Moderation starts.

Laurel(P) Good morning everyone!

Laurel(P) A few announcements.

Laurel(P) Processing times for waivers are currently inconsistent. I have I-601s being processed in less than five months and other ones taking more than eight months. There does not seem to be any rhyme or reason to the difference as some of my quickly-processed cases were more complex than the ones taking more time.

Laurel(P) It is NOT expected that I-601 processing times will continue to be processed in less than five months. As for I-601As, current processing times are holding steady at three to five months, but it is NOT expected that processing times will continue to be that short. This is the fastest I've ever seen average processing times for waiver cases in my ten year career. Just based on experience I cannot imagine average standard processing times remaining that short.

Laurel(P) I-130 processing times have sped up dramatically. As recently as a year ago they were taking 15 months. They are now down to less than six months for some cases.

Laurel(P) NVC processing times have hit a high of about eight to twelve weeks from I-130 approval to issuance of the immigrant visa bill, and about two to four months for processing (excluding the provisional waiver process). This is expected to drop. Everyone going through the NVC process is very strongly urged NOT to make unnecessary phone calls to the NVC.

Laurel(P) The unnecessary phone calls compound the problem. It is expected that NVC processing times will drop in about two to three months.

Laurel(P) Approval rates remain high for all types of cases. I haven't had a denial yet in 2014.

Laurel(P) In other news, I accepted another waiver case, which means Scott and Associates will only be accepting FOUR more waiver cases for the remainder of 2014.

Laurel(P) Ok, on to the questions.

David(Q) I am a UK citizen and prospective K1 beneficiary via the London Consulate. All filing steps are completed and I am awaiting an interview. I have two arrests resulting in cautions from 2002 - one arrest for controlled substance possession and another for burglary/theft although I now consider that contestable/explainable. During interview, does my testimony of events contribute anything to the CO’s judgement? I see under INA inadmissibility exceptions, there is a lot of weight behind what offences you admit to. Should I expect an under-oath grilling as part of the interview? I am also concerned about possible historic misrepresentation via VWP since i’ve travelled multiple times since those cautions. This was an honest misunderstanding as to the questions regarding arrests but I hear London are very tough on this. Does multiple visits demonstrate multiple misrepresentations and hence more severe, and if so is London fond of imposing lifetime bans? I’m very stressed, utterly confused, and doing my best to stay positive and keep researching. Thank you for your time, from two kids in love. David & Kelsey x

Laurel(A) My understanding of the British caution is that it is only available if one admits to the charges, so IMHO that's admitting to the essential elements of the crime, which for US immigration purposes is the same as a conviction. BUT, I've never seen the London consulate take that position and they usually do not consider a caution to be admitting to the essential elements of the crime. So, I think you're ok on the criminal inadmissibility issue. As for the misrepresentation, London is notorious for finding misrep for people who have been arrested and answered 'no' to the question about prior arrests when entereing on VWP. Even so, there was a recent AAO decision where the Administrative Appeals Office effectively told the London consulate to stop finding misrepresentation as a matter of course in these situations and to actually look at whether the person intended to misrepresent. So, we've seen some relaxing of this issue at the London consulate. That doesn't mean you're in the clear. It just means it's not a sure thing that you will be found inadmissible.

nihad(Q) Does 212(a)(6)(C)(i) misrepresentation waiver waives and/or actual apply to “passport fraud” felony charge that happened 20 yrs ago, in attempt for application for US passport at the front office.

Laurel(A) 20 years ago would have been 1994. The false claim of US citizenship ground of inadmissibility does not apply to false claims made before Sep 30, 1996. So, a 6Ci waiver would cover the immigration violation. But, if you were charged criminally, you would also have a criminal ground of inadmissibility and would need a 212h waiver for that.

Blue(Q) Hello, Laurel. How are you today?

Laurel(A) I'm good. Thanks for asking.

nihad(Q) Aprox how many I601 you made in 2014

Laurel(A) Well, I've filed I guess 15 or so since the start of the year, but all of those are still being adjudicated. The ones I have decisions on were filed in 2012 or 2013. But it's about the same number. Around 15, give or take a few.

chris88(Q) hi laurel, i came in 2005 with a c1/d visa and i never join my vessel i ve been here since. and i had a petit theft back in 2006 i was found guilty and i was 1 day in jail. can i still apply for the i-601a provisional w.? thanks

Laurel(A) Nothing you've written here makes me think you are ineligible to apply for a Provisional Waiver.

Laurel(P) But obviously I would have to review all the facts in the context of a consultation to make a final determination of eligibility.

Blue(Q) From Nune: Laurel please tell me what to do? After all hard work and after waiting 10 years I got later saying we have Inadmissibility 212(a)(3)(B), which has nothing to do with our family. I know what this section means but we are stock and I don’t know what to do? Please give me your advice.

Laurel(A) 3B is the terrorism ground of inadmissibility. The finding is most commonly made in error for previous asylum applicants and their families whose run-ins with a terrorist organization formed the basis of their asylum claim. I would have to review the case to try to figure out where the accusation is coming from. You would then have to prove that you are actually not associated with the terrorist organization.

Blue(Q) From Island_girl: Good morning Laurel, my mother is a USC that wants to petition my brother. He is unmarried and over 21. Entered LEGALLY from Mexico a few weeks ago and has no criminal history. The US immigration website says that if he falls into one of the preference categories and entered the country legally then he can adjust his status once there is a visa available. Some other websites and other people say that it is not possible. Which one is true? Have you dealt with cases like this? How long does it usually take? Thanks for your time.

Laurel(A) He has to have entered legally, have an approved I-130, have an immigrant visa available (which usually takes several years for a preference category), and have continuously maintained lawful status. Because usually it takes years for a visa to become available in the preference categories and because usually one can only maintain lawful status on a nonimmigrant visa for months, not years, it is rare for a preference relative to adjust status when the I-130 was filed after he entered as a nonimmigrant.

Blue(Q) from Ksenia: Hello Laurel. I heard that permanent resident can file I-130 for his parents before he becomes US citizen. Is this true?

Laurel(A) No

Blue(Q) From newyorker1367: Hi Laurel. My lawyer submitted my husband's I601A application first and then sent in the HSL and evidence. Will this be a problem since he didn't send everything in together?

Laurel(A) Usually the minimum required items to get an I-601A pending are: signed and dated form, filing fee, proof of payment of immigrant visa bill (must show "PAID" and not "IN PROCESS"), I-130 approval notice, and signed qualifying relative letter. I've seen them reject for not having one of the first four ("reject" means they send you back your application packet intact and it is considered "never pending", this is different from a denial), but I don't know anyone who has tried to file without the qualifying relative letter, so I'm not sure whether it would be rejected or not. There is no question that you can send the evidence at a later date.

Lizbeth(Q) Hi Laurel. I mailed out my 601a back in Feb and dont know which date to go by. The receipt says it was received 2/17 but the first case status i sw online says the biometrics fee was accepted and my case is being processed at NBC on 2/20 (same date as notice date)

Laurel(A) The date on the receipt notice. (Aside: This is exactly the kind of question the chat is intended for.)

stephluvju(Q) Hi Laurel. This question is from a friend. Thanks in advance. Q: I have an approved I130 filed by my mom permanent resident mom with a priority date of March 27, 1992. I would like to get married but I went to a consultation with another attorney and he advised against it. I understand that there isn't a visa category for adult married child of a permanent resident. But couldn't my boyfriend who is a US citizen submit a whole new application for me?

Laurel(A) LOL!! Yes, if you marry a US citizen he can file an I-130 for you which does not have a visa wait time. I'd actually have to check the visa bulletin to see which one would be faster. Part of it would depend on your country of birth, so there's not enough info here for me to determine. The USC is almost certainly faster, but depending on the unique facts of your case there is, in fact, an outside chance that it would be faster and easier to immigrate through your mother's I-130.

nihad(Q) I have consulted with before I you recline to accept my case, if you remember my name (Nihad) would you take my case this years

Laurel(A) I've probably done over 1000 consultations, so please forgive me if I don't recall the facts of your case enough to answer that question. You would need to do a new consultation.

BostonImmi(Q) Hi Laurel! What are the government filing fees for the advanced waiver process? Thank you!

Laurel(A) It seems like a straightforward question, but it's not. The Provisional Waiver process is multi-step and there are filing fees at each step. The I-130 is $420. The immigrant visa bill is $230. The affidavit of support fee bill is $88. The I-601A filing fee is $670.

Lizbeth(Q) If processing times for 601a is expected to slow down, would you please let us know if you find out they will hire more adjudicators for the PW program? haha.. Also, anything significant on the USCIS Standard Operating Procedure (SOP) for Form I-601A, adjudication worksheet, and anticipated processing time (seen on recent postings on AILA site). Thank you (:

Laurel(A) Processing times will slow down because right now they are processing them faster than their goal time. Processing times never stay below goal for long as they will re-assign adjudicators to a different process. Usually processing times are greater than the goal time. If you want processing times to stay at or below what the current goal times are, you have to convince the government to decrease the goal time. I happen to think the goal processing time at the moment is incredibly short. I'm unaware of anything new in the past few weeks for SOPs.

sierra(Q) in 1998 my wife had a false claim of citizenship while crossing, now she has been here since 1999 and we have 2 children , Im an american citizen, i try to adjust her status in june 2012 and that is how I found out by the interviewing officer, so far no deportation notice,,is there anything that I should be doing to be ready when they come to deport her? can she travel withing the US by airplane with her mexican passport ?

Laurel(A) Believe it or not you probably WANT them to put her in removal proceedings. That would allow her to apply for Cancellation of Removal. False claim of citizenship does not prevent Cancellation. Talk to a local attorney about requesting ICE to issue an NTA. Usually they won't do it, but if she has a denied I-485 they might agree. Don't do it on your own. If she has a prior NTA you don't know about, they may have stopped her ten year clock, making her ineligible for Cancellation. If you don't know what that means, that's why you need an attorney. I can't promise she won't have problems travelling by airplane within the US.

nihad(Q) SO the criminal fraud ground means only I need 212 and I 601, right?

Laurel(A) I-212 is for prior removal.

Ksenia(Q) Hello, Laurel. We are filing I-601 for misrepresentation. I'm from Ukraine. Do you think the violence in Ukraine is strong argument to use for US citizen hardship?

Laurel(A) It's part of the totality of the circumstances, but it by no means makes your case a slam dunk.

Lizbeth(Q) Sorry, follow-up q. The date that says "received" or the notice date of the receipt? LOL sorry and thanks

Laurel(A) The "received" date on the receipt notice.

Lizbeth(Q) Great, how can we convince the gov't to increase the goal time?!

Laurel(A) Decrease. Talk to your Congressman.

Laurel(P) Ok, guys. It is way past 11:30. There are still questions pending, but I'm going to take off. Great chat this week. See you next week. I'll try to post recent transcripts later today.