Moderation starts.

Laurel(P) Good morning everyone.

Laurel(P) Many of you are wondering about the announcement recently regarding a halt or near halt of removals for non-priority cases. It has even been announced that some people with outstanding orders for removal will be given Supervision and possibly an Employment Authorization Documents.

Laurel(P) The number one thing I want to communicate about these policies is that they are NOT NEW.

Laurel(P) These policies have been in existence for many years. The announcement is that the government is going to go back and review existing cases for opportunities to make better use of these existing policies. These policies are NOT an opportunity for people unlawfully present to gain some sort of lawful status.

Laurel(P) An Order for Supervision is something that can only be obtained when you have already been ordered deported. You cannot go apply for that in an effort to get an Employment Authorization Document (EAD). An Order for Supervision is not permanent residence, nor is it a path to permanent residence, nor is it in any way permanent.

Laurel(P) Many attorneys have reported to me that they are getting calls from people wanting to take advantage of the President's new Executive Order. Unless you are already in deportation/removal proceedings or have an outstaning order for removal, these policies will not help you, and even if you are in deportation/removal proceedings, these policies offer only very temporary, limited relief from actual deportation. They will not resolve your problem.

Laurel(P) Ok, on to the questions.

TSK(Q) From jhernandez317: I read on last week's log that a passport and birth certificate are required for the I-601 process. My husband came here with his parents when he was 10 years old. The only form of identification he has is his birth certificate and Consular card, is that sufficient? Is the passport mandatory since he came when he was a minor? If so, when in the process is the passport required?

Laurel(A) The passport is mandatory. He will have to contact the consulate of his country of citizenship in order to obtain one. He cannot get a consular interview scheduled until he submits a copy of his valid, current passport. If he has never had one and he entered as a young child, he should expect problems obtaining his passport. In our experience with Mexican nationals, Mexico will issue passports in this scenario that are valid only for a short period - e.g. for one year - and only when the applicant proves that he/she is trying to get an appointment at the US consulate in Ciudad Juarez in order to resolve his US immigration problems. Quite often the applicant has to show some sort of request from the US National Visa Center, which demonstrates that he is going through this process.

TSK(Q) from adrianojng: how long takes to i 130 get aproved or dinield im from brazil i don't know why it s taking that long

Laurel(A) Usually about three months right now (which is FAST) unless you have sort of complication such as prior removal proceedings, or if the I-130 is not completed correctly.

TSK(Q) from paolafive: Hi, I am in deportation proceedings in San Francisco ca my last and individual hearing is on 7/11/12 because I have two CIMT married to a us citizen with a I-130 approved I was working illegally for the last 4 Years but I pat taxes ...now I got lay off from work and need to get another job ASAP to pay lawyer and to built a stronger waiver...shoul I used my social security and drivers license number that I just got or continue working illegally and paying taxes......my lawyer tells me that is ok to work illegally because I am married to us citizen but I still don't know what to do.......if it would affect me in court ......please advice.....thank you so much

Laurel(A) I wouldn't say it's 'ok' to work illegally, but some things affect your case more than other things. Sometimes when I tell clients that something is not going to be a problem, they misunderstand and think I'm saying it's 'ok' to do that thing. That's not what I'm saying. I'm saying it's not 'ok', but it's not a big deal. It depends on what it is. I defer to the advice of your attorney on this one because he/she knows your case better than I do.

TSK(Q) Holly & Teto: Hello! I am USC and my husband EWI 10 years ago; he has never gotten DUI or anything serious only minor traffic tickets. We have been together for 10 years and have 2 beautiful daughters. I also have temporary custody of my sister's 3 kids because she was in prison for 3 years, until she can support them they are my responsibility. Is that a good "extreme hardship" for the waiver? the fact that I would be left alone with 5 kids? Thanks!

Laurel(A) It is not 'automatically' extreme hardship to raise five children on your own. But it is certainly a factor to be considered in the totatlity of the circumstances.

TSK(Q) From Lablueeyez: Hi Laurel, I am a U.S.C and I wanted to know If my fiance has an arrest warrant here in the U.S for violation of probation.He recieved the warrant because he was picked by immagration from a raid at his place of employment and therefore was unable to continue his probation because he was supposely voulentary removed and sent back to his country.Will he be elegible to apply for a fiance's visa or a spouse's visa having this arrest warrant?

Laurel(A) It can be very difficult to win a waiver case when you have an outstanding warrant in the US. They don't want to grant the waiver until the warrant and criminal issues are resolved, but usually the criminal courts insist that a person show up in person before they will close the matter. You can't get in to resolve it because you don't have a visa and you can't get a visa because it's not resolved. Catch 22. I don't have a good recommendation on how to fix it. This is a tough one to fix.

TSK(Q) from momof2: My husband has 2 agg factors; EWI and catch and release. In the HSl should the C&R be addressed? Do my health problems 'override' the C&R or do I need to show a rehab for the C&R and EWI? How big a deal is a C&R in the scheme of things?

Laurel(A) I would argue (and in fact I have argued on a brief) that an EWI is not an aggravating factor because it is too common. An aggravating factor is - by definition - something that is worse than the majority of people with a similar case. Since the majority of waiver applicants have an EWI, it cannot be an aggravating factor. The catch and release is an agg factor, but it's a lesser one. I recommend describing the applicant's immigration history at the beginning of the waiver packet. Remember, it's a waiver application packet, not "a letter".

TSK(Q) from ullnvrkno: From ullnvrkno: what does Obama's recent call to halt deportation mean to someone who is in a county jail on a misdemeanor charge with an ICE detainer on them?

Laurel(A) Obama has not called for a halt to deportations. The government's priorities for deportation are the same as they have always been: suspected terrorists, drug traffickers, organized crime, gangs, violent criminals, drug users, sex offenders, felons, repeat criminal offenders and repeat deportees. These people have always been the majority of deportees and they will continue to be deported. There is no halt to the deportation of these individuals. If you are in jail on criminal charges, it will depend on what the charges are. Some violent offenses, drug offenses, and sex offenses are misdemeanors, but the government will deport you for those.

TSK(Q) from san003: Do you know if the new policy on immigration will help somebody with deportation in absentia. But I have not srtarted the process. I am married with a USC.

Laurel(A) As I said at the beginning, it's not really a new policy. It's an increase in use of an existing policy. If you have an in absentia deportation, you may or may not be able to get some relief - e.g. get the case re-opened - but it's not a given. Tread lightly and get an attorney experienced in removal defense.

TSK(Q) from DEB: My fiance's sister filed a 245i for him that was approved in 2001. But his "date" is still many years out in the future. We would like to go ahead and get married. Will we still have to go through the whole 601 waiver process through CDJ, or does the 245i make things easier? He has no criminal record, just a few traffic tickets. Also, I was married in 2003 to someone else that I sponsored who was approved and received his permanent residence. We were married for eight years, and divorced in June 2011. Will this be a problem for us with the new husband?

Laurel(A) The facts as you describe them here lead me to believe he can probably adjust status through marriage to you, using his sister's prior petition to qualify under 245i and then he would not have to depart the US and would not need an I-601. But of course I would have to carefully review the facts in a consultation in order to make a more certain assessment. Your prior marriage is a complication that may cause greater scrutiny of your case, but considering the length of the marriage, should not be too major of a complication.

TSK(Q) FromLillyHrndz: Laurel, thank you for taking the time to answer our questions, we truly appreciate you.... I was wondering if there's any change in how fast the waivers are processed now that school has started again. I know some people take time off during the summer to spend with their kids. Not sure if it's the same in CDJ and possibly (hopefully) there's more agents back at work now Have you ever noticed a pattern at the end of summer?

Laurel(A) Summers are usually very busy in part because a lot of people want to file the waiver in the summer when school is out. Things have not calmed down yet. I expect that to happen in a few months. Waivers are all over the place in terms of processing times. In CDJ I've had some approved in a few months and I've had others that have been pending over 10 months.

TSK(Q) From Bago: I received a "Notice of intent to Deny" in the mail on Friday after being on backlogg for over 10 months. What is your experience with cases that have received these notices? What are the chances of approval after submitting additional evidence or the evidence requested?? Is this something that is very difficult to overcome?? By the way my case is in CDJ and was transferred to Anaheim. The envelope and letterhead is from Anaheim but the last page of the notice is signed by Joseph Roma in Mexico City. Do you know if I send the additional evidence to Anaheim or Mexico City?? Thanks for all your help.

Laurel(A) A NOID for a waiver filed abroad is rare. Really they are being nice to you because usually they just deny it. The fact that they sent you a NOID implies that they think you can win your case if you just give them a bit more evidence. It's good and it's bad. It's bad because they haven't approved it. It's good because you probably have a good shot. As for where to send it, I've seen a similar notice recently where the case was adjudicated in Anaheim, but signed by Joseph Roma in Mexico City. You'll just have to follow the instructions on the notice for where to send the documents. I'm leaning toward Anaheim, but follow the instructions.

TSK(Q) From Marisela09: Hi and thanks Laurel for all the advice you provide for all of us. My question is with the new procedure given to DHS by President Obama, will this help at all to make changes in the near future towards submitting the I-130/I-601 at the same time? Or will it cause more delays. And have you heard anything about bringing back the I-245 (I believe that is the form to pay the penalty to adjust incountry)?

Laurel(A) Please see my above statements regarding whether what the government is doing is new. In answer to your question, the President's announcement will have no impact on I-601s, procedural or substantive, nor will it have any impact on whether 245i will 'come back'. The President was talking about Removals only.

TSK(Q) byfaith: do you think the 601 will take longer than 6 months to get approved or denied if submitted after Nov. 2011 thanks

Laurel(A) I think it will fluctuate, but one delay that will be eliminated immediately is the delay between filing at the consulate and when USCIS actually receives the waiver packet. In some parts of the world that's a three month delay.

TSK(Q) from alejandra_portillo: My question is about the way the waivers will be accepted through a lockbox in the U.S. in the months to come. Does this include Honduras as being processed this way and when would the waiver be sent in, after or before consular appt in Honduras? We hope to have an interview there some time the beginning of next year. Do you think this new process would be in effect by then and possibly affect us? I still dont know whether to go forward with this right now or not! I'm so confused! Thank you for all of your help, for all of us at immigrate2us.net!

Laurel(A) It is expected to be for all countries. The waiver would be filed AFTER the consular interview. It will be an improvement in procedure for waiver filing. The people who will benefit most from the new procedure are South Americans as the consulates in those countries have their own complex and cumbersome procedures for waiver submission, and are notorious for withholding the waiver packets for months before sending to USCIS.

TSK(Q) from leilei: I'm USC. My husband was just denied Visa due to admitting to trying marijuana once in late May of this year. They told him to call back in January to reschedule an interview. Any way to speed this up? Will he be more likely to get approved this time around? Thanks!

Laurel(A) There is no way to speed it up. Until relatively recently, he would have been subject to a three-year delay rather than a one-year delay so thank your lucky stars it got changed to just one year. He will be more likely to receive the visa if he does not use drugs, yes.

TSK(Q) From Babyshaq4: “Laurel and Katherine, first want to say thank you to God for giving me an incredible opportunity to give a big and sincere thank you thank for everything you are doing for this forum, we truly appreciate you and your time.Please give me as much information on this as possible about this question. What’s the importance of the recommendation from the Chief Consul (DOS) on a Waiver Of Inadmissibility to the Adjudicating Officer (DHS)? What weight does that recommendation have on the adjudication of the waiver? Thank you in advance for the answer. God bless you!!!!”

Laurel(A) The Chief Consul (who is the boss of the consular officers) rarely gets involved in a recommendation on an I-601. So if he did decide to insert himself in the process, that would get the adjudicator's attention.

TSK(Q) from Starlight: If i have filed a i-130 and am waiting for apt and my husband is picked up by ice would that complicate our case or make it so we could finish his process here while he is detained? He isn't but just in case the worst happens.

Laurel(A) It would complicate your case, yes. He would still have to proceed abroad to file the waiver, so you could not complete that part of the process while he is here and detained, no.

TSK(Q) from ktmnep: Hi Laurel Does new Obama policy makes i-601( waiver) more easy to get approved? or Extreme Hardship will remain as usual Extreme to get approved.

Laurel(A) See my above remarks on whether the policy is 'new'. The policy regarding removals is completely unrelated to the adjudication of the I-601 waiver of inadmissibility.

TSK(Q) from michohonne: hi laurel i have a I 601 thats ready for adjucation thru athens greece i am a syrian national but my petition is going thru us embassy in lebanon do you think with the situation in syria getting worst i would qualify for an expedite thanks in advance.

Laurel(A) From what I've seen about what's happening in Syria, the bottom has completely dropped out of the government's basic human decency. I would try for an expedite, yes.

TSK(Q) from pamelap80: Hey Laurel! How bad, to immigration, is a (M) common law forgery charge on my hubbys record? (happened back in 2006) And whats the best way to show rehabilitation for this crime? Would it be a good idea for him to write an apology letter? I am terrified of a denial for this.

Laurel(A) It really depends on the details of the crime.

TSK(Q) Good morning Laurel! I have a question about COR - at what age does a child need to be in order to qualify as a relative in this type of case?

Laurel(A) The child has to have been born.

TSK(Q) from marval: Husband did in fact return to Brazil before AOS based on declining health of his father. We successfully got approval on I-601 waiver in April 2011, final visa interview was in June 2011, and we were married this July. No paperwork has been filed yet. Time expires end of September. Would you suggest counsel if couple restarted the process with I-130 (based on your earlier response that honoring approval of I-601 is at the discretion of consulate)? Thanks!

Laurel(A) I don't understand your timeline and question. It sounds like your husband got his waiver and his visa. So what's the problem. I don't understand what your September deadline is all about.

4629slv(Q) My husband entered in June on a CR1 Visa, with waiver. We are married 7 years with children. He has another daughter in MX, age 13, by prev marriage. She has no mother, and thinks of me as her mom, but I have not legally adopted. We did not have the money to file for her at the same time as him, so intended to do it after. My question: I want to divorce my husband, but don't want his daughter to get stuck in Mexico. If I file the I-130 for her now as stepchild, and then file for divorce in the next couple months, will I be required to update USCIS on the change in our marital status at any point in the process? Will our divorce void the I-130 or visa app? She will not require a waiver. Bottom line question, do I have to stay married to him until she gets her visa?

Laurel(A) You have to stay married to him to get her visa.

TSK(Q) from lonelyinus: First of all, thanks Laurel for all that you do. Do you have any idea what month of backlogs they are currently adjudicating? Also are there any changes going on in Juarez as far as adjudication times ?

Laurel(A) They're kind of all over the place. I've had some approved in two to three months without an expedite request and others that have been pending over 10 months.

TSK(Q) for Jesus Nunez: My brother was denied through CDJ (after I-601 adjucation). He wants to re-file. Called the 703# and was told that he would just need to reschedule the waiver appointment, not the visa appointment. Is this a new change in procedure or was my brother misinformed?

Laurel(A) that's a new procedure, yes.

stephluvju(Q) My FIL permanent resident card expired six years ago and he hasn't renewed it. (There is not a valid reason for not renewing it) Can he renew it? What is the process? He has been in the US all of this time.

Laurel(A) Yes, he can just file an I-90 to renew it, presuming it was regular permanent residence and not conditional.

vchavez(Q) Hello my name is Veronica and my husband and I are starting the process! My husband entered the U.S (without inspection) in 1997 (minor) and again in 2000 (18 yrs old). During the first week (2000 entrance) he attempted to enter twice. Of course the first time he tried, he was caught, fingerprinted and removed (all within 1 hour). The second time he succeeded. My question is, is this considered an immigration proceeding and do we have to document it on the I-130 (question #16)? Also, we sent a fingerprint request to the FBI and it came back with only an accident he had in 2007. Does that mean they don't have record of the 2000 removal?

Laurel(A) It sounds like 9C but really I don't have enough information. I don't know how long he was here when he entered the first time. If he was here for more than a year before he left and returned without inpsection, then it's clearly 9Ci. For the removal, it can be hard for an alien to tell the difference between a Voluntary Return and an Expedited Removal. If he thinks it was an Expedite Removal, then really it should've shown up on the FBI report. But you should do a CBP FOIA to be sure. If he's 9Ci then it doesn't really matter whether he's also 9Cii as he would not be eligible to apply for a waiver for 10 years from his next departure.

nrod(Q) Hi Laurel. One more question about this Obama annoucement. What will happen to those folks who have already been granted voluntary departure and are still here waiting for their departure date to be near? Do you think there will be some sort of relief or change in their cases. What about people that were ordered to leave voluntarily and never left? Thanks.

Laurel(A) The only question is about whether you can get an Order for Supervision and an EAD, but if you have VD and you want these things you are basically asking for the government to put a deportation on your record when otherwise there wouldn't be. I'm not sure you want that. As for deportation absconders, I just don't know whether the government plans to give them any relief. Even if they do, it will be on a case-by-case basis, so requesting relief would be risky for an absconder and should under no circumstances be done without an attorney. And bear in mind that the only relief we're talking about is an Order for Supervision and a temporary EAD. It's not resolution. It's limbo.

TSK(Q) For a member that entered the US with a border crossing card and just stayed, how easy is it to attempt AOS? Because there is no paperwork involved with this type of visa what type of proof do you need to gather for your case?

Laurel(A) His paperwork is his Border Crossing Card.

nrod(Q) My brother came to the US illegally as a child. His mother (Honduran) applied for asylum back in the early 1990's and included my brother in her asylum application. The application was denied and they were ordered removed sometime back in the 1990's. They never left. My brother married a USC and applied for AOS when 245I was in place. His case was denied and he was taken into custody and deported due to the outstanding order of deportation. He tried to reenter the US and was caught right at the border. They now live in Mexico. Is he eligible to file for a waiver? If this question is too long, I would be happy to pay for a consultation with you. Thanks

Laurel(A) Sounds like 9C. He will have to wait ten years from his last attempted entry before he can apply for a waiver.

Yas(Q) My husband had his I-601 waiver appt in CD.J 6/9/2011. We received a RFE 7/8/2011 requesting I-864. Recieved it US address. Turned it in 7/9/2011. We still have not recieved a response. It has been 76days since interview Any recommendations?

Laurel(A) Um, was it CIS or the consulate requesting the I-864? If it was CIS, then they may be reviewing the case for fraud. If was the consulate (which is more likely), they may be waiting for you to schedule an appointment online. I'd have to look at the documents.

M(Q) Hi Laurel, question: in Affidavit of Support (I-864), question 25 ask for your total income according to the tax return. I filed jointly (petitioner) with my husband (immigrant). If that number includes the immigrant's income that was earned by working illegally, then what is the correct number to write on that line? Would it be just my income according to the w2? or do I still write the joint total income according to the tax return?

Laurel(A) It's what's on the W-2. Yes, it's confusing because they want the AGI but without the alien's income. But you can't just subtract his income from AGI to get your AGI. So you end up using the income on the W-2, which is not AGI.

roshan(Q) My husband has volunatarily deported to Pakistan in 2004. I-601 waiver was denied in 11/2010 and I filed a I-290B Notice of Appeal in 12/2010. But I have received no communication from the Adminsitrative Appeals office in Washington DC. Husband has been found inadmissable under 3 areas in 212 Moral Torpitude , Fraud and unlawful residence. Can you please provide some guidance to help me to bring him back to the USA. I and our daughter are USA citizens, and we have been in limbo for the past 7-8 years.

Laurel(A) You should inquire with the AAO to make sure the case has been received. Your list of grounds of inadmissibility alone make me think your case has a low chance of approval despite how many US citizen relatives he has.

Laurel(P) It is after noon. There are several questions still pending. If I did not get to your question this week, please come to the chat next week. Or, if your question is urgent, you can always schedule a private consultation. See you all next week.