Moderation starts.

Laurel(P) Good morning.

Laurel(P) The Moderator Function is now on and the chat is starting. The only waiver news I have this morning is that CDJ seems to be getting back on track with new cases and we are seeing Pilot Program decisions in a more reasonable time after filing - about four to six weeks. This only applies to new filings since the beginning of the year and perhaps some in December of 2011. The bubble of cases filed in the fall of 2011 are slowly being resolved, though they seem to mostly have been referred to other locations and it is not clear whether the other offices are doing a 'triage' of sorts with the cases they received.

TSK(Q) From Holly&Teto: Hi Laurel, I have seen in some of your other chats you have said that you are recommending to your clients to wait to go through the consulate in Juarez due to under-staffing. My I130 for my husband was approved on Dec. 9 and we haven't heard anything from the NVC, could this be because of the understaffing issue? Also on our minds is the new proposal to change the waiver process, how confident are you this will become effective this year? We are trying to make the decision to wait or just get it over with and our lawyer isnt offering any advice at all (no help!). Thank you so much for all the information you provide!

Laurel(A) If you have not yet heard from the NVC, then CDJ has not 'gotten the ball' yet and your case so far is unaffected by staffing issues at CDJ. As it has been over 30 days since your approval, you should consider contacting the NVC to find out what is going on. I am concerned that the I-130 was not properly completed and your case is actually sitting at a local USCIS office. This will happen if you (or your attorney) erroneously fill in both blanks of section 22 of the form. You must only select the foreign city. If you list a city in the US, your case will experience lengthy delays and you will probably have to file an I-824 to fix it.

Laurel(P) If section 22 of the I-130 was properly completed and only Ciudad Juarez, MX was listed, then it is possible that you have missed a notice from the NVC which could be the NVC's fault. Who knows? But you need to find out what's up.

shortcake(Q) Hi Laurel, I have 2 main questions, I'll start with the least complex one. When doing a free consultation with an immigration lawyer, what are the kinds of questions I should be asking?

Laurel(A) You should ask why he does consultations for free. While in other areas of law free consultations are more common, they are unusual in immigration law for a variety of reasons that I won't get into here. Usually when lawyers are doing consultations for free, it is because the lawyer and/or law firm is new. Having said that, I do know at least one highly competent immigration lawyer who does free consultations, but he says the free part is very limited and only lasts 10 to 15 minutes during which time he goes over the most basic issues of eligibility. As for what to ask in the consultations - mostly the lawyer should be asking you questions. If you get on the phone and he/she doesn't start by asking you something, you should be skeptical.

Laurel(P) The way you prepare for your consultation is by having your immigration history, criminal history and marital history at the ready. Go hunt down the dates for everything that has happened on those subjects. When did you enter the country? When did you file that application? When were you arrested? When was your husband divorced from his first wife? Etc.

TSK(Q) from Deza: Hi Laurel! Our case is extremely complicated but I have one question: My husband is detained in MN by immigration after prosecution for a criminal case was completed. He plead guilty to Riot 2 and was released after sentencing. Last week after the 5th hearing with an immigration Judge, the DHS attorney said my husband was eligible for admission and so can file his waivers now - here. Where will the waivers be processed? Have you ever heard of this happening before? -- If you have time, is Riot 2 a CIMT? THANK YOU!

Laurel(A) I would have to carefully examine the Riot 2 statute in MN in order to assess whether it is a CIMT. If your husband has never been admitted or paroled into the US, he cannot adjust status even if front of a judge unless he is 245i eligible. But if he was admitted or paroled at some point, he may be eligible to adjust through marriage, with a waiver. When one adjusts status, it is as though one is again being admitted - in a way - and must resolve any grounds of inadmissibility. The adjustment of status and the waiver applications would be adjudicated by the judge in court instead of by USCIS if the applicant is already in removal proceedings at the time the application is made.

TSK(Q) from Boy pulo: Hi Laurel, my wife took VD IN 2004 and left in 2010, we have a visa interview next month. Do we need to file both 601/212 or only 601. She left voluntarily in 2010. Thank you

Laurel(A) If you fail to comply with VD then it automatically converts into a removal order. So yes you need both I-601 and I-212. Please note that she will be considered a deportation absconder, which significantly lowers her chances of approval.

TSK(Q) from coque1987: Good Morning, I have been trying to send expedite paperwork to different faxes (656), the address on the USCIS website, and emails. I have also contacted my senators office but they wont get to my case till next week. Is there a better fax or address that will get my message to USCIS?

Laurel(A) I do not recommend trying to fax an expedite request to USCIS in CDJ. Recommend sending it via USPS Express Mail to the PO Box and following up with an email to the USCIS email address (not consulate's online inquiry system).

TSK(Q) From hopeful1210: Good morning Laurel; I entered US at the Tijuana border in January 1998 with a group of people (don't know who they were) and was waived in with them, I had no valid documents to enter. I have been told I was inspected since I crossed the border based on Matter of Areguillin and I am eligible to file for AOS in country, and because of my entry I am not a candidate for consular process. How does this work and is it true? Thank you!

Laurel(A) Beware that the consulate in Ciudad Juarez is presuming false claim of citizenship in the scenario you describe. There is no waiver for a false claim. Consular processing under the current system of procedures is not for you. The risk is too great. While the consulate in CDJ has taken this position, USCIS from within the US has not necessarily done the same at this time. You can try adjusting under Matter of Areguillin, but note that the problem with EVERY Areguillin case is evidence. It is your burden to prove things happened the way you said. And how do you do that? I do not have a magic answer. The answer is, "Usually you cannot and you will lose your case." BUT, if you lose your adjustment of status case, you may then be put in proceedings and you can try Cancellation of Removal as you have been here over ten years (there are other conditions as well). Also, once the Provisional Waiver process starts, hopefully you will be able to ask the government to make an affirmative finding that you did not make a false claim of citizenship and have that ruling in hand before you go to the consulate. This would greatly reduce the risk of you doing consular processing.

TSK(Q) From:cutie81 Thank you for you time God bless you my husband have 3 kids form his previous marriage and he is paying child support for them since 3 yrs ago will that be a good hardship to use in our waiver? if i don't get approve my husband will move to Mexico with me and he would not be able to pay child support anymore since i don't think he can make the money to pay any child support.

Laurel(A) Possibly. Remember that the hardship always has to be to the qualifying relative. So the issue is about how HE will experience hardship if he is unable to pay his child support, i.e. how he will feel if his kids do not get the money they need.

TSK(Q) From kpontes: I got a response from Lima last week saying "The director has reviewed and evaluated the expedite request, and a decision is still pending." Does that mean the expedite decision is still pending or the waiver decision is? Also, what could be the reason for an expedite request decision to still be pending if it hasn't outright been denied? Thanks.

Laurel(A) You got more information than they usually provide. Basically it means your case is pending. They do not send decisions on the expedite request itself - either to approve or deny. You will only know the expedite request is approved if the case is approved faster than normal. You will only know it is denied if you hear nothing and the case is processed in the normal time frame.

TSK(Q) From a2ventura: hello, we are awaiting results from my husband's FOIA request. His FBI fingerprints were clear, just driving w/o a license. He was stopped, fingerprinted & turnedbackto Mexico once before successfully ewi'ing. If the FOIA shows nothing regarding his attempted crossing like it's just blank, should we proceed?

Laurel(A) There is always SOME risk that the consulate will make an adverse finding. All you can do is minimize your risk. You can never eliminate it. It sounds like you have done everything you can to minimize your risk here. It is up to you to decide whether the risk that unavoidably remains is too great.

TSK(Q) from robertocarlos27: Hello Atty Laurel Scott, Is the new norm after getting our waiver approved to have to go back to Juarez to Re take the Medical Exam, or is there a chance that we might still get Our DHL Package with Visa without Having to go to Juarez, MX again? Im just hoping to avoid the extra expenses. Thank you In advance for your answer.

Laurel(A) At the moment we are still unsure of that for cases that were filed in the fall. For the ones filed in the past six to eight weeks, it seems that people are getting their passports with visa in the DHL.

shortcake(Q) My second question is about options. I know there are options for people in terms of asylum and relief available to victims of trafficking and abuse and what not, but what about a bridge between the 2? I would not qualify for asylum, but I fled home to the states due to domestic violence (mom being a victim, dad being the perpetrator)...I am scared to return home without my fiance (U.S citizen) coming with me...what options would be available for me?

Laurel(A) Situations like this are PART of the motivation for the Provisional Waiver program. By that I mean that USCIS is concerned about the increase in violence in Mexico and one of the several reasons they are doing the Provisional Waiver program is to reduce the safety risk to applicants. But at this very moment, there is not a good option if you have a bona fide fear of going to your home country even for a few months, but your situation falls short of an asylum claim.

iore32(Q) Hi Laurel: my husband has had TPS for now 10yrs and has never left the country. Could he get a permit to travel to el salvador?

Laurel(A) If he was unlawfully present for more than 180 days prior to getting TPS, then if he leaves even with Advanced Parole, he might be refused entry when he attempts to return.

mememe123(Q) My husband EWI in 1996. He went to his visa appt in CDJ in 2008 and was given 9c. He EWI again and was arrested for first DUI. Immigration came and got him, but they let him out and is now in removal proceedings. Is there a chance he could get cancellation of removal if he was was in mexico for less than 90 days for his visa appointment and has lived here for more than 10 years? im USC

Laurel(A) For 9Cii no. For 9Ci maybe. It depends on whether the visit to the consular was a 'brief and casual' absence. I'd have to go check case law. My gut tells me it's not 'casual' even if it was brief. And because of the DUI they are unlikely to give him the benefit of any doubt.

hopeful(Q) Hello Laurel, Can you file for COR if you had an expedited removal in the past?

Laurel(A) If the prior removal order could be reinstated then generally 'no'. And usually it can be reinstated.

stephluvju(Q) Hi Laurel. For someone who has a visa appointment but doesn't have to do a waiver how long should it take for them to receive their visa?

Laurel(A) Depending on the consulate, you may walk out of your appointment with a visa in hand, or you could receive it in the mail or DHL within a few days.

TSK(Q) from ktmnep: Hi Laurel thank you for being so helpful for us. I asked you same question last week, didn't get the answer. As you know New Delhi, India I-601 processing time has gone up(10-12 months) now. As of Nov and Dec they have completed just ONE case. Do you know why are they so slow, Just One case a month??? looks weird isn't it???. If they go on this pace probably we have to wait decade for decision. One more question what does months means in processing time like is it if you apply in Dec it mean it takes 10-12 months or 10-12 months is new time table no matter when you applied. I applied waiver in Aug do I have to wait 10-12 months now?

Laurel(A) Processing times fluctuate and online case statuses are updated irregularly. Posted processing times are an approximation. In reality it is impossible to predict exactly how long a case will take. But you do not sitck to the estimate provided at the time of filing. Before you make an inquiry, you look at the current estimates at the time you are wanting to make an inquiry.

andrewrasa(Q) Laurel is it a good idea to send more evidence of hardship as we were told juarez did not know if it was a VD or Deportation in which case we have to file a 212 and will they even look at evidence of hardship consideing the shortage of staff in Juarez as we have 84 days to send it.

Laurel(A) If they determine that 9C applies, they will not review the hardship evidence. If they determine that you are eligible to apply for a waiver, they will review the evidence.

mm2474(Q) Hi laurel, how long consular does it take to process, after getting waiver approval from DHS? it's related to consulate from Asia.

Laurel(A) It will take 30 to 90 days between waiver approval and when the consulate is ready to finish up the case. You may be asked to return for another appointment. You may have to do another medical and hand in more up-to-date financial information and/or new DS-230/DS-260 and a new police certificate.

hopeful(Q) One last question, if you are allowed to withdraw your application for admission at POE you are not expedited removed right?

Laurel(A) Right.

TSK(Q) From Mariposa1223: Another question for my friend in regards to her hubby and false claim of citizenship, she said that he gained a state issued id by a person that had an insider at the DMV. That was the id that he used to work up until 2007. She is concerned that this will also come back to bite them when they send in their I-130 with the other names he used. Should she be concerned about this? Is it only false claim if it is to gain an immigration benefit? Would this even be brought up in his immigration appointments? He never used it for anything else beside work and never had any legal problems while using it. Again the lawyer didnt seem concerned. Thanks for your help!

Laurel(A) It's not good that he was committing ID fraud. I don't want to say it's ok and nothing to be concerned about. But it will probably not be a problem as long as he never used it as a way to convince someone that he was a US citizen. False claims are not just for immigration benefits. One is inadmissible under INA 212a6Cii if one claims to be a US citizen for any benefit or purpose under Federal or State law. It is much broader than regular immigration fraud.

Laurel(P) Having the ID, in and of itself, is probably not catastrophic to the case. It depends on how he used it. Nothing you've said makes me think your attorney is mishandling your case. I would recommend listening to the attorney.

iore32(Q) thank you- in his case i'm not sure how long he was here before he got his TPS. Do you know if there are any chances of his TPS turning into a residency?

Laurel(A) No. TPS will not turn into residency unless the law changes.

mm2474(Q) Hi Laurel, aftter getting a waiver, immigrant visa applicant should call to consulate or better wait for their call or letter?

Laurel(A) Wait for them to contact you. After 90 days have passed then you call them.

Laurel(P) I know you are anxious and want to be reunited with your family. We have all heard that the squeaky wheel gets the oil. But so many people are in the same position as you and everyone wants more status updates from the government. I know I do. But the inquiries as a whole slow down the progress of their work as they are answering inquiries instead of actually working on the cases. So I have to recommend to people that they hold back on their inquiries as much as humanly possible.

mm2474(Q) after waiver approved, what are the steps consular takes?

Laurel(A) The consulate has to wait to receive the case back from USCIS. The consulate cannot do anything on your case until they receive it and perform some basic administrative processing tasks to mark it as received in their system. It can take 30 to 90 days for USCIS to send it and the consulate to receive and process it. After it is received and processed, the consulate may have further follow up work to do. See my comments above regarding a similar question.

hopeful(Q) Do you have any recommendations for Lawyers in San Francisco?

Laurel(A) Randall Caudle.

andrewrasa(Q) If you were reffered and they tell you its lack of exterem hardship should you not send more eveidenr or does that slow the process.

Laurel(A) Please realize that there are a dozen reasons why a case may be referred and 'not enough evidence to approve' is only one of those reasons, yet USCIS will almost ALWAYS give that as the reason. If find this misleading and even a bit ... dishonest, I guess. But I would really be subjecting myself to liability if I told you it was fine to ignore that request for more evidence. I have no choice but to recommend that you update the pending case with additional evidence if you have received such a notice.

shortcake(Q) Any recommendations for laywers in Pennsylvania?

Laurel(A) Joe Hohenstein

mm2474(Q) thanks alot, laurel

Laurel(A) You are welcome.

Mike1(Q) Some body told me ,Diversity visa had a deadline of Sept30, 2011 and since my visa was not processed by that time , my diversity visa case has been closed. For a waiver to be processed and approved the underlying petition ( i.e. diversity visa in my case) needs to be valid and since the diversity visa is no longer available to me my i-601 is not processed. It's been more than 180 days since i apply my waiver at New Delhi. Is that true that's the reason my waiver is not being processed? I have approved I-130 Iam in F2A category and probably my visa will be available in 3 months. what can I do now. do they deny my waiver for that(Diversity visa) reason?

Laurel(A) I would have to research this. Recommend you do a consultation.

Laurel(P) It is just about noon and there are currently no questions pending. I'm going to close the chat. I will see you all next week.