waiver procedures I discuss some of the reasons why you might want a K3 instead of an IV. You guys have hit on several of the reasons.
Laurel: Everyone completely understand the waiver process now? No questions? Maybe my YouTube videos were better than I thought.
Laurel: And yes, I'm going to post some new ones. When Lynette was here she did some stuff to my computer so it runs a bit better. So, now I think I might be able to record some more.
MO: if he had a very weak letter is it wise to make a new appointment instead of waitinf for approval
Laurel: Make the new appointment. Do not withdraw the pending appeal until the new appointment is about to take place. Review the reasons for which you might want to continue with an appeal. Consult with an attorney to make sure that withdrawing an appeal is the best option.
angela256z: Yeah I have watched the video and bringing the kids over ws a big reason we applied for the K3/K4
Laurel: Ok. Just bear in mind that if they were over 18 at the time of the marriage, they can come on a K4, but they can't adjust so as soon as they turn 21 they go out of status and cannot adjust through any other means, even a USC spouse. So, they should return to MX after they turn 21.
angela256z: I have never seen the chat run out of questions before ....We must all be professionals now
Laurel: Its been a while since its happened.
MO: how can he get in contact with you
Laurel: Click on "Consultation" on my website.
angela256z: Oh our kids are only 8 and 10.
Laurel: Oh, then just do I-130s for them ... unless its an Affidavit of Support issue.
Laurel: Ok, its just about noon. I'm going to split. 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.
Q: Let's say a person EWI-ed in 1997, stayed until 2000, flew back to Mexico and then re-entered the U.S. with fraudulent documents, but not USC documents, like someone else's border crossing card or something... Would they be eligible for a waiver but need to overcome the misrep, or would it be a 9(c) violation even though the person entered "with" inspection?
Your question has been submitted to the moderator.
Laurel: Anyone who has their "all caps" button on, please turn it off. When you type in all caps, it gives the impression that you are shouting and it makes your statements hard to read. I am not going to answer questions written in all caps.
laurafern11: Let's say a person EWI-ed in 1997, stayed until 2000, flew back to Mexico and then re-entered the U.S. with fraudulent documents, but not USC documents, like someone else's border crossing card or something... Would they be eligible for a waiver but need to overcome the misrep, or would it be a 9(c) violation even though the person entered "with" inspection?
Laurel: This is a grey area of law because the question is whether the person attempted to enter without being admitted. Is a person "admitted" if they showed fraudulent documents to get in? The question is debated among immigration attorneys. For the moment, CDJ is saying this scenario would NOT trigger 9C. That could change at any time.
laurafern11: For Diane&Rod - Diane is a USC married to Rod, who is an LPR from Mexico who adjusted under the 1986 amnesty. Rod has a daughter who presumably EWI and has a 9(b) bar. Diane petitioned the EWI step-daughter and her appointment in CDJ is coming up. They know they need a waiver but we were discussing whether Rod's hardships will also be taken into consideration. Although he is not the petitioner, he and Diane are both valid qualifying relatives. Do only Diane's hardships "count" because she is the petitioner or can any qualifying relatives hardships be counted for the purposes of the I-601?
Laurel: Hardship to any and all qualifying relatives are considered for the I-601. It does not have to be the petitioner. It could even be a DV lottery visa with no petitioner.
laurafern11: From Charity: I have a friend that filed an I-130 because her father was a permanent resident..I guess at the time they filed it under 245 (i) before april 30, 2001. she was under 21 and unmarried..Well she didnt know that she wasnt supposed to get married and she did..it says on the I-130 instructions that if your son or daughter get married before the LPR becomes a US Citizen then the I-130 is automatically revoked...When she went to her I-485 interview she admitted to being married so I guess they denied her and revoked that I-130..Now that her father is a US citizen he could apply for her even though shes married, but does she have to redo another I-130...if she does will she have to go to Juarez or can she still adjust her status here since her father had a petition filed on her behalf before april 30, 2001...??
Laurel: Great question. Yes, her I-130 was revoked and was not revived by her father's subsequent naturalization. However, she can still use the old I-130 to qualify under 245i as it was approvable on its face at the time it was filed. She still needs a new I-130 in order to adjust. Confusing, I know. Just trust me. She needs the old, revoked I-130 and a new one and will qualify under 245i.
michelle: If someone was convicted of possession of marijuana over 30 grams as a minor (age 17) would they be able to file a waiver? Are convictions as a minor counted for immigration purposes?
Laurel: Not eligible for a waiver. There are ALMOST no distinctions for juvenile offenses.
jeni2007: I just received my first NOA for the I-130 and will today file the k-3. How long do you think it will take for the interview in CDJ?
Laurel: Meaning you got the receipt notice for the I-130 and are filing the I-129F? Ok. You're probably 6-9 months away from an interview in CDJ. Note: you no longer have to wait for the I-130 receipt notice before filing the I-129F as long as you file together since they now go to the same location. Previously they were filed in different places, hence the requirement of the I-130 receipt notice.
cm21om25: Laurel, It's been a few weeks since I asked you last, Is there any new status on the payments thing with paypal?
Laurel: Changing payment systems is on my long list of improvements to make in my office management systems. I hoped I would have it changed by now, but I think it will be another two to three months.
MO: a friend of mine have been 2 years without his wihe and kids they are in mexico,they had an i 601 waiver denial before the pilot program(very weak letter))and filed i290b and have been waiting for a year after that,would it be possible for them to call cdj-cis and make another appointment and take advantage of info pass or they are just gonna have to wait for an ansewr from aau
Laurel: They should ask for a new appointment with CDJ, but it has to be done by mail. Currently you can ask for a new CONSULAR interview by phone. When the time comes close for their new interview, if the appeal is still pending (likely), then they should withdraw the appeal so they can re-file the waiver under the PIlot Program. Don't withdraw the appeal until closer to the consular interview.
Laurel: Note: appealing an I-601 denial is rarely the best option. However, you would want to appeal if: (a) you have a legal dispute that really needs to be addressed by an appellate body, or (b) you absolutely did the best job you possibly could on the waiver the first time around, AND a newly filed waiver would just go back to the exact same CIS office, AND you think it should've been approved in the first place.
MO: also i vead their denial letter and at some parts of it says the following:"as children are not qualifying family members,possible hardships to the children are off point" is that true?
Laurel: This is one of those grey areas. Children are not qualifying relatives for prior unlawful presence or misrep (they are for criminal history), but hardship to the kids can be hardship to the qualifying relative. If my children suffer, I suffer. An example of when you just can't consider hardship to the kids: if its a child by a prior relationship and the qualifying relative really has no relationship with the child.
MO: i just got my k 3 visa and as soon as i got here sent my i 765with required documentation how long is it taking for an approval in texas
Laurel: Usually the EAD happens within a few weeks of the biometrics appointment.
mike: How long is it taking CDJ to schedule interviews?, just called 202 # today and was told "it seems your waiting for an interview to be scheduled"
Laurel: Like 3-6 months for IV or K3. They are speeding up.
ojos: is it wise to appeal a denied i-601 with a criminal past if you feel that B applies to you? or is it better to just give it time? to show rehabilitation?
Laurel: As long as you don't mind legal fees, you can sort of do both. The appeal will take 18-20 months. You can get it filed and then update it after a year and a half.
george: hello!!!!! my parents were deported in 1994 on the same month that this happend they re-entered and have been here since is there anything we can do for them to get them legal im a us citizen (son)
Laurel: Well, you get out of 9C since it was before 1997. Has anyone ever filed an I-130, I-140 or Labor Certification on their behalf in the past?
ojos: omg 3-6 months! thats really fast!
Laurel: They are supposed to be done with their backlog for the IV by summer. And the K3 is taking like 3 months or so for the interview.
ojos: Laurel, since most backlogged cases are getting answers about their waivers sooner and sooner; is Warren still telling ppl to wait atleast 12 months before inquiring about a pending i 601?
Laurel: Ooo. Good question. I would inquire after 6-7 months at this point.
Laurel: Holy Cow. No pending questions.
MO: so much time are we talking about since i sent i-765,would i have to make appointment for biometrics or are they gonna call me i am confused now
Laurel: They will send you a biometrics appointment notice shortly. They make the appointment for you.
Laurel: Guys. I'm going to ask that my clients not ask about the status of their case during the chat. Thanks.
MO: about my friens case how long is it takin to make another interview for another infopass and which number he has to call
Laurel: Following I-601 denial, you must ask for a new CONSULAR interview, not just a new appointment to file the waiver. You have to wait until a new consular interview has been scheduled before you can call to schedule a new waiver appointment. To request a new consular interview, you must mail your request. You cannot call. It should take 3-5 months for the new consular interview. That's a long time to be away from your spouse, but it beats the heck out of the 18-20 months processing time for an appeal.
ojos: ok... do you know how i can inquire? would i call 202 or 900 numbers maybe?
Laurel: Don't call those numbers. They don't know anything. Mail in an inquiry.
Laurel: I'm still receiving training on the new INSZoom database. My new associate, Veronica, has used it before and is pretty good at it. I'm getting there. Its already in use, but INSZoom recommended that I wait until I'm very comfortable with it before giving clients access to their online client accounts. So, it will be several more weeks. Then clients can just go online and see what actions is being taken/has been taken on their case, etc.
Laurel: My office will probably be moving in April or May. Watch for announcements with a new office address. When I move, I will pay a fee to continue receiving mail here and have calls transferred over in order to maintain fluidity for the benefit of the clients.
mike: is it ok to call the 202 # or the 900# to keep checking about an upcoming interview. I'd like to be able to save some money when making travel arrangements....don't want to loose a week because of the us mail
Laurel: I don't recommend you call them every week. I know you want to make your travel arrangements as far in advance as possible, but when everyone is constantly calling them in this manor, it slows down their efficiency.
Laurel: Clients will be able to view the forms that were created through the system after the license was purchased. There is no cost-efficient way to archive previously created forms onto the database. I don't know whether Word Documents can be entered into the system, so you might not be able to view briefs and letters that way. I'll have to check. But you would be able to see "case notes" and emails.
MO: before i got my k 3 i i had to wait for 6 weeks flem culture,they told me my examis only valid for 3 months do you think it would be wise for me to go back to cdj for my immigrant visa or i should jus do aos?
Laurel: Sounds like you should AOS. You may have had a fuzzy X-ray or a positive skin test and they might want to run the additional 6-week tests on you again. You don't want that to happen. This is a great example of why the "touchback" provisions in last year's CIR proposal were unacceptable.
jeni2007: Hi, for the k-3 at CDJ, do you need to present the I-34 or the I-864?
Laurel: All the consulates do their own thing on the income requirement for the K3. For CDJ, I think you don't have to do either form - you just show income.
Laurel: As was previously announced, I have a new associate, Veronica Tunitsky, an attorney with five years of experience. I should be hiring a new office assistant when I move to the new location. When that happens, she is the one who will be answering the phone for a time. Currently I also have a part-time assistant, Rachel, who telecommutes from Waco, TX. Rachel primarily handles accounts receivable issues. Some people have faxed me things and emailed Rachel to ask if my office got it. Please understand that Rachel is not in Houston. Also, Lizz, my long-time paralegal, continues to telecommute from Boston.
laurafern11: Well since there aren't any questions I will ask a random one... Pretty frequently people come to the forum saying that some lawyer advised them to file and I-130, then do whatever to get removal proceedings started and then "fight in the courts" to let the EWI spouse stay in the U.S. We know this is Cancellation of Removal and requires a very high standard of hardship, no criminal, etc, but very few people on I2US have gone that route so we can't really point to cases where it hasn't worked. I know you don't specialize in this but do you have any idea how many, if any Mexican EWIs actually win CORs each year? I mean, does it happen, but rarely? A lot of people have this idea in their head that staying in the U.S. and "fighting in the courts" is easier than CDJ...
Laurel: It depends on the court. An EWI is only eligible for Cancellation if he/she has been continuously present for at least 10 years, can show "Good Moral Character" during those ten years (I think immigration fraud is evidence of bad moral character), has no serious arrests prior to that time, and can show "Exceptional and Extremely Unusual Hardship" to a US citizen or permanent resident spouse, parent or child. For that last requirement, some judges are easy and some are hard. It depends.
Laurel: But I usually check for COR eligiblity in my standard I-601 consultation and if they are eligible, I explain the option to them. For a strong waiver case through Mexico, for a client with no aggravating factors, I think I-601 is preferable even if they are COR eligible. But that is one of the very few times a foreign-filed I-601 is preferable to even attempting COR. I should point out that COR is going to be more expensive in terms of legal fees than an I-601.
cm21om25: what happens if you plan on using a joint-sponser?
Laurel: For K3, if you plan to use joint sponsor, I would go ahead and have them do an I-134 and bring a tax return, proof of citizenship, and pay stubs for the co-sponsor, but at CDJ for a K visa, they might not even want to see it. Its one of the advantages of the K3 is if you know you're going to have trouble with the income requirement since they are more lax about it for the K3 than for the IV.
jeni2007: what if you don't have an income (ie -- you have been living out of the country)?
Laurel: Co-sponsor and/or assets.
MAX: Hi Laurel - I would like to know if the answer received for the Homeland Security Department by a half paper hand writting answer is more than enough to show the Embassy for a personal consul waiver in the interview. - Good Luck with your new location and new associate -
Laurel: I don't think I understand the question
Mendoza: Larel, how is deferred action different from cancellation of removal?
Laurel: Deferred Action is a pseudo-status in which the government agrees to temporarily not place you in deportation proceedings, even if you are clearly deportable. Deferred Action is an extraordinary measure, usually given, for example, to someone undergoing cancer treatment in the US who is deportable and has no deportation defense. Deferred Action gets you an EAD, but at any time it can be terminated and you can be placed in proceedings. Cancellation of Removal is a process for getting a green card under certain conditions.
MO: about my friends case again he is gonna have to withdraw the appeal once he gets his new appointment?
Laurel: yea, because he can't file the new waiver if there's an appeal pending.
Laurel: In my career so far, I think I've only seen one Deferred Action.
Laurel: Any of you in Austin - be sure to protest the decision of the local county sherrif to invite an ICE official to be stationed at the county jail and put ALL immigrants (legal and other) in the jail on an "immigration hold" to check immigration status.
Mendoza: OK, so deferred action is a temporary fix? Can someone do a deferred action until they are eligible for cancellation of removal (say they have been in the US for 8 or 9 years at the time they ask for deferred action)
Laurel: You don't ask for Deferred Action unless you think you can get it and as I said, its an extraordinary measure. By requesting it, you reveal to the government that you are deportable. You get it by directly approaching opposing counsel, telling them you are deportable, and asking them to let you stay anyway even though you currently have no relief available to you.
Laurel: Once again, its usually issued for extraordinary humanitarian reasons, such as the alien's own life-saving medical care.
angela256z: I applied for K3 (still no approval on July 16 - I-130 and Sep 2 - I-129), but if I am forced to take the I-130 route I will not be able to bring my step kids over with my husband correct? I will have to apply I-130's for them if we are issued a IR visa.
Laurel: Yea, but you can file the I-130s for them as long as they were under 18 at the time of the marriage.
Laurel: On my YouTube video about pre-waiver procedures I discuss some of the reasons why you might want a K3 instead of an IV. You guys have hit on several of the reasons.
Laurel: Everyone completely understand the waiver process now? No questions? Maybe my YouTube videos were better than I thought.
Laurel: And yes, I'm going to post some new ones. When Lynette was here she did some stuff to my computer so it runs a bit better. So, now I think I might be able to record some more.
MO: if he had a very weak letter is it wise to make a new appointment instead of waitinf for approval
Laurel: Make the new appointment. Do not withdraw the pending appeal until the new appointment is about to take place. Review the reasons for which you might want to continue with an appeal. Consult with an attorney to make sure that withdrawing an appeal is the best option.
angela256z: Yeah I have watched the video and bringing the kids over ws a big reason we applied for the K3/K4
Laurel: Ok. Just bear in mind that if they were over 18 at the time of the marriage, they can come on a K4, but they can't adjust so as soon as they turn 21 they go out of status and cannot adjust through any other means, even a USC spouse. So, they should return to MX after they turn 21.
angela256z: I have never seen the chat run out of questions before ....We must all be professionals now
Laurel: Its been a while since its happened.
MO: how can he get in contact with you
Laurel: Click on "Consultation" on my website.
angela256z: Oh our kids are only 8 and 10.
Laurel: Oh, then just do I-130s for them ... unless its an Affidavit of Support issue.
Laurel: Ok, its just about noon. I'm going to split. See you all next week.