Moderation starts.

Laurel(P) Good morning.

Laurel(P) Welcome back from the holidays. The chat did not occur last week due to the break. It's good to be back.

Laurel(P) My associate attorney Stacy Spain has started work at the firm. We are happy to have her.

Laurel(P) On to the questions.

TSK(Q) Sory that I'm late Laurel - couldn't get into the chat!

Laurel(A) You're not late. We just started.

TSK(Q) from leilei: Hi Laurel, My husband (EWI) is currently in Mexico. We had our first appt in CDJ in August, where he was denied due to admitting he once tried marijuana. The consular officer told him to call back in Jan to reschedule his appt. We made his appt online on Dec 28 and called Jan 3 (today). When he called (in Spanish) they told him that he needed to submit a report saying he's ready for his appt and finished his "punishment"(which he submitted today), then wait 6 weeks for the consulate to approve and then make his appt. Then I called (in English), and they said the approval could take 4-6 weeks, but we could keep the appt and hope that the consulate approves before the appt (feb 8). if they haven't approved it, we can scoot the appt out to the next available time. What should we do? Keep it? reschedule for a March date? Also, he was "thrown back" once while trying to cross.. after being punished for the marijuana thing, could they deny his visa again for EWI twice? Thanks Laurel!!! Lauren

Laurel(A) Well, this sounds like a new prodecure. If it's not incredibly inconvenient to go to the upcoming appointment, then go because I'm not sure the person on the phone is correct. But realize that he could be correct (hard to say since they are always changing procedures and not announcing it) and you may be wasting a trip to CDJ. So if you live nearby, then go. But if we're talking about a major trek accross Mexico, maybe reschedule. Also note that 9C is not for "multiple EWIs". 9C applies if either (a) you were unlawfully present more than a year, left and re-entered without inspection, or (b) you were deported/removed, left and came back without inspection.

TSK(Q) from candiathis: Hi Laurel, do you think a person being homeless at the time of a theft crime be considered a mitigating factor in the crime? Or could it be a potential drawback for possiblility of becoming a public charge? It's been over 10 years but it resulted in 2 cimt. Thank You!

Laurel(A) Yes and yes. Whether it's more of one or the other depends on how well he can prove that he's not going to be a public charge.

Lone_Star(Q) Happy New Year 2012. Hope this year will be better than last year for you and all of us.I was DV winner of 2011, My visa was denied and i had to file waiver. I have not received anything about waiver yet. My DV deadline is already expired. I have approved I-130 and in the final process of NVC to close the case.(have already paid all the fees and send all the forms and documents). My question is since i didnot put my approved I-130 with waiver does field officer knows that i have approved I-130 and i am in the final satge of NVC for visa interview. I am filling out of USA.

Laurel(A) I don't understand the statement "I am filling out of USA". Are you here and adjusting status here under the DV program? Then why would you need to go abroad to apply for the immigrant visa? The I-130 approval, while relevant to the pending waiver, is not 'huge' and probably won't make a big difference vs them thinking it's pending. Now if it were denied, that would be a problem for the waiver.

TSK(Q) from elenabraginski: Hi Laurel. Im considering asking for an expedite of my I-601 through Lima. My reason is that I am physically and financially taking care of and live with a Disabled parent ( on SS disability) while taking care of our 2 years old daughter all by my self. I was denied all financial assistance that I applied for since my husbands departure and Im having a very hard time in all aspects of life. my own health is declining because of this. Do you think this would possibly grand me a expedition?

Laurel(A) That does not sound like enough for an expedite. Please understand that the standard for expedite is completely different from the standard for approval. When you request an expedite, you have to prove why you should be allowed to cut in line ahead of all the other families who are experiencing family separation and financial distress. In order to cut in line in front of all the other families that are suffering the worst experience of their lives, it really has to be something life-or-death. You see, when you cut in line, you make their waits longer and there has to be major justification for that.

Laurel(P) And I'm not criticizing you for wanting to cut. It is completely understandable. I'm just explaining why the standard for expedite is so high.

TSK(Q) from rmstafford: Hello Laurel and Happy New Year! I just have two questions; Is there ANY way to track a lone I-212 and what is their timeline?? Thank you.

Laurel(A) For a lone I-212 they are SUPPOSED to send you a receipt notice that you can track on the USCIS website. Timelines are all over the place. Depends on the office.

TSK(Q) from Momof2: Hubby files waiver in cdj, 10/13 I email a medical expedite request, 11/14(I do not believe they received this) Senator office faxed this same request 12/5. As of today we have not heard a response on either the request or the waiver itself, lst week 10/13 waivrs were getting decsions by way of mexico city and nov waivers getting responses thru cdj. Is our file lost? What more can I do to find out what's going on ?

Laurel(A) CDJ is in a state of disarray. To my knowledge, inquiries and expedite requests are being completely ignored as the people who normally would review those are feverishly trying to get the entire system back on track.

Laurel(P) I would not hope to get an expedite approved for a CDJ case at the moment.

Laurel(P) I don't KNOW that they are ignoring inquiries and expedite requests. I just think they kind of have to because they have half the normal staff and can't keep up.

Laurel(P) Right now the USCIS staff in CDJ, which is half what it was a year ago, CANNOT humanly do what they have been tasked to do. Not with half staff.

Laurel(P) As of about two weeks ago I decided not to send any more Mexican clients out of the country until the problem is fixed. Those who had already left have nothing to lose in filing at this time as they are already outside the US. But I've been rescheduling consular interviews in CDJ that were supposed to take place in January and February if my client is currently in the US.

TSK(Q) from Shebaling: Hello Laurel: My hubby is in Mexico awaiting his waiver appointment in March. My question is: When he was 14/15 years old he said he was arrested for shoplifting a CD - he said he paid a fine and did community service. We submitted a statewide fingerprint check and it did not show up, he went to the county courthouse and it was not on his record, they said if the record is sealed/expunged that it is destroyed and they no longer have a copy of the citation/disposition. We -messed up- and did not include this on his visa application because we did not know what to put regarding what happened to the charge. This would not be considered a crime of moral turpitude since he was under 18 and the charge was minor, right? Is there a way to remedy this situation for his waiver appointment?

Laurel(A) Get a null record letter from the county, which is a signed letter on the county clerk's letterhead, stating that you requested the records and they are unavailable. Get two originals of this letter. Submit one with the waiver packet and explain that it was left out of the visa application materials and interview because you understood that juvenile offenses are not considered crimes for immigration purposes, but you have since learned that you should've included it. Given the nature of the offense, and the null record letter, that will PROBABLY solve the problem. At least it will be fixing it as best as you can.

Laurel(P) Note: This chat is not a substitute for a consultation. In a consultation the attorney has an opportunity to review the evidence, the entirety of the facts of the case, and ask extensive questions. Always consult with an attorney before departing the country or taking action on your case.

TSK(Q) from alessandro: Hi, Laurel. My wife and I have been living together for 8 years and always file our taxes separated. Now that we got married last March, should we file the taxes together or separated and what are the consequences of file them separated???? I-130 approved Nov-7. Thank you Laurel.

Laurel(A) Immigration likes to see joint returns as part of the proof of real marriage.

Laurel(P) Note that you will be required to prove real marriage multiple times over the course of your immigration case.

TSK(Q) from ktmnep: Hope you had great holidays. . This is second time i have filed waiver, my first waiver was denied because of lack of extreme hardship. It's been 5 months since New Delhi India received my application. My first waiver was denied in 142 days. Now it's been 156 days. Is it positive(approved) or negative(denied ) factor for taking more time. Since they already know about my cases in my first waiver.

Laurel(A) Processing times fluctuate dramatically over time. The fact that it is taking longer this time means nothing.

TSK(Q) From Jhernandez: My husband uses a fake LPR card and fake social for working purposes only, does this cause him to fall under the misrepresentation category, which receives a lifetime ban?

Laurel(A) Technically yes.

TSK(Q) rom visions99: Hello, my wife received her visa from the US (she processed thru mexico) it still shows her maiden last names, since we did get married on US soil...what are the proper steps for her to carry my last name (her married name and drop the 2 Mexican last names). For all of the I-130 and I-601 process the applications asked for her maiden names and almost never for her married name? Can this be easily solved at the ID offices in the USA or what are your thoughts to do this name change now that she is officially legal in the USA with her Visa. Her social and GC will arrive shortly and i am sure with her maiden names...we are trying to avoid future issues with maiden vs married name. thank you kindly

Laurel(A) CDJ prefers to use the maiden names. It's their way. It is extremely difficult to get the visa issued in a name other than what is printed on the NVC appointment notice. The green card will have the name printed on the NVC appointment notice. Getting the green card changed is extremely difficult. Essentially you have to surrender the green card for six months while it is being changed. She's allowed to use her married name even if her green card has her maiden name. She can take her marriage certificate to the social security office (recommend after the card is issued) and have a new card issued in her married name. She can then take the new social and marriage certificate to the DMV and try to get the driver's license issued in the married name (though I don't guarantee that this will go smoothly if it's different on her green card). She may still run into issues with the name on the green card being different from the one on the driver's license, but for the most part in US society, we use the name on the SS card and the driver's license for things like bank accounts and credit cards. The easiest time to get it resolved is on the naturalization application three years after she's a permanent resident.

Guero(Q) Hi Laurel. Quick question: I learned in one of my classes last semester than admitting to a crime is enough for an inmigrant to be inadmissible. This cames as a shock to me! Can you explain how does this regulation works? What kind of admissions are we talking about here (to a cop, an ins agent, a friend, an attorney, a family member, etc)? Is there any way to fix it when it happens? Thanks!

Laurel(A) Great question. There's case law on this. If the confession is made in the course of questioning by a government official in the immigration process, such as a consular officer or CBP official, the official is required to read the criminal statute in question to the alien before the alien admits to the essential elements of the crime. Exceptions: alien pleaded guilty to the crime (but was presumably not convicted for some technical reason) or alien admitted to the crime to the medical officer performing the medical exam for the visa. For the first of those, the theory is that the judge recited the section of law before the alien entered a plea. For the second, the theory is that there is no duty on the medical officer to explain the statute. This second one is very controversial. We run into this with drug crimes, especially in the Phillipines, where the medical officer will ask the patient about drug usage and the consulate has taken the position that if you admitted to using drugs, you admitted to possessing them. Drug crime grounds of inadmissiblity.

Becca(Q) Does Rome use diplomatic pouch or DHL/Fed Ex (to send approved waivers back to Casablanca or whatever destination)?

Laurel(A) I think they use a diplomatic pouch, but that's the kind of thing that's an internal procedure and they don't necessarily tell the attorneys.

romo(Q) it's been 4 years since i have been deported. I have 10 years ban for overstay. My wife is fileing waiver for me. Does time you spend outside USA is favorable factor in waiver?

Laurel(A) Theoretically yes, but my experience says no.

Laurel(P) Case law says yes.

Sammi(Q) Hi Laurel. I have a couple of friends from Honduras who are going through the consular process and will soon have an appt in Honduras. The applicant claims he was deported multiple times to Honduras before finally making it into the United States. Are these just throwbacks? same as Mexicans or is it an expedited removal? Their attorney said they will be ok and should be approved. What do you think?

Laurel(A) I would do an FBI fingerprint check.

Jhernandez(Q) If my husband is placed under the misrepresentation category is there a way to overcome this, would he still be eligible to file a waiver or should we abandon the process?

Laurel(A) Yes, there is a waiver for misrep for the spouse of a citizen.

Becca(Q) Follow up question is (regarding mail from Rome to Casablanca): how long does it currently take to get from Rome to the destination with whatever mail service they use after a waiver is approved? I have been waiting 7 weeks to hear from Casablanca. Is that unusual? I called Casablanca today, and they told me that Rome uses DHL or Fed Ex, which is contrary to what all my other sources have told me. I just think that 7 weeks is a long time to be waiting.

Laurel(A) 30 to 90 days.

Laurel(P) No pending questions.

Laurel(P) I will take this opportunity to state that I do see the government working hard behind the scenes to resolve the problem in CDJ.

Becca(Q) Laurel, I know that diplomatic mail is internal, but I have noticed that soe people were able to get the registry number. I have been very unsuccessful at this. Any advice?

Laurel(A) If you suspect the case has been misplaced, you might start asking for tracking information from the agency claiming they sent the packet. But remember that the people responding to your inquiries are the same ones who work on the waiver cases, so when you make lots of inquiries, you keep them from that other work, and you make the process longer than everyone. You are not personally responsible for lengthy processing times, but all the inquireis and expedite requests as a whole slow down the progress of the work. Make inquiries and expedite requests when you truly need to, but do so sparingly.

Guero(Q) Thanks Laurel! Can you expand a little bit more about the admissions regulation, please? Everything you say is very helpful... Thanks again!

Laurel(A) It's what's in the statute, plus the case law. This is one of those where there are contradictions in the law. If admitting to use is admitting to posession, and you can't get a waiver, then why have regulations on the remission of a drug problem? One of the basic principals of how the law works is that regulations and laws cannot be superfluous. If a certain interpretation of a law makes another law superfluous, then the interpretation must be incorrect. Therefore, the position that admitting to drug use makes you inadmissible for a drug crime, is not an allowable interpretation. Yet there it is.

25flores25(Q) Why we have seen so many referrals lately from CDJ. Especially in California

Laurel(A) Please see what I wrote earlier in the chat.

TSK(Q) So at this point I'm almost afraid to ask, but I know that it's a huge topic of concern - obviously they are still tweaking the new lock box system behind the scenes. Obviously they aren't going to roll it out for awhile yet. Any new news on what is expected? Sorry to be the broken record!

Laurel(A) In a few weeks.

Laurel(P) They are not putting more resources into CDJ. The only logical explanation is that they want to keep those resources in another project. Something has to happen very soon. I have no doubt that USCIS in CDJ is getting daily calls from Congressmen about these cases. They have to do something. And from their behavior behind the scenes, clearly the 'something' they are going to 'do' is this other project. They are not fixing the problem by fixing CDJ. They are fixing the problem with this other project.

Becca(Q) Ok, Thank you for your advice. I have found that all of the information I am getting is contradictory, and I am starting to think that is very common wihen dealing with the government. It's a shame that there isn not still a standard procedure in communication between consulates and embassies, etc.

Laurel(A) If you call the consulate three times and ask the same question, you will get three different answers.

sol_ec(Q) Hi Im a K1 beneficiary and I have a 3yo daughter someone told me this Im really concern her father is a US citizen and he never done CBRA have no idea how to contact him and they said she cant not qualify for a K2 cause she has a claim in her citizenship.

Laurel(A) It is very difficult to prove her citizenshipp without the father's cooperation. There are things he must sign and if he won't do it, you have to take him to court. This will be easier to do in the US. You can go for the K2, get her here and then take him to court. She can still get her consular report of US birth abroad later on even if she comes on a K2. But you can't say on the K2 that she's a US citizen. You might want an attorney for this.

TSK(Q) Thank you for the explanation. I know that you must be getting an earful from your clients as well. People just don't handle silence and chaos well when there's no clear plan. :)

Laurel(A) I have been in this particular circle of hell for many years.

solec(Q) they will find out in her birth certificate her father is a US citizen that´s my concern, even when he did not have anything to do with her for over 2 years I have sole custody

Laurel(A) Getting his name on the birth certificate is only one of the things that has to be done to prove her US citizenship. He also has to agree to be financially responsible for her until she is 18. And you have to prove his citizenship.

Laurel(P) It is noon. I will see you all next week. I think we will have much to talk about.