Laura
02-20-2008, 02:57 PM
Laurel: Sorry, my computer is a little slow today
Laurel: I'm here now, though.
Laurel: I got to see Obama in person at the Houston rally last night. It was very exciting.
evevelyn4: Good morning Laurel!. I have a question for you: When someone gets the I601 approved. Does he/she, needs to come inmediately to the USA, or they can stay a little bit more in Mexico. I ask you that because my granma is very sick and IF I get the approval, I'd like to go see her for a bit.
Laurel: That's a fairly frequent question. If you take an extra few weeks before returning to the US following waiver approval that's fine. But don't make it like 2 or 3 months. If you're gone for several months, it starts to eat away at your credibility regarding your claim that it was an extreme hardship to your spouse for you to be away.
laurafern11: From fanygirl: I got the result of my FOIA and I don't really understand what it means.
A quick review of my situation: Tried to come here in 1996 - got pulled off line. My papers weren't legal and I was phototgraphed & fingerprinted. I think I signed some papers (too scared to remember), was put on the next flight back home following morning. Tried again in 1999 made it through, (was under the impression that all you had to do was make it here and everything would be good) soon started realizing that is so not the case. got married in 2002 - husband filed papers I-130, I-765, I-485 (real dumb move from supposed lawyer), husband died same year. All papers filed were denied, new lawyer sent death certificate and letter after I remarried in '05'.
In 2006 we filed just I-130, and FOIA among buzz of CIR, know how that turned out. That I-130 was approved. We recieved the results of FOIA. Told me about all papers filed. the death of first husband. blah, blah, blah...BUT!! as for what happen in '96' all it says is "non-immigrant no visa or passport." So my question is does this statement means that it was a formal deportation? A denied entry? Now that I understand the law, thanks to Imm2us, I feel like a sitting duck.
Laurel: In 1999 did you come back with fraud or EWI? The 1996 incident sounds like a deportation, though it may have been a refusal of entry. You'll have to see if there is any document you signed in which you stated you were withdrawing your applicaiton for entry. If you were permitted to withdraw, there's no deport. But if you were deported and then came back EWI, then you have a 9C bar. I think I'd have to look at the results of your FOIA.
laurafern11: Also, fashionista asked about a "rumor" she heard that the K-3 will be eliminated. She didn't provide any more information. Are you aware of any proposed such changes in immigration procedure?
Laurel: There is a rumor that CIS is not adjudicating I-129Fs for K3s any more in most circumstances. I have not been able to either confirm or refute. But I believe it is an illegal move for them not to adjudicate.
laurafern11: Lastly for now, imisshimmuch was asking if you had inquired with Lima lately or had any information on why their waivers are taking more than 8 months right now.
Laurel: Backlog. Pure and simple. But all throughout the Western Hemisphere in the abroad offices, they are trying to cut processing time down to six months.
Laurel: As more an more people learn about the foreign-filed waiver option, backlogs will increase until they hire more people.
CJ: Good Morning Laurel, I have a question for you. My wife has her appt. on March and I really don't have "extreme" "extreme'" hardships besides loosing my job and not providing health care for my wife and son im Mexico. Anyways she was brought to the U.S. at age of 2 and now she has become a nurse. She has never been in trouble with the law. How can I best show proof of how long she's been in the US and how we both don't have family residing in Mexico to help us get on our feet if she is not approved? Thank You.
Laurel: You can use early childhood records, such as elementary school records to show she's been here that long. You may not have the most extreme hardships, but the age at which she entered - age 2 - is a huge, huge mitigating factor. Even so, you still have to come up with some argument that is not identical to everyone else's.
Laurel: And just to be clear for everyone's information ... by "come up with", I do not mean "fabricate". I mean that you should look closely at your entire life circumstances and based on the real facts of the case present the strongest possible arguments.
Genesis: I was recently diagnosed with cancer . We sent in our I-130 and has not been approved yet, is there a possibility of having our case expedited without my wife leaving the country?
Laurel: If she's an EWI who has been here less than 10 years, she will still have to leave the US to go file, but if you have serious cancer and she has no aggravating factors in her case, you might be able to expedite various steps of the process.
laurafern11: Oh and I got into Marquette - I'm sure mostly because of your letter of rec. Haven't heard from UW yet....
Laurel: I heard you got accepted to Law School. CONGRATS!!!
evevelyn4: How long does it usually takes to get your Vissa Application Form after you send the
Laurel: From NVC ... usually a few weeks, but they've gotten slower.
hi2205: Hi, laurel Do you schedule saturday consultations? My waiver got denied
Laurel: No, I do not. I'm a single mother with children ages 4 and 6. I do my best not to work on Saturday. Sometimes when the kids are watching tv I sneak onto my computer, but I certainly don't do telephone or in-person consultations and I do my best not to promise anyone that I will do an email consultation ont he weekend
angela256z: If a person has 3 catch and releases within 1 week of each other is this a problem? There was also 2 catch and releases before 97. They were in 92. Does this drow issues for a Mexico waiver case? He did come in 92 - 93 which I understand does not count and then attempted for a week in Sept 99 in which he finally made it. They finger printed him 2 times in 99 and no other time not even in 92. So multiple Attempts is that an issue?
Laurel: Very common. Not an issue unless any of them were formal deportations.
angela256z: Also my friend is considering changing from her current lawyer to you. She was wondering if the consultation fee is added into the final balance? She is trying to just figure her expenses.
Laurel: Yes, as long as I'm hired within 30 days of the consultation.
gaura: Laurel,
I am new to this chat and wanted to say hello to everybody.
First I want to know: are there any samples for waiver letters for non-immigrant visa with criminal record background – like the hardship letters on immigrate2us.com ?
gaura
Laurel: To answer your question ... no. But I'd also like to say that I have very mixed feelings about posting "letters". For one thing, I think that the posting of approved letters adds to the misconception that a good "letter" is what gets an approval. That's not exactly true. You prove your case with the supporting documents and its that proof that wins the case. You organize the supporting documents with the letter so the adjudicator understands what the supporting documents are supposed to prove. You can have the best letter in the world and still lose if you don't prove your case with supporting documents.
Second, people have a tendency to "borrow" too much from the letters they see posted and they end up with a waiver packet that looks too much like the thousands the adjudicator has already seen. If your "letter" looks too much like one on the internet ... and the adjudicators have access to the internet, too guys ... your arguments may be given less weight or - even worse - you may even be accused of fabricating a case based on someone else's model.
Third, from the "letter" you can't tell what caused the case to get approved. I have lots of people wanting to use stuff I don't think is important, but they are insistent because they saw it in someone else's approval. Well sure someone else may have included that weak argument, but it was likely a different part of the case that led to the approval.
Laurel: That was a long response, wasn't it?
cesarhec: morning Laurel...I reviewed my previously submittied documents from my lawyer and saw he made quite a few mistakes with my dates(entry, work residence) i correcte these dates with him so that i have corrected forms to turn in next week at my interview. Will the officer give me a hard time about the corrections? My lawyer has made quite a few mistakes over the past 2yrs (Ie. He listed on DS230 and 601 that i onlye entere once, I entered a few times: all with visas)
Laurel: Well, this is why I always have the client review before we submit. Its really not a big deal if you find errors - even if you consider them to be numerous - on the forms prior to submittal. That's quite common. It only gets to be a problem if the attorney is not having the client review and is submitting forms with an egregious number of errors. I should also say that even when I'm being careful and the client has also carefully reviewed, some errors slip through. But the government knows that sometimes errors are made so DEPENDING ON THE ERROR, it is usually not a big deal. Now, if your "error" was to say you've never been arrested, when actually you have a felony conviction, that's a big deal.
gaura: Second question: I want to apply for E2 investor visa. My wife could apply for a family based Green Card from her father, a USC . We are both living in Germany right now. I am afraid that appliying for a family based Green Card in Germany before receiving the E2 investor visa would show an “immigration intent” and negate our E2 visa ?
Would it be better to apply for the Green card after approvel of E2 visa and actually living in the US already ?
gaura
Laurel: I'm not an expert in employment-based nonimmigrant visas, but I THINK the E visa is a dual intent visa, meaning immigrant intent will not lead to a denial. Have your attorney for the E visa double check on that. If its a dual intent visa, there's no problem.
Laurel: The most common dual intent visas: K, H and L
Mendoza: If someone applies for AOS (through a USC spouse) under 245i and doesn't go to the interview , what can they do to re-open the case?
Laurel: If they had a good reason not to attend, they can do a Motion to Reopen. Good reasons include: emergency room visit, CIS sent the notice to the wrong address and you can prove it, etc. Good reasons do not include: I forgot, I didn't feel like going that day, my boss wouldn't let me off work, I didn't feel well, etc. If you can't get it reopened or you don't think you have a good reason to get it reopened, you can refile the whole thing, but you'll have to pay the filing fees again.
angela256z: Since the K3 issues was brought up....Do you see interviews for IR coming sooner these days? I mean the reason for a K3 was an interview in about 3 months after approval. From you recent cases what time fram do you see for IR interviews after I-130 approval?
Laurel: Yes, they are speeding up significantly and in CDJ they expect that by summer they will be scheduling IR and CR interviews within 90 days of NVC finishing up the case.
jennifer: Hi laurel, you think I'm eligible for a waiver because I have 2 attemped entries back in 2000 I tray again and made it successful. I check my fingerprints with fBI and they are clean. thanks
Laurel: Then you should be fine.
evevelyn4: How long does it usually take to get your Visa Application Form after you send the Visa App. Fee?
Laurel: I answered this. Please don't repeat your questions guys. There is a long, long list of questions so it may take me 10-30 minutes to get to your question after you ask it.
Mpls: I have a question and I was wondering if I can seek your guidance. My wife is here on visitor visa. I believe she misrepresented on DS-156 when she applied for visa backhome. She indicated she was single while she was married. The reason was that the marriage was not registered back home. Does she need a waiver?
Laurel: If she can lawfully argue that her marriage in her country was not a "legal" marriage at the time she filed the DS-156, even if it was a "traditional" marriage, then she may not need a waiver.
Laurel: It might depend on the laws of your home country regarding marriage
laurafern11: From Marisa: My husband applied for a bank account and by mistake checked US citizen is this going to affect him during interview?
Laurel: A bank account is not an immigration benefit. So, no.
Lynette: A Cuban parolled into the US (my friend) is applying for residency. Form I485 with supporting apps. I'm trying to help her gather her supporting documents. For all of the apps will she need to include a translated version of her vital records? They are in spanish.
Laurel: Yes. For AOS any document not in English must be accompanied by a certified English translation. "Certified" in this sense means that the person translating must include the statement, "I certify that I am fluent in both English and Spanish and the attached is a true and complete translation of the original" and sign and date it. It does not have to be notarized. The translator cannot be either the petitioner, beneficiary, or co-sponsor nor anyone closely related by blood, marriage or adoption. However, the translator does not have to be somone you pay. It can be a friend.
Laurel: Really the only time you don't need translations is for stuff you hand it at the consulate for consular processing only that will be adjudicated by a consular officer.
cesarhec: My 130 approval notice says IR-1 but my visa appointment letter says CR-1. I have been married for 2 1/2 yrs and my visa and waiver interviews are next week. Do i need to call the 900# to let them know I am getting my stamp? thanks.
Laurel: Just point out the situation to the consular officer.
hi2205: the CIS office said in the denial letter, I only provided the application and the hardship letter no evidence. my situation: went to the u.s as a child, parents asylum got denied, order deportation, got married and got deported later. My husband's only hardship is his career (lawyer). Is there a case for applied? Or shoud we just forget about doing this all over again. Thanks, If I schedule a consultation , paying online now, how fast can I get a consultation?
Laurel: I already have two consultations scheduled for today, but I can get you in tomorrow. It sounds like you're being viewed as a deportation absconder, which makes your chances of approval very low. But if you want to try again, we can give it a shot.
Genesis: Can someone get authorization for work after the I-130 is approved?
Laurel: An approved I-130, by itself, is not a basis for applying for employment authorization.
CJ: Can my wife be punished for using her "not valid for employement" SSN to work and do her taxes? We've been filing jointly and her SSN was issued to her, but is not valid for employement. Will this be a concern for her first interview.
Laurel: Using her valid SSN for employment and taxes, in itself, is not a problem. Unauthorized employment may or may not be, depending on the circumstances.
Mpls: Laureal... any good waiver lawyer you would recommend in minneapolis/st. paul area?
Laurel: None pops to mind.
Mgarcia: Laurel, my husban passport/visa was stolen in 1998 he left 2 moths after the 6 month permission to stay, then in 2001 he EWI how can we prove when he left back on his visa if it was stolen..all we have is the police report would this be a problem for the I601 waiver at CDJ? Thanks
Laurel: Did he have a bank account, lease, job, etc. after leaving? You can use documentation from that to prove that he left around the time you claim he left, even if you can't prove the exact date.
Mendoza: What form is the motion to re-open? Its not the I-824 is it?
Laurel: I-290B
Laurel: Also used for Appeals. Same form.
meemofrog: If someone has a 10-year ban due to 9(c), and they are found in the US, what will happen (they had a voluntary departure before)? Is there a possibility they will be put in jail, deported? What will happen with their immigration case...does that lead to a lifetime ban?
Laurel: Yea, they will likely wind up in detention and get deported. But, other than how much it sucks to be in detention, did it make your case worse ... well, even when the 9C ten years is up, you still need a waiver and the subsequent deportation will make that tough to get.
nmm: Laurel, when my husband went for his interview to pick up his visa in CDJ we had been married 2 1/2 years, but they gave him a CR1. His greencard came and is also CR1. I call USCIS and they said I couldn't file to have it changed there because it isn't a typigraphical error. Is there a way to get it changed to an IR1 now, without having to wait two years and paying more fees? Thank you.
Laurel: Its not a typographical error, but its still their error. You have nothing to lose by filing the I-90 without the filing fee, claiming its their mistake and you don't have to pay the filing fee. The worse that would happen is they will then tell you to pay the filing fee, which is really not much different than filing the I-751.
hi2205: do you have any good waiver lawyer in south florida, you can recommend. Thanks for your time
Laurel: You can try John Pratt over at Ira Kurban's office in Miami. He was on the waiver panel with me at the National Conference last year. I don't think he has much experience with foreign-filed waivers, but I know he's done a few in court.
CJ: Are we allowed to turn in pictures at the info. pass appt.?
Laurel: Well, we dont' use InfoPass for the appointments any more. Its now just a Waiver Appointment. But yea, I often include photos in the waiver packet. just a few, though.
Mgarcia: Laurel, he was paid in cash, he worked in a ranch... he did not have a bank account.. do you think this can be a cause to be backlogged?
Laurel: It wont' cause the waiver to get backlogged. Its an issue of whether he's 9C inadmissible and that will be adjudicated by the consular officer.
jennifer: also my i 130 has been approved since 2003 is ok to use the same or i have to do it again?
Laurel: For 245i or abroad filing? If its the latter, was the case ever sent to NVC?
Mpls: Will log of this chat be available?
Laurel: LauraFern will probably post
Mpls: Will log of this chat be available?
Laurel: LauraFern will probably post
CJ: will my wife actually get to talk to the officeer at the info. pass? Or just wait to see if she will be approved?
Laurel: She will talk to someone at the window, but that is not the officer deciding her case, so 'no'.
Mgarcia: How can i know if he is going to be found 9(c) inadmissable... should we not take the risk then?
Laurel: That's up to you. I think you'll probably be fine, but you need to understand that there is some risk of this happening.
Lynette: I'm watching a live feed of the Obama rally in Dallas! A lot of Latinos showed up. That's a good sign! I wanted to let all Texans know Early voting is NOW!!! Go vote. Please!!!!
Laurel: Yes, please everyone vote for Obama. He and Clinton have quite similar platforms and are in substantial agreement on most of the policy issues. However, while I think that Clinton is a brilliant woman and would be an excellent administrator and diplomat, I think Obama is a better LEADER. Obama can change people's minds better than Clinton can. And for immigration reform, it is imperitive that we change the minds of the public.
Lynette: Since you found the time to be online now in Laurel's chat, please find the time to look at the Live Feed of Obama's rally speech going on right now. He will be on any minute at myfoxdfw.com.
Laurel: What all of you really need most of all for your immigration cases is reform. Electing Obama is a huge first step toward achieving that. Please do it for your families and your communities.
july02: Hello Laurel, do you think there is a better chance of getting approved after a denial by requesting a new interview or going through the whole appeal process. My case was denied because my hardship letter was not properly done. Thank you
Laurel: Depends on the reasons for denial, but generally speaking if your first waiver packet was kind of crappy and you think you can do substantially better, than refiling is better than an appeal.
Mgarcia: Laurel would a letter from the ranch owner make any difference, if so i can try contacting him if i find him
Laurel: it might
jennifer: well at the time by mistake we sen the 485 but imigration send back cause we did not meet the 245 so we staop then and now we want to do it for cd juarez
Laurel: Then just file an I-824 for the already-approved I-130
Laurel: Ok, guys. It noon. I'm going to sign off now. I'll see you all next week.
Laurel: I'm here now, though.
Laurel: I got to see Obama in person at the Houston rally last night. It was very exciting.
evevelyn4: Good morning Laurel!. I have a question for you: When someone gets the I601 approved. Does he/she, needs to come inmediately to the USA, or they can stay a little bit more in Mexico. I ask you that because my granma is very sick and IF I get the approval, I'd like to go see her for a bit.
Laurel: That's a fairly frequent question. If you take an extra few weeks before returning to the US following waiver approval that's fine. But don't make it like 2 or 3 months. If you're gone for several months, it starts to eat away at your credibility regarding your claim that it was an extreme hardship to your spouse for you to be away.
laurafern11: From fanygirl: I got the result of my FOIA and I don't really understand what it means.
A quick review of my situation: Tried to come here in 1996 - got pulled off line. My papers weren't legal and I was phototgraphed & fingerprinted. I think I signed some papers (too scared to remember), was put on the next flight back home following morning. Tried again in 1999 made it through, (was under the impression that all you had to do was make it here and everything would be good) soon started realizing that is so not the case. got married in 2002 - husband filed papers I-130, I-765, I-485 (real dumb move from supposed lawyer), husband died same year. All papers filed were denied, new lawyer sent death certificate and letter after I remarried in '05'.
In 2006 we filed just I-130, and FOIA among buzz of CIR, know how that turned out. That I-130 was approved. We recieved the results of FOIA. Told me about all papers filed. the death of first husband. blah, blah, blah...BUT!! as for what happen in '96' all it says is "non-immigrant no visa or passport." So my question is does this statement means that it was a formal deportation? A denied entry? Now that I understand the law, thanks to Imm2us, I feel like a sitting duck.
Laurel: In 1999 did you come back with fraud or EWI? The 1996 incident sounds like a deportation, though it may have been a refusal of entry. You'll have to see if there is any document you signed in which you stated you were withdrawing your applicaiton for entry. If you were permitted to withdraw, there's no deport. But if you were deported and then came back EWI, then you have a 9C bar. I think I'd have to look at the results of your FOIA.
laurafern11: Also, fashionista asked about a "rumor" she heard that the K-3 will be eliminated. She didn't provide any more information. Are you aware of any proposed such changes in immigration procedure?
Laurel: There is a rumor that CIS is not adjudicating I-129Fs for K3s any more in most circumstances. I have not been able to either confirm or refute. But I believe it is an illegal move for them not to adjudicate.
laurafern11: Lastly for now, imisshimmuch was asking if you had inquired with Lima lately or had any information on why their waivers are taking more than 8 months right now.
Laurel: Backlog. Pure and simple. But all throughout the Western Hemisphere in the abroad offices, they are trying to cut processing time down to six months.
Laurel: As more an more people learn about the foreign-filed waiver option, backlogs will increase until they hire more people.
CJ: Good Morning Laurel, I have a question for you. My wife has her appt. on March and I really don't have "extreme" "extreme'" hardships besides loosing my job and not providing health care for my wife and son im Mexico. Anyways she was brought to the U.S. at age of 2 and now she has become a nurse. She has never been in trouble with the law. How can I best show proof of how long she's been in the US and how we both don't have family residing in Mexico to help us get on our feet if she is not approved? Thank You.
Laurel: You can use early childhood records, such as elementary school records to show she's been here that long. You may not have the most extreme hardships, but the age at which she entered - age 2 - is a huge, huge mitigating factor. Even so, you still have to come up with some argument that is not identical to everyone else's.
Laurel: And just to be clear for everyone's information ... by "come up with", I do not mean "fabricate". I mean that you should look closely at your entire life circumstances and based on the real facts of the case present the strongest possible arguments.
Genesis: I was recently diagnosed with cancer . We sent in our I-130 and has not been approved yet, is there a possibility of having our case expedited without my wife leaving the country?
Laurel: If she's an EWI who has been here less than 10 years, she will still have to leave the US to go file, but if you have serious cancer and she has no aggravating factors in her case, you might be able to expedite various steps of the process.
laurafern11: Oh and I got into Marquette - I'm sure mostly because of your letter of rec. Haven't heard from UW yet....
Laurel: I heard you got accepted to Law School. CONGRATS!!!
evevelyn4: How long does it usually takes to get your Vissa Application Form after you send the
Laurel: From NVC ... usually a few weeks, but they've gotten slower.
hi2205: Hi, laurel Do you schedule saturday consultations? My waiver got denied
Laurel: No, I do not. I'm a single mother with children ages 4 and 6. I do my best not to work on Saturday. Sometimes when the kids are watching tv I sneak onto my computer, but I certainly don't do telephone or in-person consultations and I do my best not to promise anyone that I will do an email consultation ont he weekend
angela256z: If a person has 3 catch and releases within 1 week of each other is this a problem? There was also 2 catch and releases before 97. They were in 92. Does this drow issues for a Mexico waiver case? He did come in 92 - 93 which I understand does not count and then attempted for a week in Sept 99 in which he finally made it. They finger printed him 2 times in 99 and no other time not even in 92. So multiple Attempts is that an issue?
Laurel: Very common. Not an issue unless any of them were formal deportations.
angela256z: Also my friend is considering changing from her current lawyer to you. She was wondering if the consultation fee is added into the final balance? She is trying to just figure her expenses.
Laurel: Yes, as long as I'm hired within 30 days of the consultation.
gaura: Laurel,
I am new to this chat and wanted to say hello to everybody.
First I want to know: are there any samples for waiver letters for non-immigrant visa with criminal record background – like the hardship letters on immigrate2us.com ?
gaura
Laurel: To answer your question ... no. But I'd also like to say that I have very mixed feelings about posting "letters". For one thing, I think that the posting of approved letters adds to the misconception that a good "letter" is what gets an approval. That's not exactly true. You prove your case with the supporting documents and its that proof that wins the case. You organize the supporting documents with the letter so the adjudicator understands what the supporting documents are supposed to prove. You can have the best letter in the world and still lose if you don't prove your case with supporting documents.
Second, people have a tendency to "borrow" too much from the letters they see posted and they end up with a waiver packet that looks too much like the thousands the adjudicator has already seen. If your "letter" looks too much like one on the internet ... and the adjudicators have access to the internet, too guys ... your arguments may be given less weight or - even worse - you may even be accused of fabricating a case based on someone else's model.
Third, from the "letter" you can't tell what caused the case to get approved. I have lots of people wanting to use stuff I don't think is important, but they are insistent because they saw it in someone else's approval. Well sure someone else may have included that weak argument, but it was likely a different part of the case that led to the approval.
Laurel: That was a long response, wasn't it?
cesarhec: morning Laurel...I reviewed my previously submittied documents from my lawyer and saw he made quite a few mistakes with my dates(entry, work residence) i correcte these dates with him so that i have corrected forms to turn in next week at my interview. Will the officer give me a hard time about the corrections? My lawyer has made quite a few mistakes over the past 2yrs (Ie. He listed on DS230 and 601 that i onlye entere once, I entered a few times: all with visas)
Laurel: Well, this is why I always have the client review before we submit. Its really not a big deal if you find errors - even if you consider them to be numerous - on the forms prior to submittal. That's quite common. It only gets to be a problem if the attorney is not having the client review and is submitting forms with an egregious number of errors. I should also say that even when I'm being careful and the client has also carefully reviewed, some errors slip through. But the government knows that sometimes errors are made so DEPENDING ON THE ERROR, it is usually not a big deal. Now, if your "error" was to say you've never been arrested, when actually you have a felony conviction, that's a big deal.
gaura: Second question: I want to apply for E2 investor visa. My wife could apply for a family based Green Card from her father, a USC . We are both living in Germany right now. I am afraid that appliying for a family based Green Card in Germany before receiving the E2 investor visa would show an “immigration intent” and negate our E2 visa ?
Would it be better to apply for the Green card after approvel of E2 visa and actually living in the US already ?
gaura
Laurel: I'm not an expert in employment-based nonimmigrant visas, but I THINK the E visa is a dual intent visa, meaning immigrant intent will not lead to a denial. Have your attorney for the E visa double check on that. If its a dual intent visa, there's no problem.
Laurel: The most common dual intent visas: K, H and L
Mendoza: If someone applies for AOS (through a USC spouse) under 245i and doesn't go to the interview , what can they do to re-open the case?
Laurel: If they had a good reason not to attend, they can do a Motion to Reopen. Good reasons include: emergency room visit, CIS sent the notice to the wrong address and you can prove it, etc. Good reasons do not include: I forgot, I didn't feel like going that day, my boss wouldn't let me off work, I didn't feel well, etc. If you can't get it reopened or you don't think you have a good reason to get it reopened, you can refile the whole thing, but you'll have to pay the filing fees again.
angela256z: Since the K3 issues was brought up....Do you see interviews for IR coming sooner these days? I mean the reason for a K3 was an interview in about 3 months after approval. From you recent cases what time fram do you see for IR interviews after I-130 approval?
Laurel: Yes, they are speeding up significantly and in CDJ they expect that by summer they will be scheduling IR and CR interviews within 90 days of NVC finishing up the case.
jennifer: Hi laurel, you think I'm eligible for a waiver because I have 2 attemped entries back in 2000 I tray again and made it successful. I check my fingerprints with fBI and they are clean. thanks
Laurel: Then you should be fine.
evevelyn4: How long does it usually take to get your Visa Application Form after you send the Visa App. Fee?
Laurel: I answered this. Please don't repeat your questions guys. There is a long, long list of questions so it may take me 10-30 minutes to get to your question after you ask it.
Mpls: I have a question and I was wondering if I can seek your guidance. My wife is here on visitor visa. I believe she misrepresented on DS-156 when she applied for visa backhome. She indicated she was single while she was married. The reason was that the marriage was not registered back home. Does she need a waiver?
Laurel: If she can lawfully argue that her marriage in her country was not a "legal" marriage at the time she filed the DS-156, even if it was a "traditional" marriage, then she may not need a waiver.
Laurel: It might depend on the laws of your home country regarding marriage
laurafern11: From Marisa: My husband applied for a bank account and by mistake checked US citizen is this going to affect him during interview?
Laurel: A bank account is not an immigration benefit. So, no.
Lynette: A Cuban parolled into the US (my friend) is applying for residency. Form I485 with supporting apps. I'm trying to help her gather her supporting documents. For all of the apps will she need to include a translated version of her vital records? They are in spanish.
Laurel: Yes. For AOS any document not in English must be accompanied by a certified English translation. "Certified" in this sense means that the person translating must include the statement, "I certify that I am fluent in both English and Spanish and the attached is a true and complete translation of the original" and sign and date it. It does not have to be notarized. The translator cannot be either the petitioner, beneficiary, or co-sponsor nor anyone closely related by blood, marriage or adoption. However, the translator does not have to be somone you pay. It can be a friend.
Laurel: Really the only time you don't need translations is for stuff you hand it at the consulate for consular processing only that will be adjudicated by a consular officer.
cesarhec: My 130 approval notice says IR-1 but my visa appointment letter says CR-1. I have been married for 2 1/2 yrs and my visa and waiver interviews are next week. Do i need to call the 900# to let them know I am getting my stamp? thanks.
Laurel: Just point out the situation to the consular officer.
hi2205: the CIS office said in the denial letter, I only provided the application and the hardship letter no evidence. my situation: went to the u.s as a child, parents asylum got denied, order deportation, got married and got deported later. My husband's only hardship is his career (lawyer). Is there a case for applied? Or shoud we just forget about doing this all over again. Thanks, If I schedule a consultation , paying online now, how fast can I get a consultation?
Laurel: I already have two consultations scheduled for today, but I can get you in tomorrow. It sounds like you're being viewed as a deportation absconder, which makes your chances of approval very low. But if you want to try again, we can give it a shot.
Genesis: Can someone get authorization for work after the I-130 is approved?
Laurel: An approved I-130, by itself, is not a basis for applying for employment authorization.
CJ: Can my wife be punished for using her "not valid for employement" SSN to work and do her taxes? We've been filing jointly and her SSN was issued to her, but is not valid for employement. Will this be a concern for her first interview.
Laurel: Using her valid SSN for employment and taxes, in itself, is not a problem. Unauthorized employment may or may not be, depending on the circumstances.
Mpls: Laureal... any good waiver lawyer you would recommend in minneapolis/st. paul area?
Laurel: None pops to mind.
Mgarcia: Laurel, my husban passport/visa was stolen in 1998 he left 2 moths after the 6 month permission to stay, then in 2001 he EWI how can we prove when he left back on his visa if it was stolen..all we have is the police report would this be a problem for the I601 waiver at CDJ? Thanks
Laurel: Did he have a bank account, lease, job, etc. after leaving? You can use documentation from that to prove that he left around the time you claim he left, even if you can't prove the exact date.
Mendoza: What form is the motion to re-open? Its not the I-824 is it?
Laurel: I-290B
Laurel: Also used for Appeals. Same form.
meemofrog: If someone has a 10-year ban due to 9(c), and they are found in the US, what will happen (they had a voluntary departure before)? Is there a possibility they will be put in jail, deported? What will happen with their immigration case...does that lead to a lifetime ban?
Laurel: Yea, they will likely wind up in detention and get deported. But, other than how much it sucks to be in detention, did it make your case worse ... well, even when the 9C ten years is up, you still need a waiver and the subsequent deportation will make that tough to get.
nmm: Laurel, when my husband went for his interview to pick up his visa in CDJ we had been married 2 1/2 years, but they gave him a CR1. His greencard came and is also CR1. I call USCIS and they said I couldn't file to have it changed there because it isn't a typigraphical error. Is there a way to get it changed to an IR1 now, without having to wait two years and paying more fees? Thank you.
Laurel: Its not a typographical error, but its still their error. You have nothing to lose by filing the I-90 without the filing fee, claiming its their mistake and you don't have to pay the filing fee. The worse that would happen is they will then tell you to pay the filing fee, which is really not much different than filing the I-751.
hi2205: do you have any good waiver lawyer in south florida, you can recommend. Thanks for your time
Laurel: You can try John Pratt over at Ira Kurban's office in Miami. He was on the waiver panel with me at the National Conference last year. I don't think he has much experience with foreign-filed waivers, but I know he's done a few in court.
CJ: Are we allowed to turn in pictures at the info. pass appt.?
Laurel: Well, we dont' use InfoPass for the appointments any more. Its now just a Waiver Appointment. But yea, I often include photos in the waiver packet. just a few, though.
Mgarcia: Laurel, he was paid in cash, he worked in a ranch... he did not have a bank account.. do you think this can be a cause to be backlogged?
Laurel: It wont' cause the waiver to get backlogged. Its an issue of whether he's 9C inadmissible and that will be adjudicated by the consular officer.
jennifer: also my i 130 has been approved since 2003 is ok to use the same or i have to do it again?
Laurel: For 245i or abroad filing? If its the latter, was the case ever sent to NVC?
Mpls: Will log of this chat be available?
Laurel: LauraFern will probably post
Mpls: Will log of this chat be available?
Laurel: LauraFern will probably post
CJ: will my wife actually get to talk to the officeer at the info. pass? Or just wait to see if she will be approved?
Laurel: She will talk to someone at the window, but that is not the officer deciding her case, so 'no'.
Mgarcia: How can i know if he is going to be found 9(c) inadmissable... should we not take the risk then?
Laurel: That's up to you. I think you'll probably be fine, but you need to understand that there is some risk of this happening.
Lynette: I'm watching a live feed of the Obama rally in Dallas! A lot of Latinos showed up. That's a good sign! I wanted to let all Texans know Early voting is NOW!!! Go vote. Please!!!!
Laurel: Yes, please everyone vote for Obama. He and Clinton have quite similar platforms and are in substantial agreement on most of the policy issues. However, while I think that Clinton is a brilliant woman and would be an excellent administrator and diplomat, I think Obama is a better LEADER. Obama can change people's minds better than Clinton can. And for immigration reform, it is imperitive that we change the minds of the public.
Lynette: Since you found the time to be online now in Laurel's chat, please find the time to look at the Live Feed of Obama's rally speech going on right now. He will be on any minute at myfoxdfw.com.
Laurel: What all of you really need most of all for your immigration cases is reform. Electing Obama is a huge first step toward achieving that. Please do it for your families and your communities.
july02: Hello Laurel, do you think there is a better chance of getting approved after a denial by requesting a new interview or going through the whole appeal process. My case was denied because my hardship letter was not properly done. Thank you
Laurel: Depends on the reasons for denial, but generally speaking if your first waiver packet was kind of crappy and you think you can do substantially better, than refiling is better than an appeal.
Mgarcia: Laurel would a letter from the ranch owner make any difference, if so i can try contacting him if i find him
Laurel: it might
jennifer: well at the time by mistake we sen the 485 but imigration send back cause we did not meet the 245 so we staop then and now we want to do it for cd juarez
Laurel: Then just file an I-824 for the already-approved I-130
Laurel: Ok, guys. It noon. I'm going to sign off now. I'll see you all next week.