Moderation starts.

Laurel(P) Good morning

Laurel(P) It is 11:00 and the chat is starting.

Laurel(P) First, a little news.

Laurel(P) 9 FAM 40.63 has been extensively revised.

Laurel(P) This is the section of the foreign affairs manual regarding misrepresentation under INA 212a6Ci and false claim of US citizenship under INA 212a6Cii

Laurel(P) These sections seem to have been quietly revised earlier this month without much fanfare. In fact the revisions were posted for nearly two weeks before it started to get the attention of the attorneys who practice in this area.

Laurel(P) The foreign affairs manual is the policy of the Department of State, not USCIS which is under the Department of Homeland Security. DOS policy is not allowed to directly conflict with USCIS policy. We are still waiting for the USCIS policy to come out, which will over-rule anything in the FAM where the two may conflict.

Laurel(P) I am still digesting all the changes. They are actually fairly nuanced. I will be posting a considered article on the subject on my website in the next few days, but I will give a few highlights here.

Laurel(P) In order for a minor to be held responsible for a false claim of citizenship under INA 212a6Cii, the child must have possessed the maturity and judgment to understand the consequences of his/her actions. This new policy will be a huge relief to children who were under the age of 12 at the time the false claim was made. I throw out the age of 12 though I note that no cutoff age is listed in the FAM. For older teens there is room for the government to argue that the person knew what was going on. So it's not as clear cut as we were hoping.

Laurel(P) Another important policy shift in the revised FAM is that a false claim of citizenship requires an affirmative act on the part of the alien. So, mere presence in a car that is 'waived through' will not result in a finding of false claim of US citizenship and the mere fact that border officials let a person in without a visa will not, in itself, lead to a finding of false claim of citizenship. This is very significant for people who were let in this way. And as I said, it is a change in policy.

Laurel(P) In other news with immigration law and procedure, there seems to be a system-wide glitch in the online case status system. Attorneys are reporting that for many cases the online case status indicates that a piece of mail was returned to USCIS and the case is thrown back to 'initial review' even if a decision had previously been entered into the system. Needless to say this is causing quite a bit of stress for a lot of people. I cannot say that it is always an error. I think the case needs to be checked on every time to be sure it's a mistake. Just realize that there is this systemic problem and try to remain calm while the attorney investigates.

Laurel(P) On the home front, my office is getting ready to start doing Webinars next week. We will be posting additional information about it on the website as soon as the information is available. Some technical matters are still being finalized but at this time we still expect to commence the webinars next week. As I had said last week I plan to continue doing the online chats probably until the end of April and then after that the weekly Q&A would most likely occur through the online webinars. Some of the final details about time slots may change before everything is finalized for next Tuesday, April 2.

Laurel(P) Ok, on to the questions.

Mai64(Q) I applied for i-130 in January and got a letter from USCIS for an interview apointment. Is this normal? I came here as K2, filed annulment with my previous petioner. Two years later, got married to my current husband for 12 years and have a daughter together. What do you think they would be questioning me about? I'm currently out of status, could they detain me? Thanks Laurel.

Laurel(A) There has been a recent change in policy. Whereas previously people were only brought in for an I-130 interview if (a) the person was adjusting status, (b) the alien had previously been issued a Notice to Appear or had an expedited removal, (c) the I-130 was not filled in correctly, or (d) there was some other major problem with the case, now the policy is to select a handful of I-130 cases at random to send to the local USCIS office to be brought in for an interview. This "lucky" group is in addition to the other groups listed above. You may be one of the lucky ones.

IMinCA(Q) Good morning! How are you?

Laurel(A) Good, thanks.

IMinCA(Q) So I'm assuming we don't know when USCIS policy will become available.

Laurel(A) Eventually

sam(Q) Hi, My husband has aslylum that was approved in February 2010 and he is a green card holder. He has traveled overseas before on his green card over the past 3 years but never to the country of persecution. Country conditions in the country of persecution have changed and the sanctions on that country have recently been lifted by the EU. He wanted to see if it be ok to travel to the country of persecution for about 2 weeks for a family event and still be able to return to the US and not be denied entry.

Laurel(A) This issue has been a matter of debate among attorneys. Our collective legal opinion is that technically permanent residence can be revoked if the permanent residence is based on asylum and it is deemed that the person is no longer in danger of returning to his/her home country, BUT in practice the government has not been trying to revoke permanent residence for this group. As to whether he could be denied entry - if the person attempting to enter the country has a facially valid permanent resident card, but CBP believes the person is no longer a permanent resident as a matter of law, CBP has to allow the person to see an immigration judge. Now, CBP does have the option of placing the person in detention while he/she awaits a hearing. But CBP is only likely to do that for someone suspected of criminal activity. In most other cases the person is likely to be paroled in and will be notified of the hearing date.

Wendell(Q) Have you received biometrics appointment letters for your client's I-601A's?

Laurel(A) Not yet, but I'm sure it will start happening soon.

IMinCA(Q) From Murillo79- My husband has the INS 212 9 C bar. We have until 1/2018 before we can schedule another interview at the Consulate in Juarez. I saw from last week's chat log that you recommended someone would have to start over with the I-130. Our I-130 was approved in March 2007. I have contacted the NVC every year and each time I call they say there is no need to as the I-130 is approved and the case is at the Consulate in Juarez. I then call the Consulate in Juarez and they inform me that we can not request another interview until 1/18/18. They state that our case is still at Juarez. Each year I've been told I can call on 1/18/18 and request another interview and it will be scheduled. Is it necessary to file an I-130 and a new case after the 10 year bar? Or can we just contact the Consulate and schedule the new interview?

Laurel(A) As long as you contact the consulate once a year and they keep agreeing to keep the case open you can probably avoid filing a new I-130.

IMinCA(Q) From Jiqqa. Laurel a pleasant goodday, a convo I am having with my friend stating being approved for I 130 & at NVC ensures a letter from CO to mail waiver to lockbox with CIMT/deportee status right now. I say it can be denied based on what I have read about being inadmissible ,and having to get the atty to file an AO ( I hope I am correct) am I? What kind of AO would that be Thanks and have a nice day.

Laurel(A) I'm not sure I quite understand where your case is right now. But if you believe the findings of the consular officer are incorrect - e.g. that you were not deported/removed - then you can take the matter up with the Advisory Opinion office. Having said that, going through the Advisory Opinion office is rarely the best option. I usually only do that when the client would not be inadmissible on any other ground except for the one that I'm fighting and I think the law is clearly on my side. I did just win a case like that through the AO office, but I only win those maybe once a year.

IMinCA(Q) From Anava: when it comes time for naturalization after 3 years of marriage, what are they going to look for in taxes? Can it be filed as married filing separate or does it have to be married filing jointly? On a totally different topic, for DACA can someone use a diploma from an online school that's accredited?

Laurel(A) For natz they are looking to see that you're still living together and you're still really married. Mostly at this point they're looking for continuous cohabitation and current cohabitation. Tax returns with the same address are good for that. Generally, immigration lawyers like it when the clients file "married filing jointly". That makes us happy. For the DACA case, there are extensive rules about meeting the education requirement through a non-traditional program. I would have to study the rules and study the details of the program. There are some fraudulent online diploma programs, some of which are completely fraudulent where you pay a fee and they send what looks like a dimploma. Some such scams shot up in response to the DACA program. The government is wise to this and will scrutinize any non-traditional program used to meet the requirement.

Laurel(P) What's a traditional program and what's nontraditional? Traditional would be an accredited in-person high school such as a public high school, a GED test governed by the State, a regular in-person college program, a regular in-person community college program or something along those lines.

Laurel(P) Basically, if you're not sure, it's probably non-traditional.

IMinCA(Q) From El Cata: In your opinion, what might be the future for DACA recipients? Dou you believe this will become another TPS type of status that might last for many years?

Laurel(A) I think it would be very difficult politically to just dump this group of people back into the pool of unlawfully present immigrants. Either the program gets renewed repeatedly, leaving this group in an extended, legal limbo (like Salvadoreans and TPS) or the program gets replaced with something more permanent.

IMinCA(Q) From Immi303: Good Morning Laurel ! I have appealed BIA for denied I-130 (based on minor discrepencies during stokes interview). I was on H1B before which is not valid now. What should i expect next and when? How i can track the progress? If denied, what can be done? Is there any place where i can see the past decisions from BIA on EOIR-29 cases?

Laurel(A) I probably would've re-filed unless perhaps there's a preference category issue. But the last time I did an I-130 appeal to the BIA it took the better part of a year.

IMinCA(Q) From Immi303: Good Morning Laurel ! How it'll go If after filing the BIA appeal (I-130 based, EOIR-29), i refile the AOS(I-130 & I-485) packet also? I mean will i get interview (& could be approved too?) even if BIA appeal is still pending? Would you take this case if offered? What would be the fee? What are my options if my wife & i are get separated after filing the BIA appeal (I-130 based, EOIR-29)? I had H1B which is no longer valid now.

Laurel(A) I'd want to take a look at it. You should do a consultation.

IMinCA(Q) From Immi303: Thanks for taking my question. In the "Obama's comprehensive immigration proposal", what is there for the guys on H1B? Also, guys who have overstayed their H1B?

Laurel(A) Mostly the two sides are talking about what to do about the 10+ million unlawflly present people and they are focusing on people with no grounds of inadmissibility other than unlawful presence. They are going to hash that out before getting into details about other issues.

IMinCA(Q) FromFam:Should I be worried my husband had a valid SS# he has been working and filing his taxes every year never has put down his a US citizen his brother got him the SS# his brother says its a valid SS# we did out it down on his I-130 and I'm about to file i601a I have been reading so much on false claim of being a US citizen that I'm having the worse nightmares ever I would appreciate your answer thank you

Laurel(A) If it's really his social, then there shouldn't be a problem. But I wonder how his brother "got him" a SS#. It sounds to me like you're wondering whether it's really his or not.

IMinCA(Q) From gaby.c.s.: Hello Laurel, as you know this week there was a change to 6c regarding it applying to minors. I have the 9C, 10 year ban. My re entry occurred when I was 14. My question is, have you heard or do you think in your personal opinion that similar changes may apply to other bans regarding minors, such as mine? Thank you for your time.

Laurel(A) I did go and check whether there were any changes to the FAM when it comes to 9C and there were no changes to that section.

garciajuanelo(Q) Good Morning my question is: We applied for my husband's waiver in June 2008 we were told to wait in Mexico a year for our answer but we didnt. He crossed the border again Illegally, but I was just told last week by immigration that our waiver had been approved June 2010. We never recieved that notice and need to know what, if anything we can do now?

Laurel(A) No. Now he is subject to 9C and even though the waiver that you previously filed is approved, that does not alter the fact that he now has an additional ground of inadmissibility acquired after the waiver application was filed.

Melissa(Q) Hello and thx for doing this. So, I'm a US citizen, husband(fr Peru) EWI in 2005, was detained and brought back to Mexico. Reentered one week later, been here since. Recently requested FBI records! Do these records contain deportation/detention/removal records? Is it necessary to also request USCIS&CBP records? If so, does the latter make one more of a target regarding deportation? Also, when filing I130, is there always an interview?

Laurel(A) I would do the CBP FOIA as well as the fingerprint check. No, that wouldn't make you more of a target regarding removal. There's not always an I-130 interview, but there could be one.

IMM(Q) Hello Laurel, u told me once I had a "a golden ticket"bc I qualify for I-245/grandfather. Now fast forward 3yrs. later. At n-400 interview my merriage was questioned bc of taxed done being done jointly but bc I didn't have anything to worry about I went into verry confident. At 2nd interview we proved our merriage was real and passed. Also, at 2nd interview at was presented wit a paper he got from internet stating that I register to vote. I was told to remove my name from voting rolls and provide a copy of my voting history which was blank bc I have never had intentions to vote. I knew this one a requiremnt to apply for naturalization(can't vote) so I never imagine I would find myself in this predicament. I was found not elgible "now"due to having bad moral character bc I "lied". Question is, in 5yrs. will they bring it up again? I can honestly say that I have never gone anywhere with the intent to register myself to vote. The only thing I can see myself doing then(was 20yrs old) is signing papers without reading them as bad as it might sound but it's the honest truth. How does one prove that it was not unconciously, I was not aware that I had registered to vote. If at anytime it had crossed my mind to vote, I would remember, trust me. But I did not do it knowingly. How does one go about proving one's innocence on something like this to immigration. What has been ur experience and can one overcome it?

Laurel(A) They might be saying you lied on your N-400 in which case you just wait those five years and re-file. They could bring it up again. You just have to be forthcoming in the application.

sam(Q) Thanks Laurel, Can I arrange for a phone consultation regarding this asylum issue and how much will that cost.

Laurel(A) Please click on the "Consultation" button near the top of the page and read the information there.

nrod(Q) Good morning Laurel, this question is for a friend who would like to apply for the provisional waiver. He has been conned by a lawyer and is looking for another one right now. He came to the US in 1992, applied for asylum and was given a work permit for many years. In Dec 1997 he left to the US to his home country El Salvador. Came back to US illegally and applied for the work permit again through asylum sometime 1999. He was gone for about 16 months. He now has TPS and is married to US citizen. Can he even apply for provisional waiver or does the asylum application cause problems along with his departure. I should also mention he applied for asylum with another name, not his real name, just some relatives birth certificate from El Salvador. I told him he should probably consult with you but that I would ask on your chat anyways. Thanks

Laurel(A) Well it's certainly fraud, which means he's not eligible for the Provisional Waiver as the Provisional Waiver is for simple unlawful presence only. If the asylum application was made in 1992, then he would not be subject to the frivolous asylum ground of inadmissibility (technically it's a bar to future benefits, not a ground of inadmissibility, but the effect is the same) as that ground only applies if the asylum application was filed after April 1, 1997. By now the asylum application should have been denied and I wonder whether he was placed in removal proceedings and oredered removed, perhaps in his absence, which would make him ineligible to apply for a waiver for five years from the date of next departure. I don't know. I'd have to ask him a lot of questions. Lots of complications in this case.

valentino(Q) I spoke with WIll(your staff member) on Monday and he informed me that your webinar sessions are being developed. Any idea as to when the first one will be broadcasted. Also what the cost will be for your sessions. Thanks.

Laurel(A) Yes, I got the message. You called after I left the office and I was out yesterday. The message is sitting on my desk. We will start broadcasting next Tuesday and the Webinars will always take place on Tuesdays. Some will be free and some will have a price. There's some info on my website now, but I will be posting more quite soon. I was hoping to have a bit more info posted by today, but we're finalizing some technical matters. Check back on my website tomorrow.

Melissa(Q) Do you know if I130 interviews are done at a central location? And do your attorneys attend those appointments with clients?

Laurel(A) The I-130 interviews are always done at the local USCIS office and never at the Service Center. Ok, never say never in immigration. But almost never. We charge extra to attend such interviews. If it's not in Houston, we can arrange for an attorney local to you to go with you, but there is an extra fee for that. There is a lot of comraderie in the immigration lawyer community and it's not usual for us to ask each other to attend an interview for a client if the client is closer to the other lawyer. There's always a fee paid to the other attorney, but the fact that we do this for each other at all often blows the minds of attorneys in other areas of law.

Laurel(P) There are no questions pending if anyone had anything else to add.

Laurel(P) By the way, I have jury duty on April 10, so no chat that day.

Laurel(P) If there are no more questions, I will close the chat just a few minutes early. I will see you all next weke.