Moderation starts.

laurel(P) I have a few comments before we begin.

laurel(P) As many of you know we had some turnover in staff this year. My new associate attorney LC Childress has been here for about a month now and is settling in just fine. Actually it’s hard to believe it’s only been a month.

laurel(P) My new receptionist Elizabeth has been here for about two weeks. She’s enjoying the work so far. She’s the one you’d probably speak to if you wanted a consultation.

laurel(P) And as many of you know, my paralegal Will was on staff before LC and Elizabeth arrived, so he has been helping them get situated.

laurel(P) In the world of immigraiton law there is a lot going on, most of which I've discussed in prior chats. There is one thing I did not mention in the prior chats that I wanted to make everyone aware of.

laurel(P) There is recent case law regarding 9Ci and it's not good.

laurel(P) The recent case law indicates that time prior to April 1, 1997 can be counted toward 9Ci if the most recent EWI was after April 1, 1997.

laurel(P) This case law is being challenged in the courts and we are awaiting a final outcome. But in the meantime the Department of State is putting many (most? all?) such cases on Administrative Review pending the outcome of the court cases.

laurel(P) Let me give some examples of cases that would or would not be affected by this.

laurel(P) Example 1: Alien enters on a visitor's visa in January of 1995 and is given permission to stay until June of 1995, but actually stays until June of 1997, when he departs. He then returns without inspection in January of 2008. Under the old interpretation of the law he would NOT be 9Ci inadmissible as he only accumlated about two months of unlawful presence after April 1, 1997 before departing and returning without inspection. Under the new interpretation, he WOULD be 9Ci inadmissible as they would count the unlawful presence before April 1, 1997

laurel(P) Example 2: Alien enters on a visitor's visa in January of 1994 and is given permission to stay until June of 1994, but actually stays until June of 1996, when he departs. He then returns without inspection in January of 1997. Even under the new interpretation of the law, he is NOT 9Ci inadmissible as his most recent EWI was before April 1, 1997.

laurel(P) Ok, on to the questions

trish(Q) Hi Laurel, Is there a special law allowing my brother, who has depression and dependent on my mother, to immigrate with my mother? I think you have explained about it a while back that is possible in certain circumstances. Will you take such a case? I applied for my mother and brother three months ago. I have not heard from them regarding my mother's application. Should I call them? What's the best way to know the status of the application? Thanks.

laurel(A) I do not remember this exact question being asked, but actually there are laws PREVENTING, not allowing, the brother to immigrate in this scenario. If he is likely to become a public charge, the government considers that a reason to keep him out, not a reason to let him in.

Mark(Q) Good Morning! In 1998 when I applied for non immigrant visa consular office placed a stamp on my passport with the remarks Application received and 6C right next to the stamp. Could you please tell me what does that mean? Thank you!

laurel(A) "6C" probably refers to INA 212a6Ci, which is the section of the Immigration and Nationality Act referring to misrepresentation. It sounds like he has found that you committed misrepresentation. That is a permanent ground of inadmissibility for which you will always need a waiver.

Hoping(Q) Hi, Laurel. My alien relative was denied a visitor's visa about 2 years ago (she previously overstayed her visa and left the US in 2007). I applied 1-130 for her (DS-230 not filed yet). I know she is not eligible for a waiver and most likely has a 10 year bar. My question is: should we wait until bar is over (which is 5 more years) and continue with the immigration process (since all the fees are paid already), or should we go ahead and finish it now to see if she gets lucky? After the bar is over, could there be problems for getting green card (no other issues other than overstay)? Will it ever be possible to get a non-immigrant visa after the bar is over? Thank you so much!

laurel(A) She applied for a visitor's visa even though she was inadmissible for prior overstay? I'd be concerned that there was fraud in the application. Not saying there is. Just concerned that there could be. And I'd also want to check for 30/60 day rule fraud, e.g. working without authorization within 60 days of entering on a visitor's visa. If there is, then it's a permanent ground of inadmissibility for which she would always need a waiver. It's hard for me to say whether you should just wait for the ten year bar to be over. I'd have to review the case. In regard to a nonimmigrant visa - I'd have to know more about the case. Generally speaking it's hard to get a visitor's visa after you've attempted to get permanent residence.

edpozo(Q) hi lauerl, my husband came in 2005 as a crewman C1/D and overstay for more than a year, has been here since, i believe he would be elegible for the provisional waiver. My question is he has had an arrest 6 years ago for petty theft(max imprisonment 1 year and sentence was less than 6 months)... Do you think that he would still be elegible? thank you!!

laurel(A) The theft conviction probably won't prevent him from being able to get a Provisional Waiver. I know the instructions for the draft form indicate that any arrest makes you ineligible, but I think that's just a mistake on the instructions because there's nothing in the draft rule indicating that any arrest makes you ineligible. With my comments regarding Provisional Waivers I asked the government to please confirm that it's just an error. From the draft rule my understanding is that criminal convictions don't make you ineligible for Provisional Waivers as long as the conviction doesn't make you criminally inadmissible. Now there is another issue in your case ... quite often people who enter on the C/D visa and overstay also have a tendency to go work for a different employer within 60 days of entering on the C/D visa, which could potentially trigger a finding of misrep under the 30/60 day rule. If your husband is found to have committed misrep, that would make him ineligible for the Provisional Waiver program.

victoria(Q) Hello! I woudl like to know if the criterias for proving extreme hardship I-601A will be the same as for I-601 and when needs to be paid NVC fees?

laurel(A) Yes, it would be the same extreme hardship standard. NVC fees need to be paid before you file the waiver application packet. But remember, the program is not yet in effect and you should not yet send your application packet.

hopeful(Q) Good morning Laurel; I have submited FOIAS to CBP and USCIS requesting information about the cancelation of my B2 visa and the withdrawal of application for admission at the airport in 1997 and both requests came back non responsive. I am going to submit my AOS based on Matter of Areguillin (I feel we have enough evidence to prove legal entry) and was wondering if I need to write and affidavit to inform them of what happened at the airport or should I wait unti it comes up at the interview. Thank you!

laurel(A) Areguillin cases are extremely difficult to win. Usually when an attorney wins an Areguillin case the immigration attorney community is abuzz because it's a bit like winning the lottery. It's hard enough to win with an attorney. I certainly wouldn't recommend doing it pro se. I don't know whether I would recommend an affidavit or not. I'd have to review the facts of the case.

laurel(P) Let me say a few words about what kind of quetions I can answer in the chat and what kind of questions I can't answer.

laurel(P) If answering the question requires a review of your case, I probably can't answer your question in the context of the chat. Usually any question where you ask, "What should I do?" or "Should I do 'X'?", I'm unlikely to be able to answer.

laurel(P) The chat is really for basic questions about immigration law and procedure.

laurel(P) For example, About how long is the waiver process? What's an Areguillin case? How does one petition for an alien relative? There's a "6C" notation on my passport - what does that mean?"

laurel(P) These are all great questions for the chat.

laurel(P) Ok, back to the questions.

trish(Q) Does this mean my brother will not be able to immigrate even when his priority number becomes current (let's say in 10 years or more)?

laurel(A) It depends on how serious his depression is. If he is able to demonstrate consistent employment and he is not a danger to himself, then I don't see why it would be a problem. But if he has been unemployed for a long period of time due to his condition or if he has attempted to hurt himself, he could face some issues at the consulate.

Nrod(Q) Hi, thanks for the info and possible new developments on 9Ci. My brother has been here more than ten years and entered illegally twice, once prior to April 1997 and once in 1998. He was also deported sometime in 1997, hence his return in 1998. My question is, if he were to get arrested by ICE, would he be able to apply for COR since he most likely is 9Ci inadmissible or does this not count for COR cases?

laurel(A) I don't know whether he is 9Ci inadmissible or not because it's not about the number of entries without inspection -it's about how long you were unlawfully present in the aggregate before the most recent EWI. But, it sounds like he is 9Cii inadmissible. That section of law applies if one is deported/removed at any time - including before April 1, 1997 - and re-enters or attempts to re-enter without inspection after April 1, 1997. That's been the interpretation of the 9Cii since the 1990s and is not affected by this recent case law regarding 9Ci. Also if he has a prior removal and came back without inspection he is subject to re-instatement of the prior removal order and one cannot apply for Cancellation of Removal if one is subject to re-instatement. I think the only way you could do that is if the government agreed not to re-instate, which is almost unheard of except in the most extroardinary of circumstances and even then you might have some issues with the stop-time rule. Basically, to answer your question, your brother will not be able to get adjustment of status, Cancellation of Removal, or an immigrant visa.

victoria(Q) I'm curently in removal proceeding (hearing in late 2013) , do i need to administrativly close the case before i cane file I-601A?

laurel(A) Probably, but the final rule is not out yet and even in the draft rule the government said it was working on some of the issues related to people presently in the US who are in proceedings or have been in proceedings.

juanito(Q) good morning

laurel(A) Hi

When(Q) A family friend received her permanent residence in the 80's. She currently does not live in the US, and hasn't lived in the US for at least 20 years. She continues to travel to and from the US every 4 or 5 months. My question is, how does she avoid detection from CBP that she has abandoned her permanent residence status? Her 'friend' is contemplating reporting her.

laurel(A) They don't always pay close attention every time an LPR comes in. She could be turned away at the border at any time and have her LPR status revoked. She's just been unusually lucky until now. It happens. Sometimes people get lucky. If she's here now she should remain until she naturalizes.

andres(Q) Hello Laurel from andres , my case has been returned from the consulate for further review ( I-130 it is for spouse visa ) , how much you charge to respond for Notice of intent to revoke to uscis ? Thank you laurel

laurel(A) Bounced I-130 cases can get very messy and difficult. I've never had a good experience with a bounced I-130/I-129F case I have won a few, but it's often a tough win. I've contemplated refusing to take such cases any more. I did just take one recently, but only because of some of the specific details of the case. What I'm saying to you is - I probably wouldn't take your case. We can do a consultation if you like, but realize I might decline.

hopeful(Q) Thank you for your answer. It has been impossible to find a lawyer that wants/can help me. I know this is my only chance since this is how I entered and doing consular processing will more likely get me banned for life. We are prepared for the denial of the application and to apply for COR if and when the time comes I have lived here for 14 years and my husband is almost blind so we have the hardship. We are planning to submit the i-130, i-485, i-765 and i-601. Thank you so much for all of your help and the info you give us here.

laurel(A) In looking for a lawyer who can do an Areguillin case, you should look for someone who has experience with waivers. Lawyers who do waivers are usually experts on inadmissibility and issues related to manner of entry, so they are the ones you want for an Areguillin case. There's me, Ana Maria Schwartz (Houston), Olsi Vrapi (Albuquerque), Heather Poole (Los Angeles?), Julie Ferguson (Miami), David Simmons (Denver), John Ovink (Tampa?), Randall Caudle (San Francisco), Jacob Sapochnik (sp?) (San Diego), Laura Fernandez (Milwaukee?) etc.

laurel(P) If an attorney reads that and can't believe I left him/her off the list, I'm sorry. I was typing quickly.

cupcake(Q) Hi Laurel. I'm from I2US. TSK has been able to post questions and copy your chat because she has an older version of Java on one of her computers. Most of us have an updated version of Java that does not allow the copy/paste function. This means we type the questions asked manually and do not get a copy of the chat transcript unless someone takes screen shots. We have been looking for people on the message board who have an older version of Java that still allows the copy/paste functions to work more easily, but so far, no one has been able to do this. I just thought I'd let you know.

laurel(A) Also, I post my transcripts. I don't always do it right away, but they make it to my website eventually. Sounds like the issue is with Java.

laurel(P) No questions at the moment.

laurel(P) Let me say a few things about EADs for Dreamers.

laurel(P) "EADs for Dreamers" was announced June 15 and the Stakeholders Meeting was June 18, less than two weeks ago.

laurel(P) I seems 'natural' - if you will - for me to get into this area since I've always focused on the community of unlawfully present immigrants.

laurel(P) I'm working on a new intake sheet and contract for this type of case. I should have those ready by July 9. There will also be changes made to my website. The government won't have procedures ready until probably mid-August, but I have a pretty good idea of what will be required. So I'll be getting started on these cases in mid-July.

laurel(P) I have a lot of current clients who appear to be eligible. I will be charging extra for this service for existing clients as this additional work was not contemplated in the original contract. HOWEVER, the fee will not be substantial compared to the legal fee for the waiver. For new clients it will be in the neighborhood of $1000 to $1500 in legal fees. For existing clients it will be less.

hopeful(Q) Laurel you are fantastic!!!! Thank you so much for everything you do for us, God Bless you.

laurel(A) Thanks.

laurel(P) No questions pending. Wow, slow chat today considering everything that is going on with immigration law right now.

laurel(P) Ok, then I will close just a few minutes early today. I will see you all next week.