Moderation starts.

Laurel(P) Good morning. Let's get started.

Laurel(P) I don't have any pre-submitted questions this week, so it will all be 'live'.

Laurel(P) No major announcements for the office since last week. As I've stated previously, I will resume my webinars in January. I will post the dates on my website when I have them. There will be no chat next week as that is Christmas Day and my kids have me to themselves. There will be a chat in two weeks on New Year's Day.

Laurel(P) No major news in the world of immigration law. We are waiting on a number of policy memoranda from DHS and we are waiting on Congress to recommence discussions on immigration reform. There are a few minor developments to report: (a) I-130 processing times have further decreased and are now at around 6 and a half months and falling, (b) I-129F processing times have further decreased and are at around three months or less, (c) it is taking longer to get a consular interview at many posts, most notably CDJ, where they are now sheduling appointments 6+ weeks out, and (d) Mexican Immigrant Visa cases received by NVC after December 2, 2013 are being assigned a "CDJ" number instead of a "MEP" number and the documents should be submitted by mail instead of electroncially. Apparently the "MEP" thing was an experiment and for the moment the experiment has been canned.

Laurel(P) If you have a "MEP" case you still need to submit documents electronically. Only mail them in if you have a "CDJ" caes.

Laurel(P) No questions pending.

Laurel(P) I can keep talking.

Laurel(P) I have conferences in February. When these conferences were first put together the organizers planned on having people discuss changes in the law. But they've recently been telling the speakers to can any plans to discuss changes in the law. That should tell you a lot about how much faith immigration practitioners have that there will be major immigration reform in the near future.

Laurel(P) In regard to approval rates for the Provisional Waiver program, USCIS has promised to re-evaluate its standard for approval and has implied that we will see higher approval rates in 2014. Obviously, every case is unique so whether "your case" will be approved depends on the facts and evidence specific to the case. Many attorneys, including myself, report that MTRs filed months ago have not been re-adjudicated. Many of us theorize that the government is hanging on to them pending issuance of the new standard for approval. While we do expect USCIS to publish a written description of changes to the Reason to Believe grounds of denial, we do not expect that changes to the Extreme Hardship standard will be made public. We'll just know that the standard has changed because approval rates will go up.

Laurel(P) We've got a few questions.

Rob(Q) Can you shed some more light on decreased i130 processing times? On USCIS website, it still says that they are processing February applications. Also there are no signs of Overland Park facility being fully operational yet. Wish USCIS kept us all honest about it

Laurel(A) I just had an approval for one I filed at the end of May. Why do you think there are no signs of Overland Park being fully operational? Granted, this approval in my hands is from Nebraska, not Missouri.

Laurel(P) I-130 processing times increased when (a) I-130 adjudicators were reassigned to DACA cases when DACA started abruptly, and (b) a lot of people waited (unnecessarily IMHO) for the Provisional Waiver program final rule to actually come out before filing their I-130s, which increased volume. Processing times are decreasing because (a) the initial rush of DACA filings is over, and (b) there were lots of complaints about increased I-130 processing times. The USCIS goal processing time for I-130s is six months. They are trying to bring it back to that goal time.

Rob(Q) I have read on multiple forums that people are getting approvals from Californial ,Nebraska and Texas but not overland park. If they were fully operational then someone would have received an approval so far directly from them?

Laurel(A) I don't have an answer to that at this time.

Laurel(P) I'm trying to get on the National Benefits Committee for next year. If I manage to get on, my term would start in I think May or June.

123me(Q) 123me: Hello Laurel. After an approved I 130 how long until NVC contacts us? Is there anything we can do to speed up the process?

Laurel(A) Usually two to six weeks. I start making inquiries some time after 30 days from the I-130 approval date. No, there is nothing you can do to speed up the process and if you try, you are more likely to slow it down.

Laurel(P) For those of you looking for an attorney, the week before Christmas is usually a good time. Usually potential clients are so busy with holiday preparations, they put off looking for an attorney until after the holiday. So there's a lull in consultations. That means you may have a little more bargaining power, especially if you're able to pay upfront. Lawyers may be willing to negotiate a lower fee if you pay upfront in time enough for them to spend the money on Christmas presents for their kids. But, business usually picks up dramatically in the few weeks following Christmas, so you don't have much of a window left.

Laurel(P) Same thing with plastic surgery if you were thinking about that.

Laurel(P) No questions pending. Slow chat week.

Laurel(P) Also in 2014 I will get back to the book I've been writing on waivers. I've got an outline and about 30 pages. Looking forward to getting back to that project. I've cleared a lot of cases off my docket recently, so that frees me up enough for these other projects.

blue(Q) What do you mean about being on the NBC committee? What does that allow you to do?

Laurel(A) It means I would fly to Missouri with other AILA members and we all sit down with government officials and adjudicators in a big room and talk. We ask them questions. We give them feedback.

Laurel(P) I used to be on the Interntional Operations committee for about two years. We had quarterly meetings with the government. Three of them were by phone and then once a year we flew to DC and met at USCIS headquarters.

Laurel(P) Even though I wasn't on the committee, I did get invited to a special liaison meeting in May of this year in Missouri. Here's how it plays out for one of these meetings ...

Laurel(P) We (AILA members) send them a proposed agenda and proposed list of questions usually several weeks or even months in advance. They revise the agenda. They research answers to our questions so they can be prepared. We arrive at the Service Center. Our names are on a list. If your name is not on the list, you don't get in. No last minute additions. We wear suits (immigration lawyers don't always wear suits). So do they (government officials don't always wear suits). They invite us into a room with a big conference table or series of tables. We have little name tags on our seats. There's coffee, water and cookies on a table in the corner. There's also an agenda and some handouts at our seats. After some pleasantries and small talk, we take our seats. We go around the table(s) and introduce ourselves. The government gives a presentation, often going over some sort of progress report stating how many cases they've adjudicated and what the backlog is. The person we've designated as a meeting leader then thanks the government for letting us come and makes a few pleasant opening remarks. We then look at the agenda. Usually a government official reads a pre-submitted question and spends a few minutes providing an answer. We raise our hands for follow-up questions on the topic. We move on to the next question. Repeat. We usually run out of time.

Laurel(P) Sometimes we provide them with information they don't know. We raise concerns of attorneys and applicants. We make suggestions. They nod their heads and say they will take it under advisement. It's all done very cordially and professionally. Attorneys who are too confrontational are not asked back.

blue(Q) That's awesome. I just got off the phone with a Tier 1 rep who told me apparently NBC lost power at the end of Feb this year and that also caused a delay. Then a Tier 2 rep told me that according to his system, it shows my petition at NSC as "record is in use" and was accessed yesterday, he even gave me the specific time and repeated this info later in our conversation. I am not all that trusting towards what these reps usually say ..lies *cough* but do you think this is? I am so sick and tired of waiting.

Laurel(A) The reps you talk to on the phone are at a call center and are looking at information in a computer database. I don't know that they are lying, but they probably have very limited information.

Andrey(Q) The question i have is about the waiver and estimated costs assosiated with my case

Laurel(A) Every case is unique, so the cost of your case may vary. But for a waiver case you should expect to pay $5000 to $15,000 in legal fees, with the low end being for an attorney less experienced in this area, an attorney who will hand most of the work over to a paralegal, or an attorney who places a low value on his/her expertise. Really for someone good you should be looking in the $8000 to $11,000 range just as an approximation.

Andrey(Q) after I130 interview what are the time frames to apply for a waiver

Laurel(A) If you had an I-130 interview, you either have major complications in your case or your I-130 was prepared incorrectly. Either way, an I-130 interview means delays.

Andrey(Q) Mrs. Scott, I know that I do need a lawyer for my case. I've read a lot on different forums about you and how successfull you are. I want to know if you would be willing to take my case. I have called you couple of days ago and left a message.

Laurel(A) It's not "Mrs." I've never been married. Until a woman tells you otherwise, you should use "Ms." To response to your question, I have to do the consultation before I know wheteher I would take the case. If you would like a consultation, please click on the "consultation" button near the top of this page and follow the instructions for a consultation. I need you to complete the intake sheet and pay the consultation fee. My office will then contact you by email to set up a time to talk on the phone.

blue(Q) How long after an approved i130, is the case sent to NVC, get a cse #, are we able to pay the IV fees, etc? Now that Mexico filers are no longer MEP, does that mean we send in original birth certificates and such? Do we ever get these back?

Laurel(A) If the I-130 was properly completed then USCIS will promptly send the I-130 to the NVC shortly after approval. You should expect to hear from the NVC about two to six weeks after I-130 approval, usually by email. You would never send your original birth certificate anywhere as it should be locked in a government vault. What you will need is a certified/official copy of your birth certificate, usually issued by the government agencies that has access to the original. You should order multiple certified/official copies of all vital records as the immigration process is redundant and you will have to submit the same things mutliple times. You will not get back what you send in.

123me(Q) What do you think the outlook is for DACA. Do you know if it will be permanent policy or will it be terminated?

Laurel(A) It's a bandaid until CIR passes.

Andrey(Q) We had an interview in the begining of the March 2013, as far as I understand we have about 2 month to submit the waiver to USCIS. Wanted to know are these timeframes correct and whether or not we have anough time

Laurel(A) You have a year to file.

Laurel(P) From the date of consular interview. You can extend upon request.

Andrey(Q) what form needs to be filled to extend it?

Laurel(A) None. You just ask the consulate.

Andrey(Q) Also how much time does it usually takes for you to prepare everything for the waiver

Laurel(A) Two to four months. I used to say six to twelve weeks, but really six weeks is rushing.

blue(Q) Is it normal to be notified that an approved i130 was sent to NVC three weeks after? By promptly, I am ASSUMING (correct me if U'm wrong please) you mean within a week?

Laurel(A) You always have to give the government 30 days to do "anything". Even if something is usually done in a few days, generally speaking, there's no basis for complaint if it's done in less than 30 days. (of course there are exceptions, but sending the I-130 to NVC isn't one of them)

Andrey(Q) That figures. Now how are the contract for your services are prepared. DO they state an hourly rate or the final ammount?

Laurel(A) You'll need to do a consultation to go over fees for your particular case

Andrey(Q) Do you provide any warranties? WHat are the % of winning cases do you have in your practice?

Laurel(A) I do not guarantee success. Chances of winning depend n the exact facts of your case.

Laurel(P) It is noon. As I stated earlier, next week is Christmas, so I will see you all in two weeks on New Year's Day. Take care and have a Merry Christmas and a Happy New Year.