angela256z
02-13-2008, 06:03 PM
Laurel: Hang on one minute
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: I'd like to make a few statements at the beginning of the chat before we get started. First, I applaud the decision made by the administrators of the Immigrate2us.net forum to begin steps toward becoming an official non-profit.
Laurel: And second, I want to urge everyone attending my chat to vote for Barack Obama and to participate in the campaign. I think that getting him elected will be a very important first step toward the reform we so badly need.
Laurel: I think the most significant thing about getting Obama elected is his relationship with the Press and the public. If he pushes reform, I think the Press and the public will listen. And those are the minds we need to change first, before we can see Congress passing some meaningful reform.
Laurel: Please go to BarackObama.com to see how you can get involved.
evevelyn4: good morning, Ms. Scott
Laurel: Please call me Laurel
evevelyn4: I'm from Nashville, TN, and I'm the beneficiary. I'm about to send the fee for the Visa Application. My question is: Does my husband (the petitioner) need to go to the intervoew with me?
Laurel: Does he need to go to the interview abroad? Usually no. Many consulates, most notably Ciudad Juarez, will not even allow the petitioner in the building. But if its a consulate where the petitioner is allowed into the interview, it might be helpful to have him there, but not required.
confused: Hi
Thank you for taking your time to do this. I do appreciate your effort and goodwill.
Unfortunately I was not able to submit my questions last week due to the long line.
I would appreciate if you share your expertise with me on few things that has occupied my mind for along time.
Q1: My parents who are US citizens filed a I130 October 18, 2006. According to California processing center they are processing cases from January 17 2003.
How long do you think it takes for an interview
Q2. I used to be an F1 visa student in the states with a social security number and I was arrested during that time but no charges were files since I was in the wrong place in the wrong time. However I changed my name prior to filing the I130. Will the officer be aware of my past and will that effect my case?
At last Iam planning to visit my parent, is it ok to travel to US on visa waiver while having I130?
Thank you so much
Laurel: Visa wait times are posted on the Department of State Visa Bulletin. They will know about your prior arrests because your fingerprints will be taken at the consular interview. You are not barred from entering on Visa Waiver, but there is a chance that you will be turned away as being suspected of having immigrant intent if you have a pending I-130
Dulce: I would like to know what would happend if you dont attended your ciudad juarez appointment?
Laurel: A year after your appointment was to take place they will send your case back to the archives. But if you simply miss the interview and still want to have a new one, just notify the consulate that you'd like to reschedule. CDJ is asking people to just wait until they've already missed the consular interview before requesting a new one. Weird, but true. If you are going to miss your waiver appointment, please call in advance to reschedule so they can give your slot to someone else.
gilleanna: I want to file the I-130. My husband EWI in 2005 and then was picked up and given a court date. He missed this date, and the judge ordered a formal order of removal. Two years later he was picked up and put in detention, waiting only for his flight to nicaragua. While he was in detention we were married. Now I see on the I-130 form it says waiting if you were married. I have asked uscis customer service and the embassy in Nicaragua, both giving different answers.....can I file now?
Laurel: I don't think I understand the question. If you're married you can file the I-130. I would also file an I-129F in a situation like this where you married after the alien was placed in proceedings because the I-130 may get more scrutiny, which means delays.
Mendoza: Question for coquetamx: My husband has 2 driving without a license tickets. He was given the 2nd ticket because he was in a car accident- he was hit- was found not at fault. Theought he did not have a license he was given a ticket. Both tickets were taken care of and paid. When he goes to his medical and immigration interview, how should he answer when asked if he had any problems with the police, should he mention the accident? Thanks
Laurel: He should be forthright about it and bring all appropriate records. But don't stress too much as I don't expect it to be a problem.
angela256z: My friend and her husband submitted a I-130 and are waiting for an interview. He cheated on her a while ago and (after the I-130 was submitted) turns out the girl got pregnant. Now he has a child by another woman, but they are trying to work it out. They have been together 7 years and married about 2. Will this hurt their case? Should they start to claim the child on future forms? He is listed on the birth certificate.
Laurel: They need to reveal the fact that there is this child. He will have some hurdles in proving that his current marriage is still intact.
JessyRafa: Good morning, Laurel. My husband is going back to Mexico to avoid being here for over 365 days of illegal presence (it will be one year on February 25th, he is leaving on the 22nd). What evidence, if any, will be needed of his crossing into mexico when we go to the appointment in CDJ?
Laurel: He should open a bank account in Mexico as soon as he arrives and keep any and all records regarding the date he opened it.
gilleanna: service, sorry, not exactly sure what I am doing, I also wanted to know if I could file the I-130 if I do not have a job, yet.
Laurel: Yes. Proving income won't happen for many months.
evevelyn4: Accordingly to your experience as an Attorney. Do you think I have a good chance to get the Visa the same day o week of my app. I don't have any bad records whatsoever (thank God). Thomas (my husband) and I have a precious little girl (1 year old). We take care of his grandma that has Altz-Heimer, and He is running his own bussiness. We are currently, working on the hardship letter.
Laurel: The facts of your case are strong. But remember that good facts are not enough. You need to prove the statement you are making. And remember that its not enough to show you have a sick relative. You have to prove that you take care of that relative and that there's no one else who can do it.
Mendoza: Question for Mrs Jacobo: My biggest hardship would be moving to CDJ and not having family over there to get us on our feet. We laready asked for letter from our family here in the US, since I don't have family there either. Would being brought to the US at age 3 and never leaving the country give me an approval as well as not having family in Mexico for me husband or self? We also have a 2 year child. Thanks
Laurel: Being brought as a young child is a huge, huge, huge mitigating factor that will effectively lower the amount of hardship you need to show to get the waiver approved. But it, by itself, is still not enough. You still have to make an argument for extreme hardship. You gotta give them something to approve it on.
all2009: hi laurel i was charged with entry fraud in my wife hardship letter i included an apology letter , it was a good idea?
Laurel: It is extremely rare that I ask my client to include anything resembling an "apology letter" for a case that does not involve criminal history. You want the focus of the waiver packet to be on the extreme hardship of the qualifying relative. You do not want the focus to be on what the alien has done wrong. If there were extraordinary extenuating circumstances regarding the transgression of the law, then I have the alien write something about those circumstances.
Flor: Hi Laurel! From 0 to 10, how handsome you think Barack Obama is?
Laurel: He's like a 9, man. But he's very married.
Mendoza: Question for EmilyMartinez: I do not have a paypal account and I do not see a reason to open one. So is it possible for me to have my sister use hers and pay under her name for a conference with you?
Laurel: Sure.
eva_reyes: hello Laurel My husband is a US Army soldier and he is trying to fix my papers But he will be getting deployed in November An we are wondering if he can give me a POA to sign any papers that need to be signed by him
Laurel: They will expedite nearly all aspects of a case if the petitioner is active military about to be deployed abroad, especially if he/she is being deployed to a combat zone. If he's leaving in November and you get started right away, you might be able to do the whole case from start to finish before he goes.
confused: sorry but my question is will the arrest( no charges were files) effect my case?
Laurel: Any arrest affects your case in that you must disclose the arrest, provide official documents about it and discuss it. But it will not make you inadmissible UNLESS YOU LIE ABOUT IT OR FAIL TO REVEAL IT.
gilleanna: I was married when he was in detention,
gilleanna: but there were no proceedings
Laurel: If he was in detention then there were "proceedings".
monique: Hi Laurel, My fiance was deported back to Italy when we got off of a cruise ship. He had a B-1 B-2 visa, he had been coming here for almost two years and returning to Italy every 6 months for a few weeks, because that is how long his visa had been stamped each time.He lived with me while he was here. they didnt like his "pattern of travel". They charged him with (7)(A)(i)(I) and added "and/or you have been in the U.S. longer than two years working and living illegally" He never overstayed his allowed 6 months. I am filing the I-129F and the I-212. I have been told many things about when and where to file the I-212. Can I file both at the same time to VT?
Laurel: I-212 for a fiance(e) visa applicant is supposed to be filed at the consulate. I think there's a grey area regarding whether you have the option of filing the I-212 in the US prior to becoming a "visa applicant" on the day of the K1 interview, but recent experience has convinced me that its best just to wait for the K1 interview and file at the consulate.
nohomeyet: Hi Laurel. Just 1 question. I have been here in the US since 1984 on a B1 visa and overstayed. My mother filed a petition for me in 1993 and my priority date is now current. I will adjust status under 245i. I understand that unauthorized employment is forgiven if adjusting status thru marriage. Does it also hold true if I'm adjusting thru USC parent? I have a valid SS with no restrictions and I never had to fill up I-9 since I have been employed with the same company for over 22 years. Will I encounter any difficulties adjusting?
Laurel: Its "forgiven" if adjusting through 245i.
Mendoza: Another question for EmilyMartinez: Reguarding teh I-864, my step-dad will be my co-sponsor. This year he did not make the income due to loss of employment, but he has since regained employment. If I need to provide an I-864 before the new tax season, can he use his last 3 taxes along with a letter from teh employer to prove he meets the reuirements? Also, does household size count for those living in the house who you are not financially responsible for (in this case my grandparent live with them, but they support themselves finacially and is separte from my parents) Thanks!
Laurel: You can try using the current paystubs, etc. for your step-dad, but it will be better to simply get a new co-sponsor if you can. There was a somewhat recent memo clarifying a lot of things for the I-864. I'd have to review the "new" (over a year old now) rules for household size, but I think you don't have to include the grandparents.
gilleanna: why would the I-130 get more scrutiny, should I get a job before I file any of the paperwork?
Laurel: Because by law a marriage entered into after the alien is placed in proceedings is presumed to be fraudulent and the presumption of fraud must be overcome.
gilleanna: can I file the I-130 at the same time as the I-129f, or do I need to wait for receipt of the I-130 first.
Laurel: Since they changed the rule on where to file the I-129F, I've started filing them together.
CCP: My husband is here on a K-3 visa and has recently received his EAD and applied for his SS#. They said he should receive it with 2 weeks. Is it okay for him to start work and tell the employer he has applied for SS and give them the number when he gets it. We have the EAD card in hand.
Laurel: Yes. The IRS has a publication on this stating that as long as the alien has been permitted by CIS to work and the alien has applied for a social, the employer can write "applied for" on any relevant employer paperwork asking for a social.
angela256z: What kind of proof of a an intact marriage should she have? Pictures? I mean before this she already had joint accounts and stuff. I am not sure what she will need to prove an intact marriage. They are planning on moving to another city and getting joint custody of the child, but they were going to wait until after the interview to get joint custody.
Laurel: I think they need to talk about the infidelity and the reconciliation.
everbody: i was reading some old chats on warren, and the pilot program first he says no criminal background and then one time he quoated it depends on what it is . iam wonder what he means. if you could i would like your opionion
Laurel: The example is the single shoplifting conviction. Your case won't necessarily get referred if you have a single shoplifting conviction from 10 years ago. But a whole lot of criminal history will get your case referred no matter how much rehabiltiation evidence you provide.
eva_reyes: Can I use a Power of atorney to star my imigration papers when my husband get deployed to iraq
Laurel: I think they would have a problem with the beneficiary signing the petition. Maybe someone else can get the Power of Attorney. Perhaps a close relative of HIS, not yours. But as I said above ... try to get everything done before he goes. They will expedite for someone about to be deployed to a combat zone.
everbody: hello what to do you think of hake scoring sytem
Laurel: Mr. Hake and I do not get along. I have heard of his scoring system, but I have not reviewed it.
everbody: how much weight do letters from relatives have, explaining the hardships
Laurel: It depends on what the letters say and how much description they have. Sometimes relatives are the best ones to get letters from since they know the most about the situation. Other times you want to be sure to get letters from disintered parties. I guess in short, letters from relatives are best for providing details of factual information and letters from disinterested parties are best for getting an unbiased opinion or verifying racts.
Genesis: Any news of the pilot program implemented in other countries aside of Mexico?
Laurel: no news
gilleanna: On the I-130 it says a person cannot file for two years if there were proceedings...
Laurel: I think you're mis-reading it. What paragraph are you looking at?
cm21om25: Laurel, Is having Obsessive Compulsive Disorder worth mentioning in the HSL and is it worth getting diagnosed for, for the HSL? How about Anxiety? I have both but none have been diagnosed, as the OCD is constant and the anxiety, I had a few attacks recently involving stuttering and hyperventilating. With the OCD, I have had almost my entire life just never diagnosed; my family and friends are all eye witnesses. The anxiety attacks; my hubby heard on the phone and my Grandmother eye- witness.
Laurel: As with all medical and psychiatric conditions, it depends on the severity.
Laurel: And it depends on what impact your spouse's absence or, conversely, his presence has on your condition.
cm21om25: This is from New12: Hi! We are turning in a 601 and 212. Should we turn in one brief that addresses both waivers? We are to turn in the removal papers he was given when he was deported? He was given removal orders from US at border, turned around and deported from Canada. Only turn in the 2 pages from US?
Laurel: One brief and one set of supporting documents, yes. Provide the removal documents at the consular interview, but unless there is something worth mentioning in them, I don't think you normally need to include them with the waiver packet.
cm21om25: From New12: I have a question about the order for our packet... Brief, G28, 601, 212, hardship letter and evidence? Am I missing anything? Thanks so much. We leave in a week...
Laurel: Depending on the consulate, you may also need a G-325A and some consulates require a battery of documents normally only requested at the consular interview.
cm21om25: from New12: My accountant just did my taxes for 07 and emailed me my tax return via email and therefore does not have his signature on it. Should I have him sign a copy, scan and email that to me? Will CDJ accept it without signature since it's merely been prepared not submitted yet?
Laurel: They'll accept it the way it is. I've never heard of them asking whether you've submitted it or not when the deadline for the tax year has not yet arrived.
simple: what are the chances of getting i601 approval for single CIMT (single non violent with no other arrests) in US (HOUTON)
Laurel: It depends a lot on the officer reviewing the case. But I'm concerned about your deportability factor. I'm an expert on inadmissibility, but not as much on deportability. The rules are slightly different.
gilleanna: When he was in detention, he had no court date, just the ICE officer said he had to wait for his paperwork to go to DC so he could get his plane ticket to Nicaragua....
Laurel: Didn't you say earlier that he missed his court date?
evevelyn4: Laurel, I'm a little bit confused. Are they supposed to interview both of us (husband and me) at some point?, because we haven't been in such interview and we are about to send the Visa Application fee.
Laurel: For an immigrant visa abroad the petitioner is usually not interviewed, no.
monique: If he was staying with me for the 1 1/2 years, 6 month intervals does he list that as his last residence on the G325? what about last job if it was not legal here?
Laurel: I'm going to answer your question with a question: did he ever work within 60 days of entering on a visitor's visa?
nohomeyet: Follow up on my question. Am I supposed to wait for a letter from NVC or should I just file I-485, etc. I have an approved I-130 from 1993.
Laurel: If you're adjusting through 245i, the case will not go through the NVC. Just wait for your date to be current on the visa bulletin and use your I-130 to adjust status. Include a copy of the visa bulletin page to show that you're current.
Laurel: Hang on.
gilleanna: for the I-130 about marriage, it is paragraph 6
Laurel: Of the instructions?
Luz: If someone arrived in the US illegally when they were a child and attended public school here through high school, will this be a problem? He is now married and has just filed the i-130.
Laurel: That part of it is not a problem, no.
Laurel: Oh, it does say something about that in paragraph six. Strange. No basis for that in the law. Just file. Be sure to file the I-129F as well.
simple: who is the moderator?
Laurel: We don't have one
claudia: this is my cuestion: my husband usc filed a 1-130 for me in october 07. How long do you think this process will last, Im in Mexico ,
Laurel: Hmm. Processing times are always in flux. Depending on how long it takes you to go through the NVC, maybe five to seven more months.
julie: when applying for the 129f and the 601 waiver for an overstay. I have been told it would be harder for the fiance visa instead of if we were already married?...
Laurel: There's no significant difference in my approval rates for fiance(e)s vs spouses on the I-601. I might only suggest it if I thought the facts of the case were especially weak or if there was some advantage related to procedure and processing time.
angela256z: "Laurel: I think they need to talk about the infidelity and the reconciliation" do you mean in her hardship letter? They have talked about it cause it happened like a year ago. It just came up that a child was born from that issue. They have worked things out in their relationship since he cheated, but now the issue of the child came up about a month ago. Maybe I should have her pay for a consultation with you. She is scared to tell her current lawyer anything.
Laurel: They need to talk to their lawyer about it. They need to be prepared to talk about it both at the consular interview and in the waiver packet.
Luz: Once you become an LPR and it is not conditional, is there anything else you have to do?
Laurel: Apply for citizenship, then register to vote and then vote.
JessyRafa: My brother-in-law is stuck in Mexico pending "FBI/DHS record checks". My sister-in-law has been sending letters once a month to CDJ to check on status and has contacted our Senator. Is there anything else she can do? How long do these types of cases take in your experience? He has been there now for 3 months. Thank you.
Laurel: Has he been backlogged?
Jose: I have a final order or deportation, then I received the run letter from my previous att. , and now I'm going to marry a USC, is there any way u can help me
Laurel: You need to get your deportation case reopened. I don't usually do that, but now that I have an associate attorney, it might be do-able. But deportation cases must be hired by someone local. So if you're not in Houston, I'd have to refer you to somone local.
JessyRafa: "Laurel: Has he been backlogged?". Yes, he's been backlogged. He had a DUI a couple of years back and their waiver appointment was the day immediately following the 1st appointment.
Laurel: Once you're backlogged on the waiver, you are in the queue. You may have been backlogged "for FBI checks", but you should not think that your timeline is however long it takes to run the check. If it takes two days, you've still been referred to the backlog and you are behind everyone else in line. It will take around six months.
Laurel: There are literally dozens of good questions waiting for responses, but it is now just about noon and the chat is coming to a close.
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: I'd like to make a few statements at the beginning of the chat before we get started. First, I applaud the decision made by the administrators of the Immigrate2us.net forum to begin steps toward becoming an official non-profit.
Laurel: And second, I want to urge everyone attending my chat to vote for Barack Obama and to participate in the campaign. I think that getting him elected will be a very important first step toward the reform we so badly need.
Laurel: I think the most significant thing about getting Obama elected is his relationship with the Press and the public. If he pushes reform, I think the Press and the public will listen. And those are the minds we need to change first, before we can see Congress passing some meaningful reform.
Laurel: Please go to BarackObama.com to see how you can get involved.
evevelyn4: good morning, Ms. Scott
Laurel: Please call me Laurel
evevelyn4: I'm from Nashville, TN, and I'm the beneficiary. I'm about to send the fee for the Visa Application. My question is: Does my husband (the petitioner) need to go to the intervoew with me?
Laurel: Does he need to go to the interview abroad? Usually no. Many consulates, most notably Ciudad Juarez, will not even allow the petitioner in the building. But if its a consulate where the petitioner is allowed into the interview, it might be helpful to have him there, but not required.
confused: Hi
Thank you for taking your time to do this. I do appreciate your effort and goodwill.
Unfortunately I was not able to submit my questions last week due to the long line.
I would appreciate if you share your expertise with me on few things that has occupied my mind for along time.
Q1: My parents who are US citizens filed a I130 October 18, 2006. According to California processing center they are processing cases from January 17 2003.
How long do you think it takes for an interview
Q2. I used to be an F1 visa student in the states with a social security number and I was arrested during that time but no charges were files since I was in the wrong place in the wrong time. However I changed my name prior to filing the I130. Will the officer be aware of my past and will that effect my case?
At last Iam planning to visit my parent, is it ok to travel to US on visa waiver while having I130?
Thank you so much
Laurel: Visa wait times are posted on the Department of State Visa Bulletin. They will know about your prior arrests because your fingerprints will be taken at the consular interview. You are not barred from entering on Visa Waiver, but there is a chance that you will be turned away as being suspected of having immigrant intent if you have a pending I-130
Dulce: I would like to know what would happend if you dont attended your ciudad juarez appointment?
Laurel: A year after your appointment was to take place they will send your case back to the archives. But if you simply miss the interview and still want to have a new one, just notify the consulate that you'd like to reschedule. CDJ is asking people to just wait until they've already missed the consular interview before requesting a new one. Weird, but true. If you are going to miss your waiver appointment, please call in advance to reschedule so they can give your slot to someone else.
gilleanna: I want to file the I-130. My husband EWI in 2005 and then was picked up and given a court date. He missed this date, and the judge ordered a formal order of removal. Two years later he was picked up and put in detention, waiting only for his flight to nicaragua. While he was in detention we were married. Now I see on the I-130 form it says waiting if you were married. I have asked uscis customer service and the embassy in Nicaragua, both giving different answers.....can I file now?
Laurel: I don't think I understand the question. If you're married you can file the I-130. I would also file an I-129F in a situation like this where you married after the alien was placed in proceedings because the I-130 may get more scrutiny, which means delays.
Mendoza: Question for coquetamx: My husband has 2 driving without a license tickets. He was given the 2nd ticket because he was in a car accident- he was hit- was found not at fault. Theought he did not have a license he was given a ticket. Both tickets were taken care of and paid. When he goes to his medical and immigration interview, how should he answer when asked if he had any problems with the police, should he mention the accident? Thanks
Laurel: He should be forthright about it and bring all appropriate records. But don't stress too much as I don't expect it to be a problem.
angela256z: My friend and her husband submitted a I-130 and are waiting for an interview. He cheated on her a while ago and (after the I-130 was submitted) turns out the girl got pregnant. Now he has a child by another woman, but they are trying to work it out. They have been together 7 years and married about 2. Will this hurt their case? Should they start to claim the child on future forms? He is listed on the birth certificate.
Laurel: They need to reveal the fact that there is this child. He will have some hurdles in proving that his current marriage is still intact.
JessyRafa: Good morning, Laurel. My husband is going back to Mexico to avoid being here for over 365 days of illegal presence (it will be one year on February 25th, he is leaving on the 22nd). What evidence, if any, will be needed of his crossing into mexico when we go to the appointment in CDJ?
Laurel: He should open a bank account in Mexico as soon as he arrives and keep any and all records regarding the date he opened it.
gilleanna: service, sorry, not exactly sure what I am doing, I also wanted to know if I could file the I-130 if I do not have a job, yet.
Laurel: Yes. Proving income won't happen for many months.
evevelyn4: Accordingly to your experience as an Attorney. Do you think I have a good chance to get the Visa the same day o week of my app. I don't have any bad records whatsoever (thank God). Thomas (my husband) and I have a precious little girl (1 year old). We take care of his grandma that has Altz-Heimer, and He is running his own bussiness. We are currently, working on the hardship letter.
Laurel: The facts of your case are strong. But remember that good facts are not enough. You need to prove the statement you are making. And remember that its not enough to show you have a sick relative. You have to prove that you take care of that relative and that there's no one else who can do it.
Mendoza: Question for Mrs Jacobo: My biggest hardship would be moving to CDJ and not having family over there to get us on our feet. We laready asked for letter from our family here in the US, since I don't have family there either. Would being brought to the US at age 3 and never leaving the country give me an approval as well as not having family in Mexico for me husband or self? We also have a 2 year child. Thanks
Laurel: Being brought as a young child is a huge, huge, huge mitigating factor that will effectively lower the amount of hardship you need to show to get the waiver approved. But it, by itself, is still not enough. You still have to make an argument for extreme hardship. You gotta give them something to approve it on.
all2009: hi laurel i was charged with entry fraud in my wife hardship letter i included an apology letter , it was a good idea?
Laurel: It is extremely rare that I ask my client to include anything resembling an "apology letter" for a case that does not involve criminal history. You want the focus of the waiver packet to be on the extreme hardship of the qualifying relative. You do not want the focus to be on what the alien has done wrong. If there were extraordinary extenuating circumstances regarding the transgression of the law, then I have the alien write something about those circumstances.
Flor: Hi Laurel! From 0 to 10, how handsome you think Barack Obama is?
Laurel: He's like a 9, man. But he's very married.
Mendoza: Question for EmilyMartinez: I do not have a paypal account and I do not see a reason to open one. So is it possible for me to have my sister use hers and pay under her name for a conference with you?
Laurel: Sure.
eva_reyes: hello Laurel My husband is a US Army soldier and he is trying to fix my papers But he will be getting deployed in November An we are wondering if he can give me a POA to sign any papers that need to be signed by him
Laurel: They will expedite nearly all aspects of a case if the petitioner is active military about to be deployed abroad, especially if he/she is being deployed to a combat zone. If he's leaving in November and you get started right away, you might be able to do the whole case from start to finish before he goes.
confused: sorry but my question is will the arrest( no charges were files) effect my case?
Laurel: Any arrest affects your case in that you must disclose the arrest, provide official documents about it and discuss it. But it will not make you inadmissible UNLESS YOU LIE ABOUT IT OR FAIL TO REVEAL IT.
gilleanna: I was married when he was in detention,
gilleanna: but there were no proceedings
Laurel: If he was in detention then there were "proceedings".
monique: Hi Laurel, My fiance was deported back to Italy when we got off of a cruise ship. He had a B-1 B-2 visa, he had been coming here for almost two years and returning to Italy every 6 months for a few weeks, because that is how long his visa had been stamped each time.He lived with me while he was here. they didnt like his "pattern of travel". They charged him with (7)(A)(i)(I) and added "and/or you have been in the U.S. longer than two years working and living illegally" He never overstayed his allowed 6 months. I am filing the I-129F and the I-212. I have been told many things about when and where to file the I-212. Can I file both at the same time to VT?
Laurel: I-212 for a fiance(e) visa applicant is supposed to be filed at the consulate. I think there's a grey area regarding whether you have the option of filing the I-212 in the US prior to becoming a "visa applicant" on the day of the K1 interview, but recent experience has convinced me that its best just to wait for the K1 interview and file at the consulate.
nohomeyet: Hi Laurel. Just 1 question. I have been here in the US since 1984 on a B1 visa and overstayed. My mother filed a petition for me in 1993 and my priority date is now current. I will adjust status under 245i. I understand that unauthorized employment is forgiven if adjusting status thru marriage. Does it also hold true if I'm adjusting thru USC parent? I have a valid SS with no restrictions and I never had to fill up I-9 since I have been employed with the same company for over 22 years. Will I encounter any difficulties adjusting?
Laurel: Its "forgiven" if adjusting through 245i.
Mendoza: Another question for EmilyMartinez: Reguarding teh I-864, my step-dad will be my co-sponsor. This year he did not make the income due to loss of employment, but he has since regained employment. If I need to provide an I-864 before the new tax season, can he use his last 3 taxes along with a letter from teh employer to prove he meets the reuirements? Also, does household size count for those living in the house who you are not financially responsible for (in this case my grandparent live with them, but they support themselves finacially and is separte from my parents) Thanks!
Laurel: You can try using the current paystubs, etc. for your step-dad, but it will be better to simply get a new co-sponsor if you can. There was a somewhat recent memo clarifying a lot of things for the I-864. I'd have to review the "new" (over a year old now) rules for household size, but I think you don't have to include the grandparents.
gilleanna: why would the I-130 get more scrutiny, should I get a job before I file any of the paperwork?
Laurel: Because by law a marriage entered into after the alien is placed in proceedings is presumed to be fraudulent and the presumption of fraud must be overcome.
gilleanna: can I file the I-130 at the same time as the I-129f, or do I need to wait for receipt of the I-130 first.
Laurel: Since they changed the rule on where to file the I-129F, I've started filing them together.
CCP: My husband is here on a K-3 visa and has recently received his EAD and applied for his SS#. They said he should receive it with 2 weeks. Is it okay for him to start work and tell the employer he has applied for SS and give them the number when he gets it. We have the EAD card in hand.
Laurel: Yes. The IRS has a publication on this stating that as long as the alien has been permitted by CIS to work and the alien has applied for a social, the employer can write "applied for" on any relevant employer paperwork asking for a social.
angela256z: What kind of proof of a an intact marriage should she have? Pictures? I mean before this she already had joint accounts and stuff. I am not sure what she will need to prove an intact marriage. They are planning on moving to another city and getting joint custody of the child, but they were going to wait until after the interview to get joint custody.
Laurel: I think they need to talk about the infidelity and the reconciliation.
everbody: i was reading some old chats on warren, and the pilot program first he says no criminal background and then one time he quoated it depends on what it is . iam wonder what he means. if you could i would like your opionion
Laurel: The example is the single shoplifting conviction. Your case won't necessarily get referred if you have a single shoplifting conviction from 10 years ago. But a whole lot of criminal history will get your case referred no matter how much rehabiltiation evidence you provide.
eva_reyes: Can I use a Power of atorney to star my imigration papers when my husband get deployed to iraq
Laurel: I think they would have a problem with the beneficiary signing the petition. Maybe someone else can get the Power of Attorney. Perhaps a close relative of HIS, not yours. But as I said above ... try to get everything done before he goes. They will expedite for someone about to be deployed to a combat zone.
everbody: hello what to do you think of hake scoring sytem
Laurel: Mr. Hake and I do not get along. I have heard of his scoring system, but I have not reviewed it.
everbody: how much weight do letters from relatives have, explaining the hardships
Laurel: It depends on what the letters say and how much description they have. Sometimes relatives are the best ones to get letters from since they know the most about the situation. Other times you want to be sure to get letters from disintered parties. I guess in short, letters from relatives are best for providing details of factual information and letters from disinterested parties are best for getting an unbiased opinion or verifying racts.
Genesis: Any news of the pilot program implemented in other countries aside of Mexico?
Laurel: no news
gilleanna: On the I-130 it says a person cannot file for two years if there were proceedings...
Laurel: I think you're mis-reading it. What paragraph are you looking at?
cm21om25: Laurel, Is having Obsessive Compulsive Disorder worth mentioning in the HSL and is it worth getting diagnosed for, for the HSL? How about Anxiety? I have both but none have been diagnosed, as the OCD is constant and the anxiety, I had a few attacks recently involving stuttering and hyperventilating. With the OCD, I have had almost my entire life just never diagnosed; my family and friends are all eye witnesses. The anxiety attacks; my hubby heard on the phone and my Grandmother eye- witness.
Laurel: As with all medical and psychiatric conditions, it depends on the severity.
Laurel: And it depends on what impact your spouse's absence or, conversely, his presence has on your condition.
cm21om25: This is from New12: Hi! We are turning in a 601 and 212. Should we turn in one brief that addresses both waivers? We are to turn in the removal papers he was given when he was deported? He was given removal orders from US at border, turned around and deported from Canada. Only turn in the 2 pages from US?
Laurel: One brief and one set of supporting documents, yes. Provide the removal documents at the consular interview, but unless there is something worth mentioning in them, I don't think you normally need to include them with the waiver packet.
cm21om25: From New12: I have a question about the order for our packet... Brief, G28, 601, 212, hardship letter and evidence? Am I missing anything? Thanks so much. We leave in a week...
Laurel: Depending on the consulate, you may also need a G-325A and some consulates require a battery of documents normally only requested at the consular interview.
cm21om25: from New12: My accountant just did my taxes for 07 and emailed me my tax return via email and therefore does not have his signature on it. Should I have him sign a copy, scan and email that to me? Will CDJ accept it without signature since it's merely been prepared not submitted yet?
Laurel: They'll accept it the way it is. I've never heard of them asking whether you've submitted it or not when the deadline for the tax year has not yet arrived.
simple: what are the chances of getting i601 approval for single CIMT (single non violent with no other arrests) in US (HOUTON)
Laurel: It depends a lot on the officer reviewing the case. But I'm concerned about your deportability factor. I'm an expert on inadmissibility, but not as much on deportability. The rules are slightly different.
gilleanna: When he was in detention, he had no court date, just the ICE officer said he had to wait for his paperwork to go to DC so he could get his plane ticket to Nicaragua....
Laurel: Didn't you say earlier that he missed his court date?
evevelyn4: Laurel, I'm a little bit confused. Are they supposed to interview both of us (husband and me) at some point?, because we haven't been in such interview and we are about to send the Visa Application fee.
Laurel: For an immigrant visa abroad the petitioner is usually not interviewed, no.
monique: If he was staying with me for the 1 1/2 years, 6 month intervals does he list that as his last residence on the G325? what about last job if it was not legal here?
Laurel: I'm going to answer your question with a question: did he ever work within 60 days of entering on a visitor's visa?
nohomeyet: Follow up on my question. Am I supposed to wait for a letter from NVC or should I just file I-485, etc. I have an approved I-130 from 1993.
Laurel: If you're adjusting through 245i, the case will not go through the NVC. Just wait for your date to be current on the visa bulletin and use your I-130 to adjust status. Include a copy of the visa bulletin page to show that you're current.
Laurel: Hang on.
gilleanna: for the I-130 about marriage, it is paragraph 6
Laurel: Of the instructions?
Luz: If someone arrived in the US illegally when they were a child and attended public school here through high school, will this be a problem? He is now married and has just filed the i-130.
Laurel: That part of it is not a problem, no.
Laurel: Oh, it does say something about that in paragraph six. Strange. No basis for that in the law. Just file. Be sure to file the I-129F as well.
simple: who is the moderator?
Laurel: We don't have one
claudia: this is my cuestion: my husband usc filed a 1-130 for me in october 07. How long do you think this process will last, Im in Mexico ,
Laurel: Hmm. Processing times are always in flux. Depending on how long it takes you to go through the NVC, maybe five to seven more months.
julie: when applying for the 129f and the 601 waiver for an overstay. I have been told it would be harder for the fiance visa instead of if we were already married?...
Laurel: There's no significant difference in my approval rates for fiance(e)s vs spouses on the I-601. I might only suggest it if I thought the facts of the case were especially weak or if there was some advantage related to procedure and processing time.
angela256z: "Laurel: I think they need to talk about the infidelity and the reconciliation" do you mean in her hardship letter? They have talked about it cause it happened like a year ago. It just came up that a child was born from that issue. They have worked things out in their relationship since he cheated, but now the issue of the child came up about a month ago. Maybe I should have her pay for a consultation with you. She is scared to tell her current lawyer anything.
Laurel: They need to talk to their lawyer about it. They need to be prepared to talk about it both at the consular interview and in the waiver packet.
Luz: Once you become an LPR and it is not conditional, is there anything else you have to do?
Laurel: Apply for citizenship, then register to vote and then vote.
JessyRafa: My brother-in-law is stuck in Mexico pending "FBI/DHS record checks". My sister-in-law has been sending letters once a month to CDJ to check on status and has contacted our Senator. Is there anything else she can do? How long do these types of cases take in your experience? He has been there now for 3 months. Thank you.
Laurel: Has he been backlogged?
Jose: I have a final order or deportation, then I received the run letter from my previous att. , and now I'm going to marry a USC, is there any way u can help me
Laurel: You need to get your deportation case reopened. I don't usually do that, but now that I have an associate attorney, it might be do-able. But deportation cases must be hired by someone local. So if you're not in Houston, I'd have to refer you to somone local.
JessyRafa: "Laurel: Has he been backlogged?". Yes, he's been backlogged. He had a DUI a couple of years back and their waiver appointment was the day immediately following the 1st appointment.
Laurel: Once you're backlogged on the waiver, you are in the queue. You may have been backlogged "for FBI checks", but you should not think that your timeline is however long it takes to run the check. If it takes two days, you've still been referred to the backlog and you are behind everyone else in line. It will take around six months.
Laurel: There are literally dozens of good questions waiting for responses, but it is now just about noon and the chat is coming to a close.