Moderation starts.

Laurel(P) Whoa! Lots of people today!

Laurel(P) I think we'll just jump into questions then. Go ahead and post.

bloom01(Q) F2A visa regression with Perm Res petitioner: If the beneficiary was 20 when DS260 was submitted (Dec ‘13) and the priority date (25FEB13) was current (current in Feb/regressed in March), but regresses before interview was scheduled, does the benf age lock in at 20? Forever?

Laurel(A) That's a tough one. I don't think so. I might have to go research that one.

Laurel(P) I actually do enjoy it when someone brings me a new puzzle I hadn't seen before, which is relevant to may area of expertise. So, thanks. I'll look that one up.

Karameh(Q) My mother was determined to be inadmissable to the US according to INA 212(a)(6)(C)(i) (Material Misrepresentation). The CO told her that should could file an I-601 to refute this. However, she has no qualifying relative. I am her son, and I want to know if I can file the I-601.

Laurel(A) For misrep the qualifying relative must be a USC or LPR spouse or parent. Not child. Unfortunately you are correct that you are not a qualifying relative.

Michelle(Q) My sister was on F1 student visa. She went to Europe for few days on vacation. On the way back she was questioned by US customs. She was accused of violating visa terms by working outside of campus. She was denied entry, ordered removal and prohibited from entering US for a period of 5 years. If she marries a green card holder who’s currently divorced, however has a child in US and was ordered joint child custody (child is 4 yrs old), would this be considered a hardship that wouldn’t allow him to leave US? Would my sister be able to file I-212 to remove that 5 year bar for the removal based on the fact she needs to be with her husband and be able to come back to US?

Laurel(A) She needs an underlying immigrant visa in order to file an I-601. The LPR spouse can be a qualifying relative for the waiver, but first she has to get an I-130 approved and get an immigrant visa case before the consulate. So you have several technical issues to get past before you can even start asking questions about hardship and by then the hardships will have changed as they tend to change over time.

Tania(Q) I would really appreciate if you can give me some kind of answer please: My friend was arrested at a check point in el Paso tx. and they are charging him with a false claim to USC as a felony. He has lived here for 17 years and has never had any problems whatsoever with the police or anything, and he has two daughters that are us citizens. Is there anything that can be done for this charge to be removed or reduced since the punishment is so harsh and he would be deported indefinitely??

Laurel(A) You say they are charging him with a felony, meaning they are charging him criminally. That is extremely unusual. Border officials don't like to do that because then (a) the Bill of Rights applies and the government officials have to follow all kinds of rules they are used to ignoring, and (b) he would be entitled to legal representation at government expense (i.e. the government has to pay for his lawyer) if he can't afford one. So they only charge people criminally for immigration violations if the person has been deported mutliple times or is engaged in some sort of organized crime. Either there is more to this story or you are mistaken about them charging him with a felony. More likely the latter. On the subject of flase claim of citizenship, while the consulate in CDJ makes that charge liberally, CBP usually does not. If CBP is charging him with false claim of citizenship, I'm inclined to think there's more to the story than the facts provided here. If he made a false claim and he is still present in the US and has been here over ten years, he might be able to resolve the problem with Cancellation of Removal. If he's abroad now, there's almost certainly nothing that can be done without a change in the law.

Genevieve(Q) Is there any waiver i can send to refute a misrep charge? I do not qualify for an I-601, and I have strong evidence for how she was not at fault. How do I present this information, and to what office should I direct the evidence?

Laurel(A) You can either present it to the consulate or you can hire an attorney to file an Advisory Opinion request. Only an attorney can do an Advisory Opinion. A pro se application ("pro se" means you don't have a lawyer) cannot. I think that sucks, but I didn't make up the rule. But I do have to say that the Advisory Opinion office will only entertain questions of law, not questions of fact. And it sounds like what you have is a question of fact (though I wouldn't know for sure without reviewing).

Ksenia(Q) Hello Laurel. I came to U.S. with H2B visa in 2007 and overstayed since. I used fake green card with my name for employment only. I was never caught and no criminal history. I got married to U.S. citizen and going to do AOS. Do I need to tell about it in I-485? Would it be moral turpitude? If so do i need to file a waiver? Which one? Is it consider under 212(a)(6)(c)i? I never used fake documents for immigration. Thank you so much.

Laurel(A) When you get a job you have to fill out a form I-9. Generally speaking, any government form beginning with the letter "I" is an immigration form. If you provided false information on the form I-9, then you committed misrepresentation for an immigration benefit, i.e. employment. There is a question on the I-485 regarding whether you have ever previously committed misrepresentation. Technically your answer to that question is 'yes'.

Laurel(P) But when you answer 'yes', you will be asked to submit an I-601.

Angelique(Q) Hi laurel, have you had any 601a cases reopened?

Laurel(A) Yes, but only for them to confirm the denial. Has happened three times.

Blue(Q) Hey Laurel, super sorry coudnt log in for some reason. I emailed the questions for todays chat to you just a few mins ago but will post them too.

Laurel(A) Well then I know your real name now.

Blue(Q) From LaLa: we have our first interview (601 waiver) scheduled in CDJ on a Wednesday in May (21st). if we arrive on the saturday prior, will that Monday and Tuesday be sufficient time for the medical exam and the biometrics appt or should we travel there earlier to be safe? i'm not sure of any holidays and if or how that affects the process. thank you.

Laurel(A) Medical Monday. Fingerprints Tuesday. Interview Wednesday.

Blue(Q) From Marlene: my mom entered illegally i am a us citizen and my father an lpr. We were doing the consular processing and when Cdj came my dad was going to submit the waiver. We have an approved i130 and now need to submit more evidence for the i864. Anyways both lawyers shes consulted kept telling her that was the biggest mistake and my dad an lpr cannot submit a waiver for her. Just found out about PIP, my brother is a US Marine in the reserve, served for four years. Since she has this open petition from me, would i need to cancel that petition in order to submit the PIP? Does my mom qualify for PIP. She has no criminal record entered illegally?

Laurel(A) Technically the foreign national (your mother) submits the waiver application, not the qualifying relative. So, your mother would be submitting the waiver application. Your father would not be submitting it for her. But he would be the qualifying relative. I'm not really a PIP expert, but I think PIP is unlikely as your brother is in the reserves, rather than on active service. You should do a consultation with Margaret Stock to be sure as she is the country's leading PIP expert. Actually, she just won an award for her work advocating for the PIP program. There would be no reason to withdraw your petition while you pursue PIP through your brother. Also, if your father is eligible to naturalize soon, then your mom would be able to do a Provisional Waiver (I-601A), so it would seem preferable to do that if possible.

Blue(Q) From fiore: Hi Laurel, I am now a LPR. I am planning to apply for citizenship in 3 yrs as I am married to a US citizen. When I submitted my paperwork with USCIS and NVC I mentioned that I had been detained (throwback) at the border when I was 13 yrs old. Yet, I marked "no", to the question that asks about been detained by any immigration officer. Should I do the samething on my future citizenship application? Or should I just not mention that detention at all? Thanks!

Laurel(A) There's case law that says when you answer 'no' to a question about criminal history or other history when you should have answered 'yes', but in the same application you elsewhere provide information about the incident, then it's presumed that when you answerd 'no', it was just a mistake and not an intent to commit misrep because essentially you provided the information. So in the future there would be no reason to conceal the previous incident and no benefit to concealing it.

Blue(Q) from mrangel: Hi Laurel! My husband, a US Citizen, wants to apply for his parents. They currently live in Mexico, however they EWI in 1998 and stayed in the US until 2008. They didn't have any problems with immigration. If we submit the I-130 will they automatically get the 10 year ban? What do you recommend? Thank you!

Laurel(A) Yes, they have a ten year bar and it sounds like they do not have a qualifying relative for a waiver. But the bar will be over in 2018. So, just a few more years. If he wants, he can file the I-130 now and then just take steps to keep the case open until they can pick up their immigrant visas in 2018.

Blue(Q) from xYDLTx : Laurel, Question: my question is in regards of our I-601. Our receipt date is Aug 23,2013. So far I have not heard anything on it. I understand it takes approximated 6-8 months for a respond. I've seen a lot of cases get answered/responded/approval of Sept and Oct. and still no words. We submitted a service request and got an answer March 31,2014 stating it has been issued to an officers and we will hear something within 60days. How long approximately will I hear something back. Quick timeline for our case that might be a reason why they are taken a bit longer. My husband has a CIT(felony) NOT Aggravated left on a voluntary departure. Went to our visa appt. officer didn't pay much attention to his crime went really smooth just told us to submit the I-601 and once they receive the approval they will let us know. Also, have 2 USC daughter I am also a USC. Submitted doctors report from Guatemala and US, psychologist report, doctor letter staying my anxiety,depression also proof of no family ties in Guatemala and Mexico ( what are my chances my waiver gets approve) Hope you understand my Two question. Thank you!!

Laurel(A) I have two cases that are well outside that eight month mark and one case that was approved in less than six months. So, they are kind of all over the place wth the processing times right now. It's hard for me to say what the chances of approval are just from the information provided. I don't know what the crime was. You say it's a felony. Ok, well not all felonies are the same. There's a big difference between receiving stolen property (which can be a felony if the value of the property is over $1000), and felonious assault. So, it's hard to say.

Blue(Q) From needinfo?: Hi, Laurel. I'm in the CIL group on FB, but I know you're currently taking a FB hiatus for Lent, so I wanted to ask my question to you via your weekly chat. Do you have experience with beneficiaries in CDJ who can't read or write, requesting that someone accompany them to their medical, ASC, and/or visa interview? (To make this question more concrete, my USC husband petitioned his FN Mexican mother who has never been to the US. We are currently waiting for NVC to close out the case and give us a date for CDJ. FN Mexican mom is 66 years old and can't read or write. Do you think that I (as the attorney of record) or my husband (petitioner) would be allowed to accompany FN Mexican mom through the CP appointments?) Thanks, Laurel! Looking forward to seeing you back on CIL soon!

Laurel(A) My guess is 'no'. But it's up to the consulate whether to let someone in for the consular interview. Sometimes they agree to it. For the medical and fingerprints it's more unlikely that they would say 'no', especially for the reason given.

Michelle(Q) what does it take to get an I-130 approved? I'm not sure what I-130 form is. What are the requirements to get it approved?

Laurel(A) Petitioner has to have the requisite immigration status to petition: i.e. either an LPR or USC. Petitioner and beneficiary have to have the requisite relationship: i.e. either spouses, parent-child, or sibling. If it's a stepchild, you must also prove that the relevant marriage to the beneficiary's parent took place before the beneficiary turned 18. If it's spouses you may also have to prove 'real marriage' though that usually comes after the I-130 is approved if it's a consular case. And ... that's about it. Verification of the identity of the foreign national and inadmissibility issues of the foreign national are almost never part of the I-130 decision as those issues are addressed later in the process.

Blue(Q) From acinom : Hi Laurel, my husband is a LPR since march2013 ( I 601), we had his cousin support as his sponsor (I 864). Question what is the procedure to remove his cousin as his sponsor since my husband has his 40 credits of work. He had a valid social security number issued to him since 1994 from a previous work permit that was issued to him. When he was approved for the green card he was given the same Social Security number. Therefore, has being working for more than 10 years accumulating the 40 credits. Thanks

Laurel(A) He has to have 40 quarters of lawful employment, not merely 40 quarters with a valid social security number. If he had employment authorization or permanent residence continuously, the whole time, for all 40 quarters then the sponsor is automatically released from the I-864 and doesn't need to "do" anything to be released from it.

Laurel(P) It's very exciting to have so many questions this week. I am enjoying it. But due to fewer questions in prior weeks I had shortened the time for the weekly chat to 30 minutes and made lunch plans with my sister for noon today. We've now been 'at it' for 45 minutes and I'm going to have to take off. There are still lots of questions pending. Please come back next week and re-post those questions. Great chat, guys. See you next week.