angela256z
02-06-2008, 06:04 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.
Laurel: Please do not type in all capital letters. That makes it hard to read
NicoleX08: Hi Laurel, I had a few questions that I needed to ask. 1. What specific items do I need to provide with the I-212 and I-601? Is my husband allowed to turn them both in at the same time for his waiver appt. in CDJ, Mexico? 2. For the affidavit of support, does the income reflect your gross earnings or the adjusted income from your tax return? 3. If I had to file bankruptcy because my husband left, will that effect my affidavit of support? Thank you in advance for your response!!!!
Laurel: 1. You need to provide those two forms, a G-325A for him, filing fee, and all your supporting documents to prove your hardship.
2. I usually use gross earnings and it hasn't been an issue.
3. They don't have a copy of your credit report, so it shouldn't.
Mendoza: Question from vivalrock: Should a pending DUI be mentioned in a HSL? Pending meaning he has not been convicted yet..
Laurel: I strongly recommend that you get it resolved before going down there. It could cause problems with the medical.
1234: hello mrs laurel i came to the us as a student but i never attended the college becoz my sponser let me down i got married to a us citizen i went for my interview 3 months ago and the immigration officer told me that i have to file for a waiver becoz i commited a fraud so should i file for a waiver even if we dont have any strong agruments for the hardship or try to prove to the immigration officer that i really came here to study and by the way i already paid the college 1 semester and i called the college many times asking them to give me more time so i can come up with some money but they refused they wanted me to be in the college at the exact time please help me mrs paula im really confused i have a very good job i pay alot of taxes i have a car payments and a car payments and my work permit will expire soon
Laurel: File the I-601 waiver packet at the same time you contest the finding. Provide lots of evidence that you attempted to attend school.
cm21om25: This is from New12: 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.
Laurel: Go to the IV interview with a copy of your 2007 tax return. Get a co-sponsor if you can. If things don't go well in regard to the income requirement, go forward with the K3 interview.
Laurel: And those recent paystubs. Not just the tax return.
cm21om25: This is from New12: 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?
Laurel: There should be one packet with both forms in it.
Sandra162: I know a Permanent Resident can not apply for citizenship until after five years, but can the permanent resident apply 90 prior to the five years being complete?
Laurel: Yes. And if you're married to a USC, its 3 years. Restrictions apply.
cm21om25: from New12: 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?
Laurel: Depends on the ground of inadmissibility. I normally only get into moral character if its a criminal ground of inadmissibility. I usually only have the applicant write a letter if there are some sort of extenuating circumstances or if there's something about the applicant's testimony that will shed light on the qualifying relative's hardship.
Laurel: Part of why I normally don't get a letter from the applicant is because its very hard to keep the letter from turning into an apology. I don't want an apology letter. That puts the focus on what the applicant has done wrong. I want to keep the focus on the qualifying relative's hardship.
amber: Tomorrow will be 4 weeks since our i-130 was approved. The NOA2 says it will be forward to NVC but NVC has not received it yet. I know they say it can take up to 90 days. The CSR at NVC said averavge 2 to 4 weeks. I'm worried that by mistake it was sent to our local office. Should I be worried yet? How long should I wait? Who should I call?
Laurel: NVC is not as on the ball as they used to be. Wait those 90 days before getting worried. They may already have it, but they haven't entered it into their computer system.
Sandra162: 90 days prior to the five years
Laurel: Yes.
Mendoza: Question from Mgarcia: My husband EWI in 2001 and was caught and released. We submitted the fingerprints to the FBI and the record came back clean. We have an approved I-130 that we recieved in 2005. My lawyer however filed an I-212 which was approved in Feb 2007 even though there was never a deportation. So even though an I-212 was filed, can we still go ahead with the interview abroad and file an I-601 for the unlawful presence? Can we simply file the I-864 to forward the file to NVC?
Laurel: If he was never deported, the I-212 was a big waste of time and money. And even if he needed one, it should've been filed with the I-601 at the consulate. Just forget about the I-212. If the I-130 hasn't been forwarded to the NVC yet, then yes you need to file an I-824.
WaitinginSD: I am processing the I-130 and I-129F for my husband. He currently lives in Tijuana. He was here illegally from 1994 to April 1998. We waited the 10 years because I had no idea the I-601 existed. He was never deported but left on his own. I filed the I-130 in 05 as a LPR (which hasn't been approved) but became a citizen on 9/07. I filed the I-129 on 10/03/07 and anticipate to get the approval and interview by May. Since the 10 years have comptely passed by that time, will I need to file the waiver or not?
Laurel: You will not need to file an I-601
angela256z: Laurel is it about time that I call USCIS yet on my pending I-130 (sent July 16 CSC) and I-129F (Sent Sept 2 CSC)? There are quite a few August I-130 filers that have been approved. Am I being impatient now?
Laurel: Check the case status online. It doesn't look like its taking too long.
Mendoza: Question from fancygirl: If you were deported back in 1996 (caught at the airport and sent out on the next plane) and then EWI in 1999 and then file the I-130, could this trigger INS to start deportation proceeding against you? Also, my lawyer did an FOIA and the results are in on a disc. MY lawyer says some parts of the text of the FOIA are blanked out. Do they usually do this? And if so, what does it mean?
Laurel: Oh, they black out parts of the FOIA all the time. That's normal. There are various things they are allowed to black out. For example, if they write on the file "hey, is this so-and-so, that drug kingping we're looking for?", they would black that out because they don't necessarily want so-and-so to know they are confused about his identity.
As for whether the I-130 would trigger deportation proceedings, for a simple EWI, I would normally say 'no', but for a prior deportee who returned EWI, actually it might. He's subject to 9C anyway, so I'm not sure you want to try.
pdgarcia: Hello Laurel, My brother-in-law was denied for not showing extreme hardship and she recieved the form I believe 290 to appeal, but my sister has requested a new interview with the consulate and they informed her it was taking about 4-6 months for a new interview, does she has to go ahead and fill that form and send it in so that they are aware she wants a second chance and withdraw it when she gets her new interview or you will say not to send it. Thank you!!
Laurel: You do not need to file an appeal in order to preserve an opportunity for a new consular interview. On the contrary, the appeal is likely to interfere with the subsequent refiling of the I-601. And BTW, an appeal is taking 18-20 months.
EmilyMartinez: Hi Laurel, I have a question regarding affidavtit of support. I'm astudent, and I get extra money left over from financial aid and loans. If I sponsor my husband can I use the exra money in that income bracket I need to make? It was given to me as "living expenses"
Laurel: If its money in the bank you can count it as an asset. Remember that for the spouse of the alien, the assets must equal at least 3 times the difference between required income and actual income. For non-spouses its 5 times.
ed: my question is general-has a class action lawsuit approach ever been tried to have the bar of what is considered extreme hardship lowered by providing proof of those denied waivers, and what happens afterwards (divorce, economic hardship, impacts on children, state benefits impacts, etc.). Wouldn't it be great if the seperation alone is considered extreme hardship.
Laurel: No, no such suit has been tried and actually I'm not sure what your legal theory is for the suit.
WaitinginSD: My friend just became a US citizen and now wants to legalize her son who is 12 years old. He was born in Mexico when she was young. She is now married with another baby. She initially had her son stay with her aunt in Mexico, who is a legal resident. Her aunt came back and just brought the son. She crossed him and was not asked anything about him. My friend has had him living with her for 3 years now. Can she just submit an I-130 and take him to Juarez for the interview? I know illegal presence does not count for kids under 18 and I guess he entered EWI without claiming to be a citizen. Her big concern is getting her aunt in trouble.
Laurel: They are going to wonder how the kid came over and indeed there's potential for the aunt to get in trouble. Smuggling in an alien is a permanent ground of inadmissibility with no waiver. Exceptions to that ground of inadmissibility include the smuggling of an immediate relative, but a nephew is not an immediate relative. That issue aside, yea, she just files the I-130 and the kid won't need a waiver.
reyesbnj: hello, i'm new to the chat. we recently recieved what i guess is the notice of action or letter confirming receipt of the I-130. it said they recieved it on december 13th. 1) i'm wondering if i could get a rough idea of when we might expect to recieve notice to file additional documentation and when he might recieve notice for his appt. in juarez? 2) i'm currently employed. however really miserable. ideally, like to quit this job and maybe be without a job while i look for something better. if i did this would it affect the affidavit of support? would the gaps in employment hinder our chances?
Laurel: It may be six months or so before there is further action on the case. It could be 9-12 months before the interview in CDJ. Yes, gaps in your employment could affect whether you meet the income requirement.
Mendoza: Question from sinfronteras: My husband EWI in July 2001. He was caught and released 2 times and then on the thrid time he was caught, but they let him go due to it being father's day. SO my husband flew to NYC and started working as a cleaning security person on a "Prostitution place". Well, they arrested him in there one day and he said he was a cust. and they sent him to court. The court date was on 9/11 in th emorning, so the judge dropped the charges and let him go. We have a paper that statees this. In 2002 my husband departed the US. In 2003 he re-entered the US in a car with a USC driving and they waived him though. He was never asked if he was a USC. Is he still eligible for the waiver (he is now in Mexico)
Laurel: Sounds like the kind of question you would find on a law school exam. I think there are some missing pieces to this puzzle. When they "let him go" did they parole him in and give him a court date that he failed to attend? Can he prove that when he re-entered it was with inspection? I think you need to run his fingerprints by the FBI.
Mendoza: Question from Auntlily: Do you forsee any changes in immigration (CIR) in the near future? What is your opinion on the chances?
Laurel: In the next 12 months, no. In the next 24 months, maybe. In the next 5 years, yes.
NicoleX08: My husband was removed on an expedited removal from the Cincinnati, OH office. He was getting gas at a gas station when a cop came up to him and told him to prove he was legal. They arrested him and held him for a Driving on an expired license. They then dropped the charge and sent him to ICE and they took him to Kentucky where he signed the expedited removal. Once he got to Mexico, he threw away all the paperwork. In the I-212 paperwork it says to provide all information regarding the case. How can I get this information? What else should I include with the I-212 packet? He EWI when he was 15 with his family and he has stayed at his jobs for years, only has one other charge of driving w/o a license.
Laurel: It can take over a year to get those records through a FOIA. Don't hold your case up for that. Just file the I-212 and I-601 with all the info you have, but be aware that the case MAY get referred so they can order the A file. It won't take them a year to get it.
Mendoza: Question from Milliesmom: A family from Mexico applied for amnesty back in 1991. They were denied and appealed and appealed and finally had VD on 8/11/07. In Dec 2007, they had an interivew in Juarez and the 21 year old son was approved. He is now an LPR, is htere anything he can do for his family once the son is a USC?
Laurel: No
foxlake: Laurel,
Laurel: Foxlake
Lynette: My best friend has been a permanent resident since she was a kid. She applied for citizenship over a decade ago but never did the test. Now they say they cannot find her in the system when she went to the Dallas USCIS office to renew her greencard cuz it had expired. I told her it could have been a clerical error. I'm trying to lead her the right direction on what to do next. Her greencard expired and they're giving her a hard time because they cannot find her in the system, but at the same time, she wants to be a USC finally and finish what she started. What should she do? Who should she call?
Laurel: Hire an attorney. Is she SURE her greencard is real. She was a kid when she got it. Lots of families keep immigration secrets from their kids.
Genesis: The lawyer that did our I-130 wrote my maiden name as my middle name but on my ss card and DL my name is just married name and first name (no middle name) We just got our first notice from immigration, can that cause any problems?
Laurel: As long as you're putting the other names where the forms ask for "other names" you're fine.
Mendoza: Question from Lilly251: My husband from Nicaragua EWI in 11/2005. He was caught and fingerprinted, but he gave them a fake name and they released him into Mexico. He EWI the next and made it. Can we file the I-130 now or should we wait for CIR. What are his chances in Nicaragua with an I-601?
Laurel: FBI fingerprint check. Yea, go ahead and file I-130, you can always back out. Central America has a reputation for moderate lenience on the I-601.
cm21om25: Laurel, when submitting the HSL, on the supporting docs, having the police records of my HSL, can that get ICE to deport him?
Laurel: I'm confused by the question. Is this an in-country waiver? "[H]aving the police records of my HSL"? I don't understand what that means.
Mendoza: Question from SadAnita: My hubby is now in Mexico sice he was deported at our AOS interview. He had a final deportation order from 1993 when he was 18, they claimed he never showed though hubby was told to leave when he went because the file was lcosed. Anyways, he has an approved I-130 since 2001. He knows he will have to file 2 waivers, but he has a DWI from 1995 which he paid off.
Laurel: And the question is?
Mendoza: Sorry, will the DWI affect his chances of approval and does itneed to be mentioned inthe HSL?
Laurel: A single DWI from 1995 is probably not a big deal, but I would talk about it in the brief and include documentation on it in the waiver packet.
Laurel: Pet peeve: HSL is not equal to Waiver Packet.
Genesis: I tried registering on line with the noa1 but it says it cannot be found, do I have to wait a while before I register or can something be wrong
Laurel: Depends on what three letters it starts with. No all receipt numbers are in the system.
cm21om25: Is this your mailing address: The Law Office of Laurel Scott
11200 Westheimer, Suite 900
Houston, TX 77042
Laurel: Yes, its on my website
Laurel: Lots and lots and lots of questions today. You guys are making up for last week.
Mendoza: From Tasksgirl: Laurel, what is going on with th eI-129F when filed in conjuction with the I-130? It appears all I129F's sent in after the fee increase (when I-129f became free) are being ignored/ case closed!
Laurel: We've been discussing this on the AILA forum. We haven't come to a final agreement on what's happening, let alone what should be done. I think its illegal for them to ignore it. The K3 and the IV have different rules.
sinfronteras: Hi everybody Hi Lauren I finally made it to the chat. Here my question. whta are the possibilities of my husband to get allowed in the usa. here his case My husband had 3 ewi attemps the first they caught him & took pics fingerprints and throw him back. the 3rd he finally made it. this was 2001. when working on a prostitution place in nyc they arrested him. he said he was a customer. court day was 911 so judge dropped charges and we have a paper tt say case was dissmissed. he left to mx. 2002 was out for 8 month. and re-enter in the car with a usc driving they never ask him if he was ausc or not just let him in. now while in matamoros he went to the border to check his fingerprints and they told him he was caught one time. we met 4/04 married09/05 he left to mx. again 08/07 to see his son.
Laurel: What's my name?
Mendoza: Question from Klaudialaw: What is the best thing to do after an in-country waiver denial relating to AOS (waiver for fruad/misrep)
Laurel: Depends on why it was denied, but often the best thing is an immediate refile of I-485, I-601 and I-765.
dduran: Hello Laurel, If NVC said they sent back the I 130 Approval to CIS. Would you know what form to file or simply send a letter requesting them to start process on the approved I 130?
Laurel: You need to find out why it was sent back. Consulate can do this, too. It was not necessarily sent back in error. If the I-130 has been sent back for readjudication and you can confirm that it is being readjudicated, you need to file an I-129F ASAP because your I-130 case has officially entered the vortex where time has no meaning.
cm21om25: Is someone was trying to legalize, they had criminal convictions, but the person paid the lawyer to clear them, do they still have to submit the records when applying for a visa?
Laurel: Yes
reyesbnj: under assets does a home count?
Laurel: Equity in the home counts.
foxlake: My brother came to te US on a B1/B2 visa. My parents met a nice USC lady that wanted to help them and offedred to become my brother's legal guardian. My brother got a SS# only and He used to go to school in El paso during the week and on weekends he would go to Juarez. In one of his attemps to cross the border using his passport, the officer asked him the porpose of his visit to the US. My brother being a minor an inocent told him that he was going to school. The officer told him he was missusing the visitor's visa and that he was going to get his passport canceled. The officer told him he was going to let him in the USA but that was going to be his last time. My brother now is married to a USC. He applied for his permanent residency but got denied because he didn't submit enough proof that he enter the US legally. My brother didn't submit copy of his pasport because he is afraid that his cancel visa is not enough proof. Hi has 30 day to submit evidence or he will have to leave the country. Any suggestion about this?
Laurel: You mean his expired visa? His expired visa (that was never cancelled by a border officer) is excellent proof that he entered lawfully.
Lynette: LOL...she's gotten it renewed in the past with no problem. This time they're giving her issues.
Laurel: Do a FOIA.
NicoleX08: Thank you so much for the input Laurel, I hope you have a great day!
Laurel: I hope I do, too.
reyesbnj: However, simply change in employment wouldn't necessarily? I'd need to have a job in the wings before I actually left? Thanks for your help.
Laurel: Right
ed: any news if the visa waiver pilot in Juarez will be expanded to other central/south American areas?
Laurel: no news
Loyal01: Laurel, thank you for taking time to answer our Q’s.
Can an LPR renew g. card with 1 misd. conviction for Misprision of a felony (it's actually a misdemeanor)? It carries a sentence of more than 1 year (but it’s a misdemeanor). Sentence was suspended, given probat.(more than 1 year sentence). All served w/ no problems.
But for immigration purposes, is this considered a felony or a CIMT? I found a case that ruled Misprision of a Felony at least is NOT an AGG. felony, This person served 1 year and 1 month. I’m thinking anything over 1 year Immig. considers it a felony or am I wrong? Don't know if that makes a difference. The case I’m referring to is the (Espinosa-Gonzalez case) See link. http://www.aila.org/content/default.aspx?bc=15990
Also, have 2 other misdems. that were expunged; these are for writing bad checks on my own chkg. acct. (insufficient funds +- $500.00 paid it off in court. Expunged). I know expung. still counts against me for immigration purposes. All of these offenses happened almost 15 years ago. Does that help my case? Not even a traffic ticket since.
I would like to apply for citizenship or renew card if possible. Is this too risky? Do I qualify for any waivers? Now wiser and married to a wonderful USC. Have USC children too.
Do you take these type of cases? If not, who do you recommend?
Thanks
Laurel: I think you should be able to naturalize, but I'd hand this case over to my associate Veronica who has more experience with issues related to deportation. I'm more an inadmissibility kind of girl.
Laurel: I know you're not in deportation proceedings, but we'd have to determine that filing an N-400 wouldn't land you in deportation proceedings before we went forward with the case.
angela256z: If my hubby is approved on a K3 and we bring his two kids on K4. When we file AOS for hubby I must be able to show support for 125% over income poverty level for 4 right?? (kids are 8 and 10)
Laurel: Yes. But after he enters on K3 and gets an EAD, then after he's been living with you at least six months, you can use his income to qualify.
simple: Her is my situataion, I came to US in Aug 2000, got in trouble in Sep 2002, CIMT (receept) of stolen property $1800, three years probation, no jail time, no suspended jail time \. I kept my school, paid taxes, and I am still in status. I went to INS for special registration and when I was asked about CIMT, I told the officer truth, she let me go. I am married to USS almost 2.5 years. I need extreme hard ship waiver. What are my chances to get it approved. If I leave US then we have to go back to Pakistan. Situation in Pakistan is nt stable and USC are always at risk.
Laurel: It depends on your local office, but you can probably get this one waived. I do prefer to see at least eight to ten years since the last arrest, but its a single conviction for a nonviolent, relatively minor offense and no other arrests.
Laurel: Its just about noon, so I'm about to sign off. There were tons of questions today. I wasn't able to get to them all.
Laurel: I wanted to leave a minute at the end so I could urge everyone to talk to all your Latino family, friends and neighbors and talk them into voting for Obama (those who can vote, of course).
Laurel: Right now Latinos are mysteriously supporting Clinton. Attorneys on the AILA forum were discussing how we are stunned by this.
Laurel: Obama is much more pro-immigrant than Clinton.
Laurel: I do realize that most Latinos in the US are not immigrants, but of the various communities within the US, the Latino community (granted, "Latino community" is ill-defined) has the most connections to the population of both legal and non-legal immigrants.
Laurel: Obama. Obama. Obama.
Laurel: 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.
Laurel: Please do not type in all capital letters. That makes it hard to read
NicoleX08: Hi Laurel, I had a few questions that I needed to ask. 1. What specific items do I need to provide with the I-212 and I-601? Is my husband allowed to turn them both in at the same time for his waiver appt. in CDJ, Mexico? 2. For the affidavit of support, does the income reflect your gross earnings or the adjusted income from your tax return? 3. If I had to file bankruptcy because my husband left, will that effect my affidavit of support? Thank you in advance for your response!!!!
Laurel: 1. You need to provide those two forms, a G-325A for him, filing fee, and all your supporting documents to prove your hardship.
2. I usually use gross earnings and it hasn't been an issue.
3. They don't have a copy of your credit report, so it shouldn't.
Mendoza: Question from vivalrock: Should a pending DUI be mentioned in a HSL? Pending meaning he has not been convicted yet..
Laurel: I strongly recommend that you get it resolved before going down there. It could cause problems with the medical.
1234: hello mrs laurel i came to the us as a student but i never attended the college becoz my sponser let me down i got married to a us citizen i went for my interview 3 months ago and the immigration officer told me that i have to file for a waiver becoz i commited a fraud so should i file for a waiver even if we dont have any strong agruments for the hardship or try to prove to the immigration officer that i really came here to study and by the way i already paid the college 1 semester and i called the college many times asking them to give me more time so i can come up with some money but they refused they wanted me to be in the college at the exact time please help me mrs paula im really confused i have a very good job i pay alot of taxes i have a car payments and a car payments and my work permit will expire soon
Laurel: File the I-601 waiver packet at the same time you contest the finding. Provide lots of evidence that you attempted to attend school.
cm21om25: This is from New12: 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.
Laurel: Go to the IV interview with a copy of your 2007 tax return. Get a co-sponsor if you can. If things don't go well in regard to the income requirement, go forward with the K3 interview.
Laurel: And those recent paystubs. Not just the tax return.
cm21om25: This is from New12: 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?
Laurel: There should be one packet with both forms in it.
Sandra162: I know a Permanent Resident can not apply for citizenship until after five years, but can the permanent resident apply 90 prior to the five years being complete?
Laurel: Yes. And if you're married to a USC, its 3 years. Restrictions apply.
cm21om25: from New12: 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?
Laurel: Depends on the ground of inadmissibility. I normally only get into moral character if its a criminal ground of inadmissibility. I usually only have the applicant write a letter if there are some sort of extenuating circumstances or if there's something about the applicant's testimony that will shed light on the qualifying relative's hardship.
Laurel: Part of why I normally don't get a letter from the applicant is because its very hard to keep the letter from turning into an apology. I don't want an apology letter. That puts the focus on what the applicant has done wrong. I want to keep the focus on the qualifying relative's hardship.
amber: Tomorrow will be 4 weeks since our i-130 was approved. The NOA2 says it will be forward to NVC but NVC has not received it yet. I know they say it can take up to 90 days. The CSR at NVC said averavge 2 to 4 weeks. I'm worried that by mistake it was sent to our local office. Should I be worried yet? How long should I wait? Who should I call?
Laurel: NVC is not as on the ball as they used to be. Wait those 90 days before getting worried. They may already have it, but they haven't entered it into their computer system.
Sandra162: 90 days prior to the five years
Laurel: Yes.
Mendoza: Question from Mgarcia: My husband EWI in 2001 and was caught and released. We submitted the fingerprints to the FBI and the record came back clean. We have an approved I-130 that we recieved in 2005. My lawyer however filed an I-212 which was approved in Feb 2007 even though there was never a deportation. So even though an I-212 was filed, can we still go ahead with the interview abroad and file an I-601 for the unlawful presence? Can we simply file the I-864 to forward the file to NVC?
Laurel: If he was never deported, the I-212 was a big waste of time and money. And even if he needed one, it should've been filed with the I-601 at the consulate. Just forget about the I-212. If the I-130 hasn't been forwarded to the NVC yet, then yes you need to file an I-824.
WaitinginSD: I am processing the I-130 and I-129F for my husband. He currently lives in Tijuana. He was here illegally from 1994 to April 1998. We waited the 10 years because I had no idea the I-601 existed. He was never deported but left on his own. I filed the I-130 in 05 as a LPR (which hasn't been approved) but became a citizen on 9/07. I filed the I-129 on 10/03/07 and anticipate to get the approval and interview by May. Since the 10 years have comptely passed by that time, will I need to file the waiver or not?
Laurel: You will not need to file an I-601
angela256z: Laurel is it about time that I call USCIS yet on my pending I-130 (sent July 16 CSC) and I-129F (Sent Sept 2 CSC)? There are quite a few August I-130 filers that have been approved. Am I being impatient now?
Laurel: Check the case status online. It doesn't look like its taking too long.
Mendoza: Question from fancygirl: If you were deported back in 1996 (caught at the airport and sent out on the next plane) and then EWI in 1999 and then file the I-130, could this trigger INS to start deportation proceeding against you? Also, my lawyer did an FOIA and the results are in on a disc. MY lawyer says some parts of the text of the FOIA are blanked out. Do they usually do this? And if so, what does it mean?
Laurel: Oh, they black out parts of the FOIA all the time. That's normal. There are various things they are allowed to black out. For example, if they write on the file "hey, is this so-and-so, that drug kingping we're looking for?", they would black that out because they don't necessarily want so-and-so to know they are confused about his identity.
As for whether the I-130 would trigger deportation proceedings, for a simple EWI, I would normally say 'no', but for a prior deportee who returned EWI, actually it might. He's subject to 9C anyway, so I'm not sure you want to try.
pdgarcia: Hello Laurel, My brother-in-law was denied for not showing extreme hardship and she recieved the form I believe 290 to appeal, but my sister has requested a new interview with the consulate and they informed her it was taking about 4-6 months for a new interview, does she has to go ahead and fill that form and send it in so that they are aware she wants a second chance and withdraw it when she gets her new interview or you will say not to send it. Thank you!!
Laurel: You do not need to file an appeal in order to preserve an opportunity for a new consular interview. On the contrary, the appeal is likely to interfere with the subsequent refiling of the I-601. And BTW, an appeal is taking 18-20 months.
EmilyMartinez: Hi Laurel, I have a question regarding affidavtit of support. I'm astudent, and I get extra money left over from financial aid and loans. If I sponsor my husband can I use the exra money in that income bracket I need to make? It was given to me as "living expenses"
Laurel: If its money in the bank you can count it as an asset. Remember that for the spouse of the alien, the assets must equal at least 3 times the difference between required income and actual income. For non-spouses its 5 times.
ed: my question is general-has a class action lawsuit approach ever been tried to have the bar of what is considered extreme hardship lowered by providing proof of those denied waivers, and what happens afterwards (divorce, economic hardship, impacts on children, state benefits impacts, etc.). Wouldn't it be great if the seperation alone is considered extreme hardship.
Laurel: No, no such suit has been tried and actually I'm not sure what your legal theory is for the suit.
WaitinginSD: My friend just became a US citizen and now wants to legalize her son who is 12 years old. He was born in Mexico when she was young. She is now married with another baby. She initially had her son stay with her aunt in Mexico, who is a legal resident. Her aunt came back and just brought the son. She crossed him and was not asked anything about him. My friend has had him living with her for 3 years now. Can she just submit an I-130 and take him to Juarez for the interview? I know illegal presence does not count for kids under 18 and I guess he entered EWI without claiming to be a citizen. Her big concern is getting her aunt in trouble.
Laurel: They are going to wonder how the kid came over and indeed there's potential for the aunt to get in trouble. Smuggling in an alien is a permanent ground of inadmissibility with no waiver. Exceptions to that ground of inadmissibility include the smuggling of an immediate relative, but a nephew is not an immediate relative. That issue aside, yea, she just files the I-130 and the kid won't need a waiver.
reyesbnj: hello, i'm new to the chat. we recently recieved what i guess is the notice of action or letter confirming receipt of the I-130. it said they recieved it on december 13th. 1) i'm wondering if i could get a rough idea of when we might expect to recieve notice to file additional documentation and when he might recieve notice for his appt. in juarez? 2) i'm currently employed. however really miserable. ideally, like to quit this job and maybe be without a job while i look for something better. if i did this would it affect the affidavit of support? would the gaps in employment hinder our chances?
Laurel: It may be six months or so before there is further action on the case. It could be 9-12 months before the interview in CDJ. Yes, gaps in your employment could affect whether you meet the income requirement.
Mendoza: Question from sinfronteras: My husband EWI in July 2001. He was caught and released 2 times and then on the thrid time he was caught, but they let him go due to it being father's day. SO my husband flew to NYC and started working as a cleaning security person on a "Prostitution place". Well, they arrested him in there one day and he said he was a cust. and they sent him to court. The court date was on 9/11 in th emorning, so the judge dropped the charges and let him go. We have a paper that statees this. In 2002 my husband departed the US. In 2003 he re-entered the US in a car with a USC driving and they waived him though. He was never asked if he was a USC. Is he still eligible for the waiver (he is now in Mexico)
Laurel: Sounds like the kind of question you would find on a law school exam. I think there are some missing pieces to this puzzle. When they "let him go" did they parole him in and give him a court date that he failed to attend? Can he prove that when he re-entered it was with inspection? I think you need to run his fingerprints by the FBI.
Mendoza: Question from Auntlily: Do you forsee any changes in immigration (CIR) in the near future? What is your opinion on the chances?
Laurel: In the next 12 months, no. In the next 24 months, maybe. In the next 5 years, yes.
NicoleX08: My husband was removed on an expedited removal from the Cincinnati, OH office. He was getting gas at a gas station when a cop came up to him and told him to prove he was legal. They arrested him and held him for a Driving on an expired license. They then dropped the charge and sent him to ICE and they took him to Kentucky where he signed the expedited removal. Once he got to Mexico, he threw away all the paperwork. In the I-212 paperwork it says to provide all information regarding the case. How can I get this information? What else should I include with the I-212 packet? He EWI when he was 15 with his family and he has stayed at his jobs for years, only has one other charge of driving w/o a license.
Laurel: It can take over a year to get those records through a FOIA. Don't hold your case up for that. Just file the I-212 and I-601 with all the info you have, but be aware that the case MAY get referred so they can order the A file. It won't take them a year to get it.
Mendoza: Question from Milliesmom: A family from Mexico applied for amnesty back in 1991. They were denied and appealed and appealed and finally had VD on 8/11/07. In Dec 2007, they had an interivew in Juarez and the 21 year old son was approved. He is now an LPR, is htere anything he can do for his family once the son is a USC?
Laurel: No
foxlake: Laurel,
Laurel: Foxlake
Lynette: My best friend has been a permanent resident since she was a kid. She applied for citizenship over a decade ago but never did the test. Now they say they cannot find her in the system when she went to the Dallas USCIS office to renew her greencard cuz it had expired. I told her it could have been a clerical error. I'm trying to lead her the right direction on what to do next. Her greencard expired and they're giving her a hard time because they cannot find her in the system, but at the same time, she wants to be a USC finally and finish what she started. What should she do? Who should she call?
Laurel: Hire an attorney. Is she SURE her greencard is real. She was a kid when she got it. Lots of families keep immigration secrets from their kids.
Genesis: The lawyer that did our I-130 wrote my maiden name as my middle name but on my ss card and DL my name is just married name and first name (no middle name) We just got our first notice from immigration, can that cause any problems?
Laurel: As long as you're putting the other names where the forms ask for "other names" you're fine.
Mendoza: Question from Lilly251: My husband from Nicaragua EWI in 11/2005. He was caught and fingerprinted, but he gave them a fake name and they released him into Mexico. He EWI the next and made it. Can we file the I-130 now or should we wait for CIR. What are his chances in Nicaragua with an I-601?
Laurel: FBI fingerprint check. Yea, go ahead and file I-130, you can always back out. Central America has a reputation for moderate lenience on the I-601.
cm21om25: Laurel, when submitting the HSL, on the supporting docs, having the police records of my HSL, can that get ICE to deport him?
Laurel: I'm confused by the question. Is this an in-country waiver? "[H]aving the police records of my HSL"? I don't understand what that means.
Mendoza: Question from SadAnita: My hubby is now in Mexico sice he was deported at our AOS interview. He had a final deportation order from 1993 when he was 18, they claimed he never showed though hubby was told to leave when he went because the file was lcosed. Anyways, he has an approved I-130 since 2001. He knows he will have to file 2 waivers, but he has a DWI from 1995 which he paid off.
Laurel: And the question is?
Mendoza: Sorry, will the DWI affect his chances of approval and does itneed to be mentioned inthe HSL?
Laurel: A single DWI from 1995 is probably not a big deal, but I would talk about it in the brief and include documentation on it in the waiver packet.
Laurel: Pet peeve: HSL is not equal to Waiver Packet.
Genesis: I tried registering on line with the noa1 but it says it cannot be found, do I have to wait a while before I register or can something be wrong
Laurel: Depends on what three letters it starts with. No all receipt numbers are in the system.
cm21om25: Is this your mailing address: The Law Office of Laurel Scott
11200 Westheimer, Suite 900
Houston, TX 77042
Laurel: Yes, its on my website
Laurel: Lots and lots and lots of questions today. You guys are making up for last week.
Mendoza: From Tasksgirl: Laurel, what is going on with th eI-129F when filed in conjuction with the I-130? It appears all I129F's sent in after the fee increase (when I-129f became free) are being ignored/ case closed!
Laurel: We've been discussing this on the AILA forum. We haven't come to a final agreement on what's happening, let alone what should be done. I think its illegal for them to ignore it. The K3 and the IV have different rules.
sinfronteras: Hi everybody Hi Lauren I finally made it to the chat. Here my question. whta are the possibilities of my husband to get allowed in the usa. here his case My husband had 3 ewi attemps the first they caught him & took pics fingerprints and throw him back. the 3rd he finally made it. this was 2001. when working on a prostitution place in nyc they arrested him. he said he was a customer. court day was 911 so judge dropped charges and we have a paper tt say case was dissmissed. he left to mx. 2002 was out for 8 month. and re-enter in the car with a usc driving they never ask him if he was ausc or not just let him in. now while in matamoros he went to the border to check his fingerprints and they told him he was caught one time. we met 4/04 married09/05 he left to mx. again 08/07 to see his son.
Laurel: What's my name?
Mendoza: Question from Klaudialaw: What is the best thing to do after an in-country waiver denial relating to AOS (waiver for fruad/misrep)
Laurel: Depends on why it was denied, but often the best thing is an immediate refile of I-485, I-601 and I-765.
dduran: Hello Laurel, If NVC said they sent back the I 130 Approval to CIS. Would you know what form to file or simply send a letter requesting them to start process on the approved I 130?
Laurel: You need to find out why it was sent back. Consulate can do this, too. It was not necessarily sent back in error. If the I-130 has been sent back for readjudication and you can confirm that it is being readjudicated, you need to file an I-129F ASAP because your I-130 case has officially entered the vortex where time has no meaning.
cm21om25: Is someone was trying to legalize, they had criminal convictions, but the person paid the lawyer to clear them, do they still have to submit the records when applying for a visa?
Laurel: Yes
reyesbnj: under assets does a home count?
Laurel: Equity in the home counts.
foxlake: My brother came to te US on a B1/B2 visa. My parents met a nice USC lady that wanted to help them and offedred to become my brother's legal guardian. My brother got a SS# only and He used to go to school in El paso during the week and on weekends he would go to Juarez. In one of his attemps to cross the border using his passport, the officer asked him the porpose of his visit to the US. My brother being a minor an inocent told him that he was going to school. The officer told him he was missusing the visitor's visa and that he was going to get his passport canceled. The officer told him he was going to let him in the USA but that was going to be his last time. My brother now is married to a USC. He applied for his permanent residency but got denied because he didn't submit enough proof that he enter the US legally. My brother didn't submit copy of his pasport because he is afraid that his cancel visa is not enough proof. Hi has 30 day to submit evidence or he will have to leave the country. Any suggestion about this?
Laurel: You mean his expired visa? His expired visa (that was never cancelled by a border officer) is excellent proof that he entered lawfully.
Lynette: LOL...she's gotten it renewed in the past with no problem. This time they're giving her issues.
Laurel: Do a FOIA.
NicoleX08: Thank you so much for the input Laurel, I hope you have a great day!
Laurel: I hope I do, too.
reyesbnj: However, simply change in employment wouldn't necessarily? I'd need to have a job in the wings before I actually left? Thanks for your help.
Laurel: Right
ed: any news if the visa waiver pilot in Juarez will be expanded to other central/south American areas?
Laurel: no news
Loyal01: Laurel, thank you for taking time to answer our Q’s.
Can an LPR renew g. card with 1 misd. conviction for Misprision of a felony (it's actually a misdemeanor)? It carries a sentence of more than 1 year (but it’s a misdemeanor). Sentence was suspended, given probat.(more than 1 year sentence). All served w/ no problems.
But for immigration purposes, is this considered a felony or a CIMT? I found a case that ruled Misprision of a Felony at least is NOT an AGG. felony, This person served 1 year and 1 month. I’m thinking anything over 1 year Immig. considers it a felony or am I wrong? Don't know if that makes a difference. The case I’m referring to is the (Espinosa-Gonzalez case) See link. http://www.aila.org/content/default.aspx?bc=15990
Also, have 2 other misdems. that were expunged; these are for writing bad checks on my own chkg. acct. (insufficient funds +- $500.00 paid it off in court. Expunged). I know expung. still counts against me for immigration purposes. All of these offenses happened almost 15 years ago. Does that help my case? Not even a traffic ticket since.
I would like to apply for citizenship or renew card if possible. Is this too risky? Do I qualify for any waivers? Now wiser and married to a wonderful USC. Have USC children too.
Do you take these type of cases? If not, who do you recommend?
Thanks
Laurel: I think you should be able to naturalize, but I'd hand this case over to my associate Veronica who has more experience with issues related to deportation. I'm more an inadmissibility kind of girl.
Laurel: I know you're not in deportation proceedings, but we'd have to determine that filing an N-400 wouldn't land you in deportation proceedings before we went forward with the case.
angela256z: If my hubby is approved on a K3 and we bring his two kids on K4. When we file AOS for hubby I must be able to show support for 125% over income poverty level for 4 right?? (kids are 8 and 10)
Laurel: Yes. But after he enters on K3 and gets an EAD, then after he's been living with you at least six months, you can use his income to qualify.
simple: Her is my situataion, I came to US in Aug 2000, got in trouble in Sep 2002, CIMT (receept) of stolen property $1800, three years probation, no jail time, no suspended jail time \. I kept my school, paid taxes, and I am still in status. I went to INS for special registration and when I was asked about CIMT, I told the officer truth, she let me go. I am married to USS almost 2.5 years. I need extreme hard ship waiver. What are my chances to get it approved. If I leave US then we have to go back to Pakistan. Situation in Pakistan is nt stable and USC are always at risk.
Laurel: It depends on your local office, but you can probably get this one waived. I do prefer to see at least eight to ten years since the last arrest, but its a single conviction for a nonviolent, relatively minor offense and no other arrests.
Laurel: Its just about noon, so I'm about to sign off. There were tons of questions today. I wasn't able to get to them all.
Laurel: I wanted to leave a minute at the end so I could urge everyone to talk to all your Latino family, friends and neighbors and talk them into voting for Obama (those who can vote, of course).
Laurel: Right now Latinos are mysteriously supporting Clinton. Attorneys on the AILA forum were discussing how we are stunned by this.
Laurel: Obama is much more pro-immigrant than Clinton.
Laurel: I do realize that most Latinos in the US are not immigrants, but of the various communities within the US, the Latino community (granted, "Latino community" is ill-defined) has the most connections to the population of both legal and non-legal immigrants.
Laurel: Obama. Obama. Obama.
Laurel: See you all next week.