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Laurel(P) The chat will begin in just a minute or two.

Laurel(P) Good morning everyone. It is raining in Houston. Right now I'm really wishing I renewed my flood insurance. Oh well.

Laurel(P) If this is your first time to the chat, please take a moment to click on the link at the end of the sentence above that reads, "To learn how the chat works and how to get the most out of the chat, click here". It will navigate away from the chat, but you can always log back on.

Laurel(P) I have some announcements regarding the firm, but will wait until we are further into the chat so more people can arrive. I will go ahead and start on the questions.

mike(Q) why most denial are on Friday from New Delhi, India. My waifer was denied 2 1/2 years ago and it was on Friday and I have read most denial on Friday from India. Do they make decision only on Friday( once a week only)

Laurel(A) I am unable to confirm or deny your theory.

Go_Gaints(Q) why denied asylum( no frivolous) and denied I-130 from previous marriage because of previous wife withdraw it saying marriage was fraudulent and she enter into sole purpose to enable applicant to obtain immigration benifits but never been charge for fraud marriage and was deported for overstay ( and have new approved I-130 from his new wife) are negative factors for waiver. Is it fair that you were never charge of these things and you have to deal it in your waiver( case is almost 6 years old been married with current wife for more than 5 years and have 4 years old US citizen son and it has been 4 years since he has been deported and have not met family for more than 2 years) His waiver was once denied because of lack of extreme hardship.

Laurel(A) Sometimes an asylum case is so clearly bona fide that it winds up not being an aggravating factor, though it is still a complication that justifies a higher legal fee. In my eight years of experience, I have seen a handful of denied asylum claims that appeared to me to have been denied in error. However, the majority looked 'fishy' to me, i.e. I did not find the testimony to be credible. If you have a 'fishy' asylum claim and a 'fishy' marriage, you start to look bad. Much of American society depends on a certain level of honesty, e.g. tax returns. Much of immigration law depends on a certain level of honesty as well, e.g. asylum claim. When you begin to doubt a person's honesty, there is a real question about whether this person is right for the US. Sure, we lie sometimes, too. We are not as honest as we wish we were. But Americans do put a high value on honesty.

TSK(Q) From Mariposa1223: Hi Laurel, I have a question about misrep and the new process that may be implemented. DH is from ES and EWI in 2002 he was caught in the broder of Mexico processed with using a false name and said he was from Mexico. We did a FOIA w/ FBI and CBP providing his real name and the false name and it all came back clean. I am wondering if this would be considered misrep and make him ineligible for the new process if implemented? Most ppl are saying no but I know of one person that was told they had misrep but was able to waive it during their process while in ES same scenario as my DH. Thanks.

Laurel(A) Ok, you're asking about eligibility for the new process, but use an example unrelated to the new process. I will discuss. He committed misrepresentation in that he said something to border officials that was untrue. However, it was not MATERIAL misrepresentation as he had no more right to enter the US if he's Juan Lopez from Mexico who has no visa instead of Jose Cuevas from El Salvador who has no visa. The courts have ruled that it is not a MATERIAL misrepresentation and therefore INA 212a6Ci does not apply and the person is not inadmissibile on that ground. He would not be inadmissible on that ground under either the current process or the future, new process. Because 212a6Ci does not apply, this particular incident will not make him ineligible for the new process.

TSK(Q) from rmstafford: Hello Laurel, I just wanted everybody to know what I received from the Embassy in El Salvador yesterday. Seems like they are "swamped". They can not have that many waivers to process. Anyway, here we go again, with the waiting game. It's been 3 1/2 years since my daughter-in-law left. Everything was approved and checked at her last two interviews, including the waiver, and now this. Any comments on this? Dear Mr. XXX: We acknowledge receipt of your letter regarding the immigrant visa petition of Ms. XXXXXXXXXXXXX. USCIS has recently begun working to reduce the backlogs in waiver processing and has added resources in order to process large amounts of waiver cases that were pending adjudication. USCIS has been successful in reducing the backlog, but the amount of cases that are ready to be processed by the U.S. Embassy exceeds our current capacity. The U.S. Embassy is working diligently to process the visa cases with approved I-601 and I-212 waivers as soon as possible and in the order in which they are received from USCIS. Ms. XXXXXXXXXX case is currently being reviewed to ensure that all documents are in order and we will contact her as soon as possible. Thank you for your understanding.

Laurel(A) I addressed this last week.

momto2(Q) My husband is currently in removal proceedings. He has 2 DUI's and a felony. Although we are submitting a 601 waiver we are also filing motions to re-open the two DUI's, one in 2009 the other in 2011. What are your views on this approach? Do you think the judge will wait to rule on the 601 and 485 until after the cases have been closed? I should also add that my husband served no time for the felony, he received 5 yr probation and we got a sentence clarification for that. Thank you.

Laurel(A) Sounds like a complicated case that makes me want to ask a lot of questions. I don't think I can give you the information you are looking for in the context of the chat. You need a consultation. But I should also point out that I know less about waivers in court than I know about waivers filed abroad.

TSK(Q) from jerry2011: If one left on VD, what process/application does one use in seeking for a waiver if possible after 10 years of stay outside the U.S?

Laurel(A) Uh, ok so are we assuming this person is inadmissible under INA 212a9Ci and that's why you are waiting ten years before applying for the waiver? If so, then the I-212 is sent to the USCIS office in the US having jurisdiction over the place where the alien intends to live.

TSK(Q) From PrayingforaMiracle: Good morning Laurel! I have a question about the I-601. For the address on the first page do I need to put the address where my husband will live in the U.S. or do I put his current address in Mexico? I have been getting mixed answers and wasn't sure which one is correct. Thank you!

Laurel(A) The address that matters on the I-601 is the qualifying relative's address. That's where USCIS will send the decision. For the applicant, I usually put down the address abroad, but it's not as critical as your address on the I-601 and his address on the DS-230/DS-260, which is where the consulate will send the follow-up packet after they get the approval from USCIS.

TSK(Q) From jenjudd2: Good morning laurel. my husband ewi in 2002 from mexico, we have been together every since. we are married with two boys and we started the process alone. we are now going to be submitting final documents to NVC this friday and was wondering if having a OWI will get him any kind of ban. also my name and my son's name have changed since we turned in our last documents is that something i should call them about or just go forward and submit documents as needed. Thanks in advance.

Laurel(A) Any alcohol-related conviction within the past two years will make him inadmissible on medical grounds for being an alcohol abuser. You can get a waiver for that (unlike for drug abuse), but note that it will be required that you prove he won't be a danger to the community or to himself. Even if it wasn't within the past two years, it is still relevant and you need to supply documentation on the arrest and conviction and you need to talk about it in your waiver application.

TSK(Q) From Shebaling: My question is in my HSL for my husband in Mexico I would like to address the issue that we need him financially since I do not work - would it be a good idea to get a letter from his employer stating that he has a job if allowed to come back to the US and his salary or would that cause problems since he was obviously working illegally? At this job he has been working there since 2010 and they have been paying him as a 1099 contract worker because he does not have a SS#.

Laurel(A) Yes, it's a good idea to show that he has a job lined up for his return. You will also need to include your medical evidence regarding your physical inability to work.

TSK(Q) from leilei: Hi Laurel! Thanks in advance! I'm a USC and am in the middle of writing up my waiver letter (for CDJ) and had a question.. Last October, I visited my husband in Guadalajara. He picked me up at the airport during daylight and as we stopped at a stoplight, I saw a guy getting kicked and beat up pretty badly by 3 others. It broke up before we really could do anything (I don't know how long it was going on before we got to the stoplight), but it left me very impacted. All I could think of was my husband on the ground. I don't mean to sound insensitive, but can I use this in my waiver? Of course, I didn't whip out my phone or anything and snap a photo, and some others that were on the street were helping him up- so we didn't report anything to the police.. So there isn't any evidence. What do you think?

Laurel(A) I would talk about it.

TSK(Q) from leilei: Laurel.. one more thing... my husband was ewi, had his appt in aug, admitted to trying marijuana and is now ready to try this again. His appt is Mon Jan 30. He's arriving late afternoon Thurs Jan 26 and plans on doing his medical Friday Jan 27. Is this enough time? On the website it says 1-2 days.. Also, what should he say about his prior experimental drug use this time? He hasn't used any drugs in a long time (way before his first appt). Thanks again for being awesome!!

Laurel(A) My understanding is that the 48 hour rule - having the medical done at least 48 hours before the consular interview - has to do with some medical test for TB and doesn't really have anything to do with administrative issues. For his prior experimentation, he needs to focus on how he hasn't tried any drugs in the past year.

TSK(Q) from MaraYDelBarrio: Hi Laurel. On July 9, 2013 will mark three years of my husband's visa issuance from CDJ...How soon before that date can he begin filing paperwork for Naturalization? --Once he becomes a citizen, how soon after can he apply for residency for his mother from Mexico? I know it's the I-130 for a parent, but what other forms, and what is the process like for a parent? Do Him and mother have to make an appointment in CDJ, medical, etc.? What kind of proof or documents will be needed, will it be a long process? Also, his mother was widowed by his father in 1992, and in 2009 got married in Mexico by church only. Will this allow her husband to get residency if she gets it? What are the rules? (by the way mother and her husband have never ewi or anything like that or criminal records.) Thank you so much.

Laurel(A) The three years is counted from the 'resident since' date on his green card, as opposed to the date the consulate issued the visa. He can file his N-400 three months in advance of that three year mark. As for what documents and forms you need, those kind of specifics are the sort of thing we get into when we enter into the representation. He can file the I-130 for his mother as soon as he takes the naturalization ceremony. His mother will not be in a category that allows derivatives, i.e. she cannot bring her husband based on her son's I-130. Your husband can only file the I-130 for his stepfather if the marriage took place before your husband turned 18. His mother will be able to file an I-130 for her husband as soon as she enters as a permanent resident, but it may take 2-4 years before a visa becomes available.

TSK(Q) From Palomina: The new process will allow for concurrent I-130/I-601 filing. We are planning to try to take advantage of this in order to greatly reduce my husband's time outside of the US. My question is this: Is there any reason we would want to send in the I-130 now? Would that mean we would not be able to use the new process if/when it becomes available? We are doing okay right now and are okay with waiting another year to get started, especially if it means that he will not have to stay in Mexico very long. Thank you in advance for your opinion.

Laurel(A) The final rule is not out yet, so we don't really know, but based on the regulations for concurrent I-130/I-485 filing, it is expected that you will be able to file the I-130 and I-601 separately. The reason to send the I-130 now is so you can hire your attorney now and have him/her do some of the work for the case now while there is a lull. Once this new procedure actually goes into effect, it is expected that the number of people filing waiver applications will increase five-fold, going from 20,000 per year to 100,000 per year. Actually, in the Press Conference held by USCIS, it was stated that the government thinks the number of people eligible for the new process could be 200,000. I don't think all of them will apply immediately. But still, going from 20,000 to 100,000 means that every attorney experienced with waivers will suddenly be swamped. We, the attorneys, cannot increase our caseload five-fold overnight. Or even over a 12 month period. Doing it over a 24 month period would be painful. So, what's going to happen? The good attorneys will double their fees and will be booked up eight months in advance. Lots of bad attorneys and notarios will adverise that they do waivers. The moral of the story is, 'reserve' your attorney now. And let him/her get as much work out of the way now as possible, i.e. go ahead and file the I-130.

Laurel(P) And this brings us to the announcement regarding the firm that I was going to make.

Laurel(P) We can see this storm coming on the horizon - where later this year we're going to be fighting off potential clients. It is not out of the question that along about November or December we will start charging $10,000 to $12,000 per case and would still have a waiting list. But right now, while we are doing lots of consultations as people try to figure out whether to wait for the new process or not, business has actually slowed, and along with it, our income.

Laurel(P) So we are prepared to offer a lower fee for people who (a) are predicted to be eligible for the new provisional waiver process when it commences, (b) are present in the US, (c) can pay in full upfront now, (d) are willing to agree to wait several months for us to start on the waiver [it's really too early to start the waiver now], and (e) agree that if the new rule does not pass, they would be willing to go through the regular waiver process [you can always change your mind later]. Additional restrictions may apply. And we would indeed want to get the I-130 off since it's something we can do now so we don't have to do it later when we're swamped.

Laurel(P) The temporary fee for those willing to agree to this would be $6000. There would be no credit for the consultation fee. This offer is temporary. It applies only to new clients who hire us after today. Again, I do expect that along about December, it is not out of the question that we could go up to $12,000 when the new procedure is actually implemented.

Laurel(P) Ok, I am going to get back to the questions.

Infinite8(Q) Hi. If a person entered the USA with a fake (NON USA) visa and passport, have never left the country and is actually married to a US Citizen, can this person apply for AOS here. Can you give me the best alternative to adjust status. Thanks.

Laurel(A) Should be able to adjust with an in-country I-601 waiver, but this is a grey area of law. I have had recent success with such cases.

andrewrasa(Q) laurel all of the dec 6th wasiver have been refffered..Is there a reason everyone who got the letter was denied?Also does the new law help if you are currently in mexico ?

Laurel(A) To clarify - there is no new law nor is there a new law proposed. The Provisional Waiver process is a proposed new procedure, not a new law. There is an important difference: changes in the statute (law) have to go through Congress, whereas the President can change procedures without Congressional approval. This difference means that proposed procedure changes are extremely likely to happen.

Laurel(P) In answering your question, I don't know that "all" December 6 filings were referred. But I do know that the USCIS office in CDJ is extremely under-staffed and that a bubble of cases developed. It appears that most cases are being referred. In all honesty I don't see what choice they had. About one or two months ago the government stopped taking the applicant's passport at the waiver appointment. That change was very revealing. I am telling my clients that the Pilot Program is effectively dead.

TSK(Q) from wiwo66, hi Laurel thank you very much for your help, i have a question, if Obama doesn"t win the presidency again, whoever wins, can they change the rule about the waiver again?

Laurel(A) You mean will they change it back? Extremely unlikely unless you get someone who is truly full of hate. Most politicians see that something has to be done, but immigration is a no-win issue. The voters will be angry no matter what you do. No one wants to spend political capital doing anything about the problem. If someone spends that political capital, others will be relieved that he took the heat. They're not going to undo it. They will be grateful that it was done.

TSK(Q) from Rutty85: Hi, I read that you are recommending your clients not to go to CDJ for their Visa appt. for now. Do you think you'll start letting them go soon or are you waiting to see when the rule change goes in affect? My husband has his Visa appt. Feb. 1st, we are deciding what to do. Thank you

Laurel(A) If they are already abroad, there is no reason not to go. But if they are in the US, I'd at least like to see the dust settle on the staffing problems at USCIS-CDJ before I send my client abroad. Yes, the new Provisional Waiver process is a motivator to wait, but even if that weren't going on, I would still be telling Mexican clients to wait a few months for these problems at USCIS-CDJ to get resolved.

TSK(Q) from snyakowa:Hi, I came as a student in dec 2008, issued a visa by my country for two years, I went to school but fell out of status as i took a semester off. Went to another school which tried to help reinstate me but didnt end up doing it,then again i transfered to another school, so no I 20 as both schools didnt have experience in doing it. My visa expired but kept going to school. Met my husband a year later, had immigration proceedings granted vD, im to leave next month by 16th, we already filed I-130, they received it DEc 13th. What should I do, will i get forgiveness for being out of status, do i face a ban, should i take the VD or stay and get a lawyer?

Laurel(A) Because you were in duration of status you were not accumulating unlawful presence toward the 3/10 year bars until the judge told you that you were out of status. But I presume that was less than 180 days ago. You should be able to avoid the ban. You need your lawyer to make that argument to the consulate. I would not count on the consulate automatically finding that you don't need a waiver.

TSK(Q) From Mariposa1223: We submitted our FOIA to FBI and CBP. I am seeing that some ppl say to also send it to USCIS, should we send it there also? We were not advised to do so when we first sent it? Thanks

Laurel(A) It depends on what the issue is. If the only thing you're concerned about is something that happened at the border, then the CBP FOIA will suffice.

hope(Q) hi laurel, i was deported almost 5 years ago due to denied asylum, now at the embassy they are telling me that i am inadmissible because of sec 212 (a)(9)(2)(a) and have to apply from u.s where the immigration hearing took place. What does this sec mean and if so how long will it take to get an answer after i file the waiver? Please help. need your honest opinion. Thanks

Laurel(A) If you do not need the waiver for unlawful presence and only need it for the removal and no other ground of inadmissibility then indeed you file your form I-212 with the USCIS office having jurisdiction over the area where you were ordered removed. It sounds like the consulate is correct. This is what's called a 'lone I-212' case. These types of cases have a high liklihood of running into lengthy administrative problems.

hope(Q) what does sec 212(a)(9)(2)(a) mean. Please help

Laurel(A) I think it's supposed to be 212a9Aii. Prior removal.

Mendoza(Q) Hi Laurel, A question about VD and deportation? A person is caught within a couple of days of entering the US and goes before a judge. They are given VD by the judge and it should be noted that at the time they are a minor (17?). This person fails to leave the US and afterwards marrys a USC, they have kids, and about 5 years later they are apprehended after the filing of the I-130. They don't go before a judge at this point, but instead are released with an ankle gps. That is later removed and they are given a new date to leave by (again, no judge) and they depart at their own expense and turn in paperwork once they are abroad. The facts after being released imply it was still a VD, but is that normal for them to "re-instate" a VD order? Is the fact that they were a minor when the initial VD was granted affect this? They have since had their interview at the consulate and no finding of 9A and no I-212 required per the consulate (still waiting for waiver response), so no decision on that from DHS. Thanks!

Laurel(A) Expect USCIS to request an I-212. All kinds of technicalities have to coincide in order to get voluntary departure reinstated. Much more likely that it was reinstatement of a removal order.

mike(Q) Some embassy takes more than 1 years foe waiver. most medical expires in one year. why don't they just ask for waiver application and medical later. It's just waste of money

Laurel(A) Hence the new proposed procedure

gizeh(Q) Hi, Laurel, have you received any approvals that got referred on april or may 2011???

Laurel(A) I'm not sure

TSK(Q) Good morning Laurel! Were you able to read the AP story that was mentioned last week? Any thoughts?

Laurel(A) Oh, shoot. No.

25flores25(Q) Hello Laurel, Let's say I make 25K per year and I need to make 32K per year for the I-864 Do I have to have a co-sponsor if i can prove that I have 15K savings in the bank?? Thanks

Laurel(A) For most sponsors, the sponsor has to prove he/she has assets equal to at least five times the difference between the required income and the actual income. If the sponsor is the spouse of the alien, then the sponsor only has to prove three times the difference. So presuming this is for your spouse, you need to show $21K in assets. So, no $15K is not enough.

Laurel(P) It is now noon. There are questions pending, but the chat is closed. I will see you all next week.