Questions for Laurel [Archive]

Mgarcia

02-04-2008, 09:23 PM

Thanks, i am also at work when the chat is on, i would really appreciate if you can ask this question for me:

My husband EWID in July 7th 2001 on July 6th 2001 he was caught and released. to make sure the prior catch was not a deportation i submitted his fingerprints to the FBI, the record came back clean. We have an approved I-130 that we received in 2005, my previous lawyer that turns out to be he was a fraudulent person filed the I-212 and was approved Feb 2007. We dont need the I212 since my husband was never deported his only obstacle is the EWI in 2001. I have filed a complaint against the Fraudulent lawyer because of malpractice since he filed documents/forms that were not necessary like the I-485 even though he knew my husband could not adjust status in the US because he EWI'D. My husband has been in the US since July 2001, he reports taxes with his ITN number and has no criminal records at all, is it possible that we can re-send the approved I-130 to CDJ so we can get an appt and then file for the I-601 waiver pilot program?Thanks
In 2005 when we received the approved I-130 we then received a packet 6 months after indicating an interview and priority date of may2005 for CDJ. When we received the interview for juarez in 2006 the "lawyer" filed the I-485 to transfer the case to US and here is where he messed up because everything was then transfered here and of course the I485 was denied because my husband has an EWI in 2001. Is it possible for us to resend the I-130 that we have approved so that we can get an appointment and then an infopass for the I601 waiver?

**thanks for asking the question for me MendozaHQ**

tasksgirl

02-05-2008, 03:24 AM

Hi this is for Mach12:

(She is doing the waiver in CDJ) and received an appointment for February 26 for her I-130; and almost simultaneously received a K-3 appointment for March 3. She is wondering what is going to happen in CDJ are they going to make her choose or will she have the opportunity to do both interviews if something goes wrong with the first? She has a crappy 'lawyer' who can not advise her and she is worried. She also is having issues about the affidavit of support. She was able to fulfill the requirements when her application was at NVC but has since lost her job and would like to know if they require an updated evidence. She is now doing temp work and has only 3 recent paystubs. What will happen if at her first interview they determine her income is insufficient? Will she have an opportunity to go to her second K-3 interview or will she have to reschedule and wait for another appointment?

Someone else is supposed to ask this question so if it has already been asked then please disregard this.

Thanks!! :D

JennyM

02-05-2008, 03:33 AM

Hi..Can you ask her if it is wise to mention a pending DUI in the HSL. Pending meaning that he has not been convicted. Thanks. This is so helpful because I am always at work at the time the chats go on. Thanks again.

FYI per laurel:
"Lots of cases get referred for not addressing a prior arrest, In the waiver packet, Not necessarily in the letter
If someone is combining the brief and the letter, which I don't recommend, then I guess they need to talk about the DUI in the letter"

fanygirl

02-05-2008, 03:38 AM

If you were deported once (caught at the airport, put on the next flight out) and then EWI, Then filed I130 meaning now INS knows where you are. Could this trigger them to start deportation proceeding agains you. And the fact that you were deported once and EWI means they can just come and get you and if so are you able to get voluntary departure or do they hold you in custody until they themself put you on a plane.

MendozaQH

02-05-2008, 01:42 PM

Got them.

Fancygirl, Laurel is going to ask for more details of the deportation, like when it happened and when the EWI was.

sinfronteras

02-05-2008, 06:02 PM

Hey I had been trying to get the chat, but the work computer does not allow me to.

Could you please ask Laurel this question..

I am giving you a brief idea of my husband case. Please let me know your opinion based on your personal experiences.

Before we start the proccess I want to see what are the possibilities.

Thanks in advance.

Ok. My husband EWI in July 2001.
The 1st. attempt they caught him & throw him back.
The 2nd attempt they got him again, but on this particular ocassion they took pic's & fingerprints & throwhim back.
The 3rd attempt they got him but let him go because was Father's day & his son run to him crying and saying Papa...plus, the "sherrif" did not wanted to work. So he flew to NYC. Started working as a cleaning security person on a " Prostitution Place". Well, They arrested him in there one day. He said he was a cust. & they sent him to court. The court day was 911 in the morning, so the judge basically dropped the charges & let him go.We have a paper saying that the charges & case is dismmissed. He saw the 2nd plane crash at the Bldng. He voluntarly helped people that day.
In 2002 he cross the border & stayed in Mexico for 8 months. While In Matamoros he went to the border to check his finger prints. ( They told him that they caught him once)
2003 He re-entered the U.S. but this particular time in a car with a U.S. citizen friend driving. So basically they let him get in as if he was a USC. They never asked him if he was USC or not.
We met 4/04.
We married 9/05.
We filed taxes together 2006 & 2007.
He left to see his son in Mexico 8/07.

MendozaQH

02-05-2008, 06:39 PM

OK, so your question is do you have a chance since the last entry was a "waive through" so basically an entry with inspection?

Also, she will probably want to know what happened at the border in 2002?

Mgarcia

02-05-2008, 06:45 PM

Hello, just wondering if you were going to post the answers in this same thread tomorrow? thanks i cant wait to see what laurel has to say :)

Thanks again Mendoza

sinfronteras

02-05-2008, 06:49 PM

Auntlily

02-05-2008, 07:08 PM

Hi Mendoza, can you ask Laurel the following?

I just had a conversation with my lawyer and he says that with the November elections things are going to change drastically for immigration. He thinks that something will happen soon that is going to allow all the illegal aliens already living in the US to AOS in the US but pay a hefty fine. Is this true? Actually what I'm looking more for is what is her opinion on this comment? Does she foresee this too? Is there hope?

1MessedUpSourPatchKid

02-05-2008, 07:26 PM

milliesmom

02-05-2008, 07:32 PM

I have a question - a family (Mom, Dad, 3 y.o. son) from Mexico was in US undocumented, a no-good lawyer suggested they apply through Amnesty. This was back in 1991. Of course they were denied. The family appealed, appealed until they got to the 9th circuit court of appeals. They were given voluntary departure for 8/11/07. The family left, including their Married to USC son who is now 21 y.o. In December of 2007, 21 year old son went to interview in Juarez and did not have to submit a waiver because he had not accumulated illegal presence because he left with the VD. His visa was stamped and he is now a LPR. Do the Mom & Dad have any recourse? Can they come back when their son applies for citizenship? What about another US born daughter that the family has?

Thank you.

MendozaQH

02-05-2008, 09:10 PM

Hello, just wondering if you were going to post the answers in this same thread tomorrow? thanks i cant wait to see what laurel has to say :)

Thanks again Mendoza

Angela will post the entire chat on it's own thread. You can look for the naswers there or if I have time I can repost the response in this thread!

flor27

02-05-2008, 11:43 PM

Mendoza can yuo ask laurel if there is any chance for my to get a waiver because i came in 2000 i was caugt 2 times tried next day made it, i beeb here since then, i check my finger prints whit FBI and they say no arrest record found if so will suizere from the citizen be a good reazon for the HShip letter + he is in universiry? thanks excuese my english

fanygirl

02-05-2008, 11:45 PM

MendozaQH, It happenned in 96, came back 99. I have some new info too my lawyer did my FOIA and just got the result today. I talked to her over the phone. But now I'm even more confused. I have to go see it for myself it came on a disc. What is really confusing and I really need to ask L. Scott is my lawyer told me some parts of the text in the FOIA was blanked out, this has me terrible worried, is that a habit that they do? My lawyer say they do that when they don't want you to find out some stuff, now I'm really scared, this has me worried that they could be persuing removal procedure against me it they were would this be on the FOIA and would it be something they would try to hide.

Lilly251

02-06-2008, 12:04 AM

Husband (From Nicaragua) EWI 11/2005
He was caught at border fingerprinted and released (used fake name) to Mexico. He EWI next day.
Used his own name with fake ss number for 2 months (did not understand the problem it would cause)
Meet 12/2006
Marry 1/2008
Obtained ITIN and filed taxes 2/2008
Can we file I-130 now or should we wait? We have been told by 2 lawyers to wait for law to change.
What are the chances that he will be approved in the future(I know that it will be a long wait)?
Will fingerprint be a problem and if so how do we check with FBI?
Lilly

SAD ANITA

02-06-2008, 12:18 AM

hi mendoza can you please ask ::

hubby is now in Mexico he was deported at our AOS interview ,,, he had a final deportation from 1993 he was 18 at the time ,,, they claim he never showed up but hubby said he was told to leave the federal court when he went for his court date because that file was closed ( dont know) anyways ,,, hubby has an approved I130 since 2001 ,,, he know he has to file 2 waivers ,but he has a dwi from 1995 which he paid off ,,, will that affect him on his approval /?? do I need to mention that on my HSL ????

I would appreciate if you PM the response thanks a million!

grneyesgemini

02-06-2008, 02:42 AM

Can you ask laura somethings for me I also work. My consultation isnt till thurs but just cant wait.My fiance EWI in 1999 caught but was thrownback.EWI again in 2000. Been here since went back to mexico nov 2007 so we could start the process to get him legal What would be the way to go k-1 or go to mexico and get married and do the k-3. He' ll need a waiver but don't you think they'll approve more for a spouse than a fiance. he has no other convictions or misrepresentations. has anyone else here in the same situation got approved waiver for a fiance. how long does it take and i don't understand the I 129F And I130 timelines.If I go the k-1 way and dont get approved and I then get married and do k-3 would that be possible to file a different way the 2nd time? I hope you understand.

tasksgirl

02-06-2008, 02:48 AM

Can someone PLEASE ask Laurel what the heck is going on with the I-129f when filed in conjunction with a pending I-130. It appears all I-129fs sent in after the fee increase (when I-129fs became free) are being ignored/case closed !!?

http://immigrate2us.net/forum/showthread.php?t=8719

mrs.Lema623

02-06-2008, 03:32 AM

I ditto taskgirl's question..

klaudialaw

02-06-2008, 06:21 AM

Can you ask laurel a question for me too?

What is the best thing to do(in terms of what will take shorter and have a more possitive outcome) after an in country waiver denial relating to AOS ?(waiver was submitted for fraud/missrepre at entry).
thanks,

klaudia

Emily

02-06-2008, 06:55 AM

Hey Mendoza,

If I don't show at the chat can you please ask this for me. I'm going to try to make it though...

If I sponsor my spouse, can I use the remainder of financial aid and loan money that was given as "living expenses" as part of the income needed? I'm a student, and get extra money every semester, and was told to use it for living expenses.

mach12

02-06-2008, 06:58 AM

tasks--thanks so much for posting my concerns...

Mendoza---here are my questions formally...I just emailed them to cm21om25 who has offered to post my questions...I told her I would give them to you just in case you don't see her online for some reason.

Thanks!!

Questions: in order of importance... please use "new12" when you give her my questions... (instead of mach12)

1-My husband's IV interview is scheduled for Feb 26(CDJ) and waiver appt on Feb 29. This past weekend I got the letter from the consulate giving us an interview date for our k3, March 3. I am one who is concerned about the affidavit of support guidelines since my company folded recently. I am currently temping and will have 2-3 recent pay stubs however. Do we cancel one interview and if so which one? Will they ask my husband at our first interview date, which petition we want to proceed with? Do you recommend the K3 if Im worried I dont meet the support guidelines?(no co sponsor possible) What will happen if at the IV interview they say I'm not qualified to sponsor, is he denied or do we schedule a new interview? Can we still go to the k3 interview if they dont ask him at the IV which petition he wants to complete? Of course I would rather him come home with his GC, but getting him home period, is the goal.

2- My lawyer prepared two separate packets for the waiver interview. One for the 601 and one for the 212. They are identical as far as the hsl and the exhibits and each has a corresponding brief, g28 and waiver form. Is this correct? Should we be turning in two packets?

3- Should my husband include a letter from himself when submitting the 212 and if so what should he say? What about a letter from his employer to attest to character?

MendozaQH

02-06-2008, 02:29 PM

Holy Cow!! 3 pages of questions!

Guys, I cannot promise that Laurel will get to everyone's questions, especially since there are so many this week! Remember that she only has 1 hour and there are other people on the chat. I will do my best to post everyone's questions.

MendozaQH

02-06-2008, 05:34 PM

OK, I asked everyones questions, but since I had to type everything up (the chat will not let me copy and paste), I had to reword osme of yours to make it shorter. We will see if Laurel can get to everyone's questions.

Guys, I am going to ask that if you post a question for me to ask, only do so if you cannot attend. If you think you cannot attend and later find out you can, let me know here or by PM so that I do not ask your question. Thanks :)

cm21om25

02-06-2008, 05:56 PM

Mendoza, are you copying what Laurel writes to post in the chat logs? Just wondering because I know Laurafern asked you to ask the questions but I wasn't sure about the chat logs.

tasksgirl

02-06-2008, 06:06 PM

crap I really hope that my question got asked because it pertains to ALOT of peoples cases and we need to know whats going on with the I-129f..

angela256z

02-06-2008, 06:08 PM

The chat is posted now. Sorry if your question did not get answered.

MendozaQH

02-06-2008, 06:20 PM

I am pretty almost everyone's questions got answered. Tasksgirl, I asked your question. There were 2 that didn't get answered, but I can explain why, I think....

fanygirl

02-06-2008, 09:26 PM

Thank you for posting my question. I have to get another consultation from L.Scott . Now I'm even more worried now That I have gotten her answer I'm having a panic attack.:eek: My question was: if filing a 130 after someone was deported, then EWI a few years later successfully could trigger Imm. to start deportation proceeding against them. And the answer was its a possibility . When I had consult with L.Scott maybe a year and a half ago when the buzz about a possible CIR was hot she said filing was no problem, as long as it was just 130. Now things have seem to change
Does anyone know of such a situation?. I'll search around on other post to see if there is any case where someone filing a 130 after a previous deportation caused them to be deported or have deportation proceeding against them.

nadiah_25

02-08-2008, 01:21 AM

If anyone has any questions for Laurel for her chat and are not able to attend, please post them here and I will ask them on Wednesday. :thumbup:

Hello MendozaQH,

Can you please ask her what happens if you still have a pending I601 waiver over 1yr on a K3 visa but now have an upcoming I 130 interview... what can we do and if you can submit waivers again. We have both 601 and 212 pending still. Can we schedule an info pass to turn them in again or what are the best options.

Thank you sooooo much!!!