Moderation starts.

Laurel(P) I've turned on the Moderator Function. The chat is about to begin.

Laurel(P) Let me take a moment to talk about what is going on with the Mexican cases that were filed in the fall of 2011 and winter of 2011/2012.

Laurel(P) I'm not aware that any official announcement has been made regarding the fate of these cases. I can only surmise what is happening based on the experience of my clients and what other attorneys are reporting to me.

Laurel(P) We are seeing some cases get referral notices after four months or longer.

Laurel(P) Other cases are getting approvals in four months or less, but it doesn't look like a Pilot Program approval as the notices are going to the attorney and the approvals are coming out of places like Anaheim and Mexico City; both of those things are indicative of referrals, not Pilot Program approvals, yet these clients never got referral notices. And they are being adjudicated ahead of cases that were referred in the first half of 2011.

Laurel(P) Perhaps they can be viewed as quasi-Pilot Program approvals as these other offices seem to be doing a 'triage' similar to the Pilot Program. But instead of the applicant getting the passport and visa through DHL, the attorney is receiving the approval notice by regular mail. We're happy that these cases are moving along, but ... we as the attorneys don't know what to expect next. Will the passport with visa arrive via DHL as they would for a Pilot Program approval? Will the client have to travel back to Ciudad Juarez to complete the process as they would for a post-referral approval? I am advising my clients to wait for futher instruction from the consulate and keep me informed. Obviously, clients don't like it when I'm telling them to keep me informed of the process, rather than the reverse. But the truth is that no one really knows what's going on. I often feel like the consulate doesn't know what's going on. It's 'wait and see' for just about everyone.

Laurel(P) The process is always changing. That much is nothing new. However, this is an unusually high level of change and uncertainty in the procedure. I continue to recommend to clients who have not yet left the US that they postpone their consular interview if it is to take place in Ciudad Juarez. Even if you don't qualify for the Provisional Waiver program, I think it's a good idea to wait until these problems get resolved in Ciudad Juarez before walking into this fog. If you are already outside the US, then there is no reason to wait. But you should prepare emotionally for a lot of unknowns.

Laurel(P) These problems are not occuring outside of Mexico.

Laurel(P) On to the questions

mike(Q) i have seen lot of approvals world wide this year. Are approvals increasing this year or extreme hardship reqiurement are not so extreme ( level of extreme hardship) this year.

Laurel(A) There's been no change.

Susie(Q) Entered as IR1 (I601 and I212 granted) in 11/2010. Divorced March 2011, USC filed for divorce…did not get along. Marriage lasted almost four years, together for 6 years. Left the country 12/11 returned two weeks later. When I returned CBP officer asked, “how long I had been married for?” I answered, “I got married in 2007.” Then I proceeded to confirm that I was admitted as an IR1 in November 2010. Will it affect me in any way that I did not tell the officer I got divorced prior to my 2011 entry? Finally, are there consequences for leaving the country under my current situation, IR1 w/I601-I212 waivers and divorced?

Laurel(A) Since it was an IR1 and not a CR1, your case will not again come under scrutiny until you go to naturalize. At that time, the immigration officer may be suspicious of the fact that the divorce happened so quickly after your return following I-601/I-212 approval. Technically, the officer could revoke the approved waivers and accuse you of fraud. However, that is extremely unlikely if there is nothing else suspicious or untoward in your history. Generally speaking, there are no guarantees in an immigration case until you naturalize. It is when you naturalize and only when you naturalize, that the opportunity for intense and unpleasant scrutiny finally comes to an end.

TSK(Q) from salaam: hi,I have applied for I 130.Will I be charged less according to the new fees ( $ 6000).I already did a consultation with you.

Laurel(A) I'd have to look at your case. Restrictions apply for the lower fee. The restrictions include, but are not limited to: (a) you must appear to be eligible for the Provisional Waiver program, (b) you must pay the entire legal fee in full upfront, (c) you must agree that even though you'd be paying now, we would not get started on your waiver for several months, (d) you must agree that if the Provisional Waiver progam does not actually occur, you would be willing to go through with the currently available process, and (e) you must be a new client.

Laurel(P) So, why enter into a contract with an attorney now if the attorney won't get started on the waiver for several months? Many people are excited by the proposed Provisional Waiver program. It is expected that the number of people who will apply will be 100,000 to 200,000. Compare that to the number currently filing waiver applications abroad: 20,000. Once the program opens up, demand for experienced attorneys will skyrocket. We will be working 60 hours a week for a year. However, the program is not expected to open up until the end of the year. So many people are waiting to get started, that business has actually dropped in the immediate term. Attorneys who focus on waivers are facing the problem that there is a drop in revenue, less than a year before we expect business to dramatically increase. We want to get some of the future clients on board now so we can even out the cash flow. The advantage to the client is that you are basically 'reserving' your attorney before demand goes up so high you'd have trouble getting one. And you can get a discount by hiring now. Hire now and everyone wins. But it's too early to actually start on the waiver right now because everything would be out of date by the time we filed. We'd probably start in mid-May.

mik(Q) I-864 - Q23 "my current annual income" - is this predicted gross annual income for 2011? 2012? or am i misunderstanding the question

Laurel(A) For your current income, they are asking about your salary. For example, if last week you were making $500 per week, but yesterday you got a raise and now you make $600 per week, your current annual salary is now $31,200. You are taking your weekly salary and extrapolating.

Mav(Q) it's been 180 days since i filed my waiver at New delhi, India. Is it good idea to inqiure about it myself or my lawyer inquire about it

Laurel(A) Processing times in Delhi have increased. I think they are over a year now.

lucyloo(Q) Hello Laurel- If we do a consultation, and decide to sign a contract with you...but then our FOIA comes back in August (estimated) with a problem resulting in not wanting to move forward with the case based on the new evidence...what happens? (EWI- Mexico...question as to a catch and release or other)

Laurel(A) If the information from the FOIA indicates that you are not eligible for the benefit and your concerns about this possibility were raised prior to commencement of the representation, then we would pro-rate our time of the case, keep that portion of the legal fee and return the rest. For example, if you hire, give us a bunch of money, make us aware of this issue you describe, and then we do not prepare any forms or waiver document list while we await the FOIA results. You would be getting back almost everything. However, under the same scenario, if you email us every week with hypotheticals while awaiting the FOIA results, we would go back and charge for all the time spend pondering and responding to hypotheticals while awaiting the FOIA results. Make sense?

jazmin(Q) Hi Ms. Scott my fiancee's story is very complicated. His parent brought him here since he was 1 year old. They were in the process of getting their papers fixed but got robbed and lost everything filed a police report but got nothing back because they didn't have their A#. So now we want to get married but want to know if he has to leave the country. His mom found a few papers with her A# and him and his dad have the same name so we dont know if thats his A# or his dads. the numbers are consecutive (all the same except for last digit) Do you think his is the next #?

Laurel(A) There are too many unknowns here. I'd need to do a consultation.

TSK(Q) from MyAmado: I will be starting the NVC steps soon. But my step son is only 8. Can I or his dad(my husband) sign for him? If so will we sign our name or print son's name...any help thanks

Laurel(A) The parent signs for children under the age of 14. Starting at age 14 the child signs. I think you sign your own name and then write in parentheses "for [child's name], a minor". But, double-check with your attorney. I haven't had to deal with that one for a while and the rule may have changed.

Laurel(P) Ok, someone is asking a lot of detailed questions about how to fill in the forms. I'm afraid this is not something that can really be done in the context of the chat.

TSK(Q) from phoenixc99: does an arrest record for the petitioner matter in the I-601 process?

Laurel(A) Rarely. It will be highly relevant if the petitioner has been involved in drug trafficking or in a gang. But if the petitioner has a conviction for manslaughter for getting into a bar fight ... that might not be relevant.

andrewrasa(Q) HiLlaurel, is there any possible way for me to get a copy of the record of voluantary depature other than through FOIA. CDJ is trying to find out why my wife has a A number and was sent back voulatary as she was in the US for less than 24 hrs got detained and was kept for hearing and went in front of the judge who then gave her 10 days in jail and as this was her very first offensehe was kind enough and gave her VD. She then went back to Brownville border to ask for papers after the a couple of weeks and was given a handwriteen note my an officer who wrote down the A number and voulantary depature on it. I have been trying to get a copy and the A number has no record of deporatation on the file. Where can i get a copy of anything as to the case . should I call brownsville as they had it in the computer as VD or should i call the office of the records in San Antoinio who stated to me that that it was not a deportation but VD. CDJ now states after her refferal that they have to wait for the file as it was an inquiry sent by the AILA chair person and she responded back to me stating that they are not sure if it is a VD or Deporatation. what do you recommend I do. I have 84 days to respond with futher hardship eveidence.

Laurel(A) A FOIA is the way to go. You can request an expedite on the FOIA if you have an RFE deadline.

asucl87(Q) Hi Laurel. I met my husband in 2008 in Argentina. He applied for a student visa in 2010, and during the interview they asked if he knew anyone in the US. He said no, even though we were dating. The visa was granted. In 2011 he went back to Argentina to renew the visa, and this time it was denied due to suspected intent to immigrate (lack of ties). We were married in Argentina in September 2011 and sent in I-130. My question is--is he inadmissible under 9ci because of the answer he gave to the CO back in 2010?

Laurel(A) 9Ci if for people who were unlawfully present for more than a year, left and came back. I think you mean 6Ci, which is misrepresentation. So, is this misrepresentation that would make him inadmissible under 6Ci? I suppose technically it might be, but they are really being extraordinarily strict if they make that finding. Is it misrepresentation? Yea, sure. I guess. Is it material? Hmm. I think that's where you have room to argue. You see, it's not material if they would've issued the visa anyway if they knew the real facts. I think you're probably going to be ok. But as I say all the time, there are no guarantees in immigration law.

Laurel(P) This is a potential problem that I wouldn't worry about until it became an actual problem.

Caliarrest(Q) Hi Laurel, I was arrested for possession of a small amount of cocaine in California. I was charged with felony possession, the entry of judgement was deferred. following rehab, the deferred entry of judgement was dismissed. I was issued a B-2 visa at the consulate which stated that 212(a)(2)(A)(i)(II) did not apply, but I was recently stopped at the border and told that I need a waiver, am I permanently inadmissible or is a waiver possible? Are nonimmigrant waivers granted often?

Laurel(A) Under the case "Lujan-Armendariz" you were not inadmissible. But that case was overturned in 2011. Because it was overturned, you are now inadmissible. Lujan-Armendariz was a 9th Circuit case stating that the Federal First Offender Law applied to immigration case. Under the Federal First Offender Law, someone with a single drug conviction (one and only one) who has been rehabilitated can get it taken off their record. For many years the Department of Homeland Security and it's predecessors have said the Federal First Offender Law doesn't apply to immigration cases and even if it's taken off your record for every other purpose, the conviction stands for immigration purposes. The 9th Circuit was the only holdout. And now it's been overturned. You cannot get an immigrant waiver for a cocaine conviction. You can apply for a nonimmigrant waiver, which is a very difficult process. And the nonimmigrant waiver would have to be renewed annually.

mik(Q) any idea about processing times of 601 in warsaw?

Laurel(A) Processing times are always fluctuating. The USCIS goal for I-601 processing is six months.

just(Q) What is your fee for N400.

Laurel(A) It depends on the facts of the case. But we charge a minimum of $1500 to take any case. The only time we charge less is for returning clients.

TSK(Q) From an anonymous client: What kind of chocolate/wine do you like? :)

Laurel(A) LOL. I like shortbread cookies to share with the staff and merlot to take home.

Susie(Q) Thank you for your response Laurel. So basically, it's risky to leave the country at this point (IR1, waivers and divorced).

Laurel(A) There's always some risk in going abroad to apply for the visa at the consulate. For Mexican clients - even those who don't qualify for the Provisional Waiver program - I'm just saying to wait one to two months as USCIS irons out the problems caused by the staff shortage [note: they went from four adjudicators to one in a matter of months and the 'one' was new to CDJ]

lucyloo(Q) You mentioned a formal wedding with pictures (especially with family)/wedding gown is very advantageous to have when filing I-130/I-601. What if this is the second marriage for the petitioner and they went through all that in the first wedding, so now with a second marriage it is more important for an intimate ceremony. Will the lack of 'traditional wedding pictures' be an area of concern. **Additional note: the first marriage was also to EWI-Mexican and approved waiver...petitioner is USC (born here, white non-hispanic)

Laurel(A) The wedding doesn't have to be expensive or big. Instead of saying what you should do, let me say what you SHOULD NOT do for a wedding if you are going to be showing the pictures as part of the immigration process. Do not have the wedding at someone's house. Do not have the wedding at the county courthouse. Do not wear a dress that looks like you could wear again to a different event. Do not leave the parents of the bride and groom out of the photos unless they have passed away or reside in another country.

TSK(Q) from evildude: I would like to know what does my friend (the co-sponsor) need to provide in order to become one, tax records, W2? And also when the government checks to see if my wife makes enough money what do they base it on, the Gross salary before or after taxes? Thanks!

Laurel(A) Co-sponsor needs: proof of US citizenship or permanent residence (e.g. US birth certificate or green card), most recent tax return with all schedules, most recent W-2s, recent pay stub. Co-sponsor needs to sign the I-864. If the sponsor resides with the co-sponsor and you will be using form I-864A, the list is different. For the income requirement they are looking for adjusted gross income as it appears on the tax return.

Laurel(P) Just a reminder - the chat is not a substitute for a legal consultation. The chat is not legal advice as I have not had the opportunity to review your case. I am providing legal information in the chat. Even a 'simple' waiver case should be considered a complicated immigration case. I always recommend you hire an attorney. Please note that even seemingly simple issues with the affidavit of support can delay a case for many months.

Laurel(P) It is now noon and the chat is closed. There are questions pending. I do recommend that people click on the link above regarding how to get the most out of the chat. I will see you all back here next week.