Moderation starts.

Laurel(P) Good morning. The chat will begin in just a moment.

Laurel(P) It is 11:00 and the chat is now beginning.

Laurel(P) First, a few announcements.

Laurel(P) As some of you are aware, we recently had some changeover in staff, due in large part to babies being born. Both my associate and my assistant/accountant left to have babies and decided that they will not be returning. We have hired some new people to fill the void.

Laurel(P) Ashley is our new receptionist/assistant. She is the one who will schedule consultations, inform clients when we receive their faxes and mail, make copies, etc. She may also provide some assistance doing data entry on the forms.

Laurel(P) Our former paralegal, Aubrey, has returned part-time. Aubrey departed the firm two years ago when she adopted a newborn. Her daughter is now two years old. Aubrey will provide assistance in preparing petitions and NVC processing. Aubrey is also quite adept at drafting briefs and will assist with that as well. As Aubrey used to work for the firm, she does not require training and is getting back in the swing of things quickly.

Laurel(P) Our accountant, Gloria, has agreed to continue providing assistance and guidance a few hours a week even though the baby is expected Feb 1. She agreed to continue doing a few hours a week for as long as we need her. I should point out that Gloria is also my sister. She has a degree in accounting and over ten years of accounting experience.

Laurel(P) And lastly - before we get to everyone's questions - we will be welcoming a new associate attorney on January 2 as she has formally accepted the offer of employment and is giving her notice at her current law firm. Her name is Stacy Spain. Her law degree is from Loyola. She is licensed in both Texas and California. Stacy was chosen from a large pool of well-qualified candidates. I felt that Stacy was the best fit for Scott and Associates. As I said, she will be starting Jan 2.

Laurel(P) On to the questions.

tropical(Q) from steven: Dear laurel Scott I need some hlep what do I do if its been 120 day and I have not received a receipt number from uscis and they tell me I would have one in 120 days but now they can't find and thing on my wife now we where send to uscis for lack of evidence on a i-601 just want to no if I should beworried or is this normal to not have a receipt number by now

Laurel(A) It depends on where you filed. In-country waivers always get a receipt notice. Foreign-filed waivers almost never do.

tropical(Q) From MyAmado, Hello, once again I would like to know if my hubby is returning from Honduras with his visa. Where would his POE be, flight is from Honduras to El Salvador to Los Angeles, California. Will he need a long layover in El Salvador? Or if he has to enter through Texas or Miami POE? Thank you and hope you understand

Laurel(A) There is no designated POE where he has to enter. He will most likely process through the first place where the plane lands, so if he has a connecting flight to another location then indeed I would make sure he has a layover of a few hours just in case. It shouldn't take him but a few minutes to get through Immigration (plus time waiting in line), but you want some cushion in case anything 'comes up'.

NSLP(Q) good morning

Laurel(A) Good morning

Laurel(P) Can I just say how happy I am that Aubrey agreed to come back? It's so good to have someone here right now that doesn't need training.

tropical(Q) from vianey: I have a friend whose husband was given the 9c ban at the visa appt. He is from Guatemala. According to him he got caught while coming into the US at the Baja California border by US customs-fingerprinted and released. He was told to return for a court date but never did. This was in 2003. I read the papers that they gave and it states bans 9b I know that's the 10 yr waivable ban and then 9c which they hand wrote along with "for previous imm deportation". They also checked the I-601 box but then crossed it out and referred him to 9c description. I though you only got a 5 yr ban for not showing up to a deporation hearing? Anywho I advised her to request a FOIA to see what really happened with that apprehension. I also advised her to make an appt with you.

Laurel(A) Sounds like a mistake, but I would want to ask questions. Please note that it can be very difficult to get the consulate to reverse a mistake like that, though it's really Ciudad Juarez, not Guate that's notorious for not reversing an erroneous 9C finding.

tropical(Q) from mrs.robertstorey: Laurel, I called your office this week. I'm interested in a consult but first I have a small question - what are the legal consequences for working part time while on a tourist visa? No overstay involved. Thanks! Looking forward to your answer!

Laurel(A) If it was within 60 days of entering on the B visa or VWP, then there's a presumption of fraud and lifetime bar under 6Ci for which you would always need a waiver. If it was after 60 days, then there is no presumption of fraud.

tropical(Q) From ReesieNHamid - I am a US Citizen, and my husband a citizen of Morocco. We received approval for our i 130 on April 29,2011. My husband had a pending asylum case, but at the Master Court Hearing requested voluntary departure. However, due to our case being transferred to the local field office in Atlanta, our case was never forwarded to the NVC, although our application indicated that specifically (consular processing in Morocco, as my husband does not qualify for adjustment of status for K1 visa entry. I have been told that my file is currently with ICE, and USCIS cannot forward until the case is return, but why would have it have never been sent? USCIS made an error in retaining the file, but I do not know how to get this corrected, so that we may continue the process. Do you have any suggestions?

Laurel(A) File an I-824

Laurel(P) Of they are saying an I-824 would do no good, then file a new I-130. You shouldn't have to do that, but it may be the fastest way to resolve the problem.

tropical(Q) lonelyinus: Good morning, Laurel! I am curious. My husband was referred on April 14th and I got an e-mail stating that his case is still in Juarez, however, I was reading that none of the backlogged cases are in Juarez, is this true? I got the same response from the Senator's office. Also, when I call the visa center, they tell me it is taking approx 8 months and that I should expect to hear something next month, is this true or is it something they just tell everyone? I am trying to stay so positive, but the run-around makes it hard! Thanks for your help, it is greatly appreciated!

Laurel(A) As far as I know, at the moment, none of the referred cases are being adjudicated in CDJ. That does not necessarily mean they aren't sitting there waiting to be forwarded to another office. It is also possible that when they get more adjudicators, some of the cases that have not yet been transferred could be adjudicated in CDJ. Please also note that the computers are not updated very often. So it could have already been sent elsewhere, but the computer shows it is still in CDJ.

tropical(Q) from michohonne: hi laurel after submitting the RFE to uscis in athens concerning i601 if everything is ok do my file go back to end of the pile or they finish where they ended? and do you think the situation in Syria considerd a level 1 argument? thanks

Laurel(A) Shouldn't go to the end of the pile, but might not be adjudicated within the standard processing time. Things in Syria are pretty bad and that will be a factor.

tropical(Q) KPontes: My husband lost his I-94 card and when he renewed his passport upon returning to brazil (not deported) they didn't return his old one to him that had his old US Visa in it. We didn't do an FOIA through any of this process and we are coming up on our interview. I am curious as to what they will say or do about this. Will they just look up his Alien number anyway or what? It wasn't an issue for the I-130 nor was it with NVC so I'm assuming it's not a big deal? Thanks.

Laurel(A) Probably not a big deal.

tropical(Q) from tropical: what are the consequences of an ambassador not being reappointed to the embassy. As is the case with Apontes (Senate giving a hard time for an alleged romance with a Cuban?) in El Salvador. How will this affect I-601 processign if she is not reappointed after December 2011.

Laurel(A) The US has embassies in foreign countries that handle matters of diplomacy with the foreign country. And the US has consulates in foreign countries that deal with visas and US citizen services. The embassy is run by the Ambassador. The consulate is run by the Consul. Usually we have one embassy per country and several consulates, depending on the size of the country. Usually there is a consulate at the embassy. Both the Ambassador and the Consul work for the Department of State. But the Ambassador is not involved in the immigrant visa process or the I-601 process.

LMNOP(Q) Hello Laurel, thank you as always for chatting! If an EWI Mexico had 1 catch and release at the border then crossed successfully, but on their way to Illinois they were caught (Nebraska) and detained by ICE in prision for 1 week, then released and just stayed in the US...FBI fingerprints came back with this occurance...did not go before a judge, but may have signed something (FOIA papers were sent in and waiting on response)...is there a chance to apply for papers w/ marriage, or would they receive an auto bar?

Laurel(A) He may have an in absentia order for removal, which means he would not be eligible to apply for a waiver for five years from the date of his next departure.

tropical(Q) From Mdrno: my husband did have a problem once. it was in 2008, my husband was treated like **** from a sargent (cop) and he arrested my husband and accused him of hitting him! my husband doesnt really understand english and he just signed whatever they gave to him because he just wanted to get out of this mess. so the real truth does not matter when he signed the paperwork. he went to court and cleared the case and paid fines. His case was dismissed but im scared their going to deny him the VISA. my question is that its possible for him to be denied a VISA but eligible for a waiver right????? ORRR if he gets denied the VISA, thats it and theres nothing he can do?? Thanks you so much!

Laurel(A) The policy of USCIS is that they will not 're-try' criminal cases as part of the waiver process. If the person had pled guilty or has been found guilty, they will presume he is guilty and will not give consideration to protestations of innocence (the only exception would be if you claimed the conviction was bogus and occurred for political reasons - I've only seen once in my career when I was convinced that the client was convicted abroad for purely political reasons and it was a Northern Ireland case where the accused was the son of a Sinn Fein official). So they will presume he hit the cop and obviously that's not good. I don't want to say your case has no hope, but this conviction is going to be an aggravating factor.

tropical(Q) From PrayingforaMiracle: Good morning Laurel, and thank you. I have a question about the DS-260. Our case was complete in August and my husband is in Mexico waiting for a January visa interview. During the time apart we have gotten new information about when he entered, and it turns out that we were off on the date by a month. My husband truly thought that he came in April of 2003, but his employer finally gave him the info we needed and it turns out that he actually came in March of 2003(he started work a week after he came here). How do we go about correcting this information?

Laurel(A) You correct it at the start of the immigrant visa interview.

tropical(Q) from ktmnep: What's happening with Lockbox Acceptance of I-601? Any news about that?

Laurel(A) No news. :(

stephluvju(Q) My nephew is awaiting his appointment notice for residency in Ciudad Juarez( 16 yrs; mom naturalized US citizen; lives in US) my question is are there any exceptions or exemptions for minors? Will he have to do the pardon too? (He's been here since he was 2) I may be grasping at the air but because he is in school we don't want him to be gone too long. Thanks, Laurel.

Laurel(A) For 9B, but not for 9C. If he entered at age 2 and has no other prior removals or prior unlawful presence, then there shouldn't be any 9C issues. So if it's just 9B, then he does not start accumulating unlawful presence toward the bar until age 18.

Laurel(P) Watch out for false claim of citizenship, which does apply to minors even when someone else was speaking for them.

tropical(Q) from leilei: In Aug my husband (EWI) had his first consulate appointment in CDJ. He admitted to trying marijuana and had his visa denied. The officer instructed him to reschedule for Jan 2012. Online January just opened up, so we got that scheduled. My question is: I know that we have to bring the ds 260. What else is required? Should I fill out another application? Do I have to repay the app fee? AOS? Anything else? Thank you!!

Laurel(A) They keep changing the way they do things. I would send them a message asking them what they want.

tropical(Q) From MyAmado: Hello Laurel, Hope you had a nice Thanksgiving. Well my question is, Is there a way to find out if the4 cosponsor was infact used as a cosponsor? Reason my hubby was approved and theyrequested a cosponsor, but when he picked up his visa they gave him back the last packet turned in with all of the cosponsors information and I864. Thank you in advance

Laurel(A) No, there's no way to find out. And yes, that's curious.

Laurel(P) You could do a FOIA and those documents might be in there, but I don't think it will really answer your question. I would presume that they are 'on the hook' as co-sponsors.

tropical(Q) Momof2: how long does it take to hear back on a medical expedite request? Is that time business or calender days?I emailed ours nov 15 if approved how and when do youthink we will hear?

Laurel(A) They will almost certainly never tell you whether your expedite request was granted. You will know it's granted because the case will be approved faster than expected. If you do not hear anything within 30 days of the request, you presume the expedite request was denied. They do not issue notices on this.

tropical(Q) Mariposa1223: On the I-130 where it says other names used does that mean other names that the immigrant has used to work or is it for example a maiden name? If it is names used to work with is there consequences for listing those have you experienced any problems in the past with this? Thanks for your help.

Laurel(A) It means all other names used, such as aliases, maiden names, nicknames, prior married names, etc. If by revealing your prior alias you are also effectively revealing a name under which you were arrested, well ... that's part of why they ask. Where it becomes a problem is when someone has been applying for immigration benefits under several different names that look pretty different. For example, let's say that Eduard Jose Lopez Garcia applies for a visitor's visa under the name Eduard Lopez. He gets denied and then re-applies under the name Jose Garcia. Ok, they're both his name, but most people would say he's trying to get away with something. I've seen this sort of thing happen and the government doesn't like it.

tropical(Q) Kpontes: So our visa appointment is Dec. 15th and today I received an email saying from Rio confirming our appointment date and time but that they realized we were missing a document: my tax return/transcript from 2010. Here's the thing though: I haven't lived in the US since 2008 and haven't even worked since 2006. I am the petitioner but my father is the co-sponsor. What should I do? What do you think they want/need to see if I don't have anything like this to show them?

Laurel(A) A signed letter from you explaining that you were not required to file a return as you hadn't worked in 2010, and noting that you have a co-sponsor.

tropical(Q) Isarturo08: We've seen several approvals coming from Anaheim CA, on "initial review". How will that affect those referred and transferred to Anaheim (or any other field). Will backlogged waivers be on stand still until they get through those pending from Aug 18 and on? I appreciate your help.

Laurel(A) Well that's interesting. Weird, but interesting. I'm not sure how they are making that happen logistically since the visa has to be issued by the consulate. I'm not sure what they are going to do to resolve the backlog created by staff problems. They might not know how they are going to resolve it.

tropical(Q) FromIM: Our I-601 waiver was cancelled b/c our appeal was approved. Can we get a refund on the I-601 fee since we didn't request the I-601 to be cancelled?

Laurel(A) No

tx(Q) Is it okay if i send copy of police, marrige, and birth certifucate to NVC and ubmit te orginal certificate at interview

Laurel(A) Well, the original marriage certificate and birth certificates should be in a vault somewhere. I think you mean the certified/official copy. For the police certificate, we are talking about an original, yes. If you are doing electronic filing, which is now the norm for CDJ, then an electronic copy is never a certified/official copy (though one day it may be). For other locations, NVC required the certified/official copy. And you should ALSO bring another certified/official copy to the interview. Be sure to order multiple certified/official copies of vital records.

LMNOP(Q) Congrats to your staff for the babies and life changes, and to you for the new/old staff!

Laurel(A) Thanks. Looking forward to my new niece.

LMNOP(Q) (to add to the previous question...the EWI Mexico who was detained for 1 week said they questioned him and the other EWIs numerous times to try and get the name of the person who helped them cross, then finally released them)

Laurel(A) ok

LMNOP(Q) how will he know if there is an absentia order of removal (will this be in the FOIA, or can we tell by the FBI check?), and are there other options?

Laurel(A) Do both. Then you should know.

NSLP(Q) Good Morning Laurel, my question is, my qife used a lady to help fill out all the paperwork, I dont know what her tittle is but she has owned this bussiness for 10 years "Asuntos migratorios" She is not a notary I Know that. She filled out my sister in laws paper work and my wifes cousing(both got approved cases) My WIfe has already gone her waiver interview on sept 26th. I Know you advise to to use a notary,but alot of follks dont know how to fill out these legal forms (they gota get help somewere) What are the chances of this affecting my wife case since its so far along, if it would affect it in anyway wouldn't it have already been flagged long before her waiver appint and made her ineligle? Thanks for adressing my concern

Laurel(A) To clarify: I advise not to use a "notario". While this woman may not be a notary public, she is what we would call a "notario", which is a slang term for a criminal who practices immigration law without a license. There are generally two types of notarios: (a) the super-crooked kind who take money to work on a case and never do the work or commit fraud without the victim's knowledge, etc., and (b) the notario who thinks it's silly to pay an attorney to handle the case and they can do it for much less. This second type of notario may be a nice person who thinks he/she is providing low-cost legal services, albeit illegally. The problem with this second type of notarion (other than the fact that they can be difficult to distinguish from the first type) is that while they probably can handle a simple case by following USCIS instructions, they are unable to identify complications. If they do 20 cases, they don't realize that three of those 20 are different from the rest. They don't have the background and education to identify those issues. For those cases, they screw them up. If you hire the notario to do your case, you are rolling the dice. Maybe things will be fine or maybe this person is going to make things much worse. Considering that it's your family's future on the line, why would you take that gamble? There is too much at risk. It's like drinking when you're pregnant.

stephluvju(Q) Thanks, Laurel. So for 9b no waiver is needed? He just goes to the visa appointment and medical? Thanks

Laurel(A) Not quite. For 9B time does not accumulate until you're 18. So 9B wouldn't apply. Please bear in mind that participation in the chat is not a substitute for a consultation and you should always have a proper consultation with a licensed attorney before taking action on your case or departing the US.

tropical(Q) El Salvador will be requesting new TPS due to the recent floods. Do you feel that with the political climate this is something will go through? When TPS goes into effect does I-601 filings through that country go down?

Laurel(A) We'll see. There are a lot of countries that I felt deserved TPS over the years and didn't get it.

tropical(Q) Is there a number like the 202 that CDJ applicants use to call for status updates available for other countries around the world?

Laurel(A) Once Lockbox filing starts, I expect there to be online case tracking like there is for the I-130. That should be starting soon.

jenny(Q) On i-864 NVC ask for 3 years tax return. since i have not been working for more than 3 years i don't have any tax return. My sister is joint sponsor for my husband. when i file I-864 NVC has send me check list asking for 2010 tax and W2. what can i do now. i didn't work that year(No tax filed in 2010, 2009, 2008)

Laurel(A) Even when there is a co-sponsor, the petitioner still has to complete and sign an I-864. I usually recommend to people that they file a tax return even if not required to file one as it makes NVC processing faster. But technically you are supposed to be able to get past this problem by writing a letter stating that you were not required to file in those years as you did not make enough money. Letter should be signed and dated. And the I-864 still has to be completed and signed.

Sammi(Q) Hi Laurel. When filing a I-601 form, do you list the applicant's current address in the United States or their address in their home country? Does the date the form is signed matter or do you suggest the applicant sign on the day they turn in their waiver packet? Thanks for the info.

Laurel(A) I have them sign when I send them the completed packet. It's best to use the foreign address, but we haven't had any problems when we've listed the US address. It doesn't seem to matter. But the qualifying relative's address needs to be correct as that's where they will send the notice.

tropical(Q) For I601 cases that are already submitted (not CDJ) is there an 202 number?

Laurel(A) The 202 number is for the Department of State. They would only be able to tell you if they have received an approval notice from USCIS. It's not technically a way to get a case status on the I-601. It is a way to get a case status on the immigrant visa case. It is not a CDJ-specific number.

Laurel(P) There are still some questions pending, but it is now noon and I have to return to client work. I will see you all here next week.