Chat Transcript May 18, 2011


Moderation starts.

Laurel(P) Good morning.

Laurel(P) The chat is about to start.

Laurel(P) If this is your first time here, I encourage you to click on the link directly about the chat window that reads "click here". It will give you some instructions on how to get the most out of the chat. Always remember that the chat is for simple questions about the law and procedure. We will be unable to answer questions that are highly fact-specific as those questions are more appropriate for a consultation.

Laurel(P) I do have one announcement about an apparent change or implementation of procedure. Today a client who was attempting to depart the US to go to his consular interview abroad was identified by airline officials as unlawfully present, handed over to CBP, fingerprinted and questioned. He was not put through an expedited removal and CBP did rush his interrogation so that he would not miss his flight. I am concerned about this event and will keep you posted.

TSK(Q) from remy_06: Hi Laurel.I am a K3 visa holder and filed AOS this month.MY visa is goin to expire on june.I have 2 kids that didn't moved with me here in the US.I just wanna ask, are they still eligible for K4 visa or better my husband will petition for them.?Thank u in advance.God bless!

Laurel(A) You can apply to extend your K3 visa for two years, though technically they are only supposed to grant the request if your I-130 has not yet been approved. A K4 must be the child of a K3 so if you no longer have a valid K3, your children cannot get a K4 and your husband would have to file I-130s for them. He would have to do that after they came anyway, so might as well get that done.

Gabiatti(Q) Good morning, Ms. Laurel. I overstayed in the US, fill for a waiver that was denied. I'm unmarried son of US citizen, I-130 approved jul, 2007. My last entry in the US was after my approval, on Oct, 2007.

Katherine(A) Ok . . . What is your question?

TSK(Q) Good morning Ms. Scott: I'm under Admin Processing after my waiver approval, but I still don't fully understand what does it mean, is the CDJ consulate trying to find more inadmisibilities (not that I have more only EWI), or what is that they do with our cases? I'm just worried because I have not received any letters and no new info from the 202#. It's been six long weeks for us, and you said that AP could last from a few days to a few years and no one has a way to speed it up. Thank you

Laurel(A) Right now for CDJ it is normal for it to take 30 to 90 days for them to schedule a new visa appointment following waiver approval. I know it is frustrating, but at the moment, there is no indication that your case has gotten off track.

Jack(Q) Do you think they will make it more easy for I-601 soon? or is there any change coming soon for waiver(I-601)

Laurel(A) I'm not sure whether you are referring to approval rates or to procedures and processing times. I do expect some major changes in procedure in the near future, though I am concerned that it has not already happened and my hopes wane with each passing day. If/when the change in procedure occurs, I expect processing times to increase dramatically, though the benefits to the applicant for the change in procedure outweigh the detriments of increased processing time for the majority of applicants. I do not expect any changes in approval rates any time soon. While we are sometimes frustrated by some of the denials we receive, the fact of the matter is that the government is actually quite lenient in the adjudication of waivers. The laws are too strict in regard to the finding of misrepresentation and some other grounds of inadmissibility, but that is a different issue from the approval of a discretionary waiver after inadmissibility has been found.

TSK(Q) From Samdy: HI, i'm about to go to my CDJ interview and my lawyer couldn't (or wouldn't) tell me if i qualified or not for the Waiver if my visa was denied, so in case i do qualify (which i think i do since i have no criminal records), how much do you generally charge to be the lawyer for the Waiver process?

Laurel(A) Our legal fee for a waiver begins at $7980. We would have to review your case to give you a firm quote and determine inadmissibility.

TSK(Q) From Excluded: I understand that no waiver is available for people who have had PR status and are then convicted of an aggravated felony. What if “the crime” was committed before temporary permanent resident status was granted? I did not misrepresent myself on immigration forms. The authorities investigated and arrested me years later for something done years before. Left USA before adjusting status. Do you think a waiver would be available?

Katherine(A) Many of the rules regarding aggravated felons apply to just lawful permanent residents, so if you never adjusted status, you may possibly have relief. The laws on this topic are very complicated, though, so you definitely need to have a consultation with an attorney. It's too complex for the chat.

TSK(Q) From Samdy: I was 'caught' in Las Cruces Checkpoint, and i was told i was granted Voluntary Departure but i never saw a judge nor was given any papers about it. Returned by bus to CDJ and the CBP Officers told me 'there would be no legal repercussions for you'. My question is after my lawyer knew all of the full details she couldn't tell me if i qualified for the Waiver or not, i have no criminal records and i haven't tried to go back since i left in 12/27/09 but i had overstayed for over 1 year when i was caught, Do you think i qualify for the Waiver?

Laurel(A) Actually I also need more information before I can make a determination. If an alien is caught within 100 miles of the border, CBP can either put the alien through an Expedited Removal or grant Voluntary Return (not quite the same as Voluntary Departure, but close), both without allowing the alien to see an immigration judge. If you were unlawfully present for more than a year after April 1, 1997, departed for any reason, and then returned without inspection, then you are subject to INA 212a9Cil even if the incident at the border was not a removal.

TSK(Q) From waitinginlorton: Husband was denied visa from Islamabad for overstay in USA and told we will need to file I601 Waiver. He had applied for asylum in his 7 year period that he was here in USA. In our waiver we didn’t include anything on the asylum because honestly speaking I didn’t have any paperwork from the case. I have good hardships but the question is; will omitting the explanation about asylum affect our I601 waiver negatively?

Katherine(A) Maybe, maybe not. Some USCIS offices really look poorly upon denied asylum applications, particularly if they believe that the claims weren't serious, and were made just to prolong one's stay in the US. We do usually like to discuss the grounds for the asylum claim in the waiver application. However, if the asylum claim wasn't really legitimate, then there might not be much to say on the topic in the waiver, and you'll just have to see how USCIS looks upon it.

TSK(Q) from buddadaisy- my mother is going to sponsor my husband because i don't make enough but she amended her taxes this year and the previous 2 years to claim her husband who is on social security. im just wondering if its going to make the NVC process more complicated since they've been amended or if the transcripts will be all thats needed. thank you.

Katherine(A) It shouldn't be a problem. You'll just want to include the amended tax returns with the application.

TSK(Q) from lalabing: Hi Laurel. I am looking to hire a great lawyer to help my fiance and I with the whole waiver process. We have no idea what we are doing or where to begin, and having someone there who is worth the money will be a great help. I was wondering if you had any recommendations for someone in Georgia. I was also wondering if there was a way to expedite the process for someone who was brought here as a child ( through no fault or choice of their own) is this not even a consideration for the almighty few who make the decision of who stays and who goes? Thanks so much for all of your help!!

Laurel(A) We handle cases for clients all over the United States and even when both the petitioner and beneficiary reside abroad. We are comfortable with long-distance representation. The tender age at which you were brought to the US will be a mitigating factor in the adjudication of your waiver, but unfortunately it is not a ground for expedite.

TSK(Q) from kiko: I will be going out to Mexico soon and I was just wondering if immigration officers check people that are leaving the country? if so would I be detain and deported or just released in Mexico?

Laurel(A) Well, it just happened to one of my clients today, but it could be an isolated event. He was fingerprinted and then permitted to catch his plane.

Laurel(P) There were hardly any questions the last two weeks and then today there are dozens! We are answering the questions as quickly as possible. Please just be patient and do not double-post your question. It could be 30 minutes after you post your question before it is answered.

TSK(Q) from memi 1111,hello laurel ,.we hear about the discussion about immigration reform is that just for illegal in usa or people with 3 and 10 year bar

Laurel(A) Everyone. There is lots of talk. Not a lot of action.

TSK(Q) cecinjorge: My husband had a visitor visa and on 2007 he pleaded guilty on a felony which is an aggravated felony, last week we got it vacated dismissed (post conviction and it was granted) for misadvice of attorney he pleaded guilty and know we got the origional felony or conv. overturned. On 2008 his visitors visa was removed for living in the u.s. not because of the felony. My question is will he still need a waiver and will he be eligible for it???

Katherine(A) He might need a waiver. When a conviction is overturned, in order for it to not count for inadmissibility purposes, he must be able to prove that it wasn't overturned SOLELY for immigration purposes. Plus, if he pled guilty, he made an admission of guilt, and that's all that's needed to find one inadmissible. There's a high likelihood - in my opinion - that they will find him inadmissible. Whether he's eligible for a waiver will depend on any other grounds of inadmissibility that he may have.

TSK(Q) from boozels: Hello,, what're the average backlogged timeframes for K1 cases now that are already pending in CDJ? Specifically, cases that're checked for "lack of HS evidence".

Katherine(A) It depends on the office to which they're sent for adjudication. Officially, I think they're saying 10 months, but we've had some take less. (Others have taken longer.)

TSK(Q) from jesus1985: Laurel – I was recently granted permanent resident status thru COR, I followed the instructions on the sheet IJ gave me and scheduled and info pass appt to update my status in their system, I was told that it could take up to 30 days to receive my PRC, it’s been almost two months and I haven’t received anything, I scheduled an info pass appt again to inquiry about my card and I was told to call the immigration 1800 #, I called and I was told to send an email to CITRIXEOIR which I did but I haven’t received a response from them. Should I be concerned about this or should I just consider all this an administrative delay? I just think this is weird because I received my bond money after 20 days of IJ decision but no PRC.

Laurel(A) Sounds like an administrative delay, but since it is more than 30 days since the time when you were told the case would be complete, it is not inappropriate for you to be making some noise. Your attorney can file an inquiry and/or your Congressman can.

TSK(Q) From Juancho: My wife is having her visa interview first week of june,in ther american embassy in Bucharest ,Romania (she is a derivative beneficiary thru employment),and she'll be denied for overstay,(she came with a c1d visa)and really want to know if possible to present the waiver the same day . Thanks for sharing your expertise.

Laurel(A) As far as I know Bucharest does not have a policy prohibiting acceptance of the waiver application on the date of the consular interview (some consulates, such as Rio do have such a policy), but the absence of a policy to refuse does not mean that it will be accepted on the date of the interview for any given case. Sometimes there are administrative delays that prevent them from making a final finding of inadmissibility on the date of the interview. If this occurs, they will not be able to accept it that day and will have her return.

TSK(Q) from MyAmado: Hello, I just wanted to ask is it harder or possible for me as USC to petion for step son (8) living in Honduras or should husband petion him when he gets his GC?Thanks

Laurel(A) There's no reason to wait to file the I-130.

TSK(Q) from Aldiak: I was in remova, apply 130 did the interview and pass. Apply for 485 in april 2010, moved to another state. Then the judge terminated my removal in august 2010. At my interview i told the officier that i moved he then asked if i want to move the case but i said no. So he did the interview. He told me he can't approve me right now cause he doesn't have my file. The ice didn't send my file,to wait 2 weeks.that he request a A-file transfert. A month after i paid a lawyer to do infopass for, cause im not in the same state. He said they told him they received my file, but couldn't figure out the officier. To come back in 2 weeks if we don't receive anything. A month later i asked him to go back, then he told me Atlanta is far behind and infospass wont help. And i asked him since it is like that can i get my case transfert to my state, he said no that wont help. My questions are now: is he telling me the true? why can't i transfert my case. What can i do now.? My case is in Atlanta. please help thanks.

Katherine(A) I have no idea if he's telling you the truth. You probably can't transfer the case because the officer already have you the opportunity to do so, and it sounds like you declined. You need to send the office a change of address notification, and then you can write the office to inquire about the status of your case. You can also check the status online. You can always try infopass, and it may or may not help. Atlanta does seem to be moving slowly, so the attorney is quite possibly correct that they are very backlogged.

TSK(Q) from anita: Laurel - in the recent past when one contacted the NVC at the famous "202#" the operators there were able to give a response for waiver applications for the embassy in Juarez. Currently the operators are not giving any concrete information out. Do you know if thier policy has changed recently? If yes this would be helpful to know for alot of our forum members, since in the past we have relied on this point of contact for getting information about waiver application decisions. Best regards.

Laurel(A) I'm not aware of any policy changes related to this. But do note that "the 202 number" is for Department of State in DC, not USCIS and not the CDJ consulate. They can only inform you if the consulate has received the approval notice AND the consulate has noted the receipt of it in their computer. If they tell you that the waiver has been approved, then that is reliable information. If they tell you that there is no approval, then that is not reliable information as it is possible that either the approval has not reached the consulate or the consulate has not yet noted the approval in the computer.

TSK(Q) from Gonzalez: Can you delay/postpone a master hearing for removal proceedings in order to qualify for COR? My SO is EWI 5/2003, detained by ICE 5/2011, released on bond. He's a 9C (EWI 2000 and 2003). We don't have his first court date as of yet. Would we be able to delay/postpone the MH until he would qualify for COR?

Laurel(A) No. The 10 year clock for COR stops the day the NTA is issued, not the day of the first Master Calendar.

TSK(Q) from chalatenango: Can someone ask the following regarding the affidavit of support: You are required to demonstrate you earn a specific amount of money, and it was sufficient at the time of filing. Still waiting for waiver approval. (Do they request additional info at time of approval of visa?). If one were to become a full time student, and allowed to borrow the $ from student loans in excess of the minimum necessary for the annual basis requirements, does that count as money earned? Or does it appear a full time student on loans can't qualify to bring a spouse due to no income? Thanks!!

Katherine(A) If a second visa appointment is required to pick up the visa post-approval (and this varies by country), then yes, it is usually necessary to show that you are still financially capable of supporting the applicant. I would say that if the Sponsor is now subsisting entirely from student loans, they should find a co-sponsor. Whether or not one qualifies is a discretionary decision, and if one has no income (and no assets), but only debt . . . it's probably not the most compelling evidence.

lgold23(Q) Hello, im a citizen of Jordan, went to US on B2 overstayed, political asylum denied, granted voluntary depature, did not leave in time, left the US to go to consular interview abroad and accrued 10 year ban, ban ends 2013. Then applied for I-212 and I-601 denied. US citizen son is now 21 and would like to apply for me to re-enter the US. Is this possible and what would be the likelihood of petition approval after the ban is up (in general)?

Laurel(A) We see a very low approval rate for cases where there is a denied asylum and the person overstayed Voluntary Departure. That's just not a good recipe for approval. You will almost certainly not be able to immigrate until the bar is up.

TSK(Q) from Lilylu23: My fiance got a referral letter today from CDJ after his waiver appointment. It is confusing, because there are 3 boxes checked...1 for government records check, 1 for lack of sufficient evidence, and 1 that says "You have not explained why your qualifying family member would experience any hardship. We sent a 9 page hardship letter explaining all of the hardships and over 60 pages of evidence, including doctor's records, school records, research evidence and family letters. The first box says we do not have to do anything else...the other boxes are asking for additional evidence. Have you seen this before, and is it a mistake or what?? Confused!

Katherine(A) As far as they second two boxes, referral notices seem to just about always contain "checks" there. It's very misleadying, since of course you presented evidence of hardship. Still, it's extremely common. Even though we often (when this happens) think that the cases were strong enough - as presented - to garner an approval, we do tend to update, just to be on the safe side.

TSK(Q) from Marisela09: Laurel: In your opinion, what are the chances of overturning in Federal court CO's interpretation of the law pertaining INA 212(a)(3)(A)(ii)? This is to challenge gang affiliation and CO not reviewing proof of non gang affiliation nor association and instead showing CO use profiling of non gang related tattoos. Also is there a website available to the general public to review past cases of the same matter? Thank you so much for your response.

Laurel(A) It's hard to say because it is very hard to get a consular case to federal court and even if you do, you are up against the Doctrine of Consular Nonreviewability. While the Doctrine is not impossible to defeat on a given matter, it is very difficult. Most attorneys won't go near a federal case against a consular decision. As a result, very few attorneys have any kind of experience with such a case, meaning there is little mentoring available for attorneys who want to try it, and very little guidance available in professional publications.

TSK(Q) from morena80: One last question: After someone is given a 10 year bar, when does the clock start, when the person went back to their home country or after the consulate makes that decicion? Also, if someone has no criminal record only overstayed in the US, would that fact afect that person if she decides to apply for a Canada visa? Thank you so much for taking the time and answer our questions.

Katherine(A) It should be when the person departs the US, although sometimes the consular officer will incorrectly check the box on the denial notice. Whether the person is impacted in Canada will depend upon Canadian law. I've heard that the Canadian government does consider US immigration violations when making immigration decisions, but I don't know this for sure.

TSK(Q) from : Hi Ms. Scott I filed my I-601 in Honduras Jan/2011 there processing time is 12 months by that point some of my hardships presented might no longer be considered hardships. eg. I would had graduated college. My question is how is the information verified, is hardship based on prove presented when I filed the waiver or do I have to provide updated evedience to prove hardship still exist? Thank you for your response as this issue is eating my head.

Katherine(A) The only requirement is that everything presented in the application must be true at the time of submission. You are not required to update the application as your situation changes.

Laurel(P) Also, in regard to suing the consulate in federal court, there was a thread about that a year or so ago on the attorneys-only message center (forum) in which some attorneys shared horror stories of the consular officers bearing a grudge against any attorney who took the consulate to federal court. I was warned by other attorneys that if I tried it, it could cause me problems with subsequent cases at the consulate.

Laurel(P) I was told that if I did everything right and won the case I might actually win additional respect with the consulate, but that this would be almost impossible with no experience with that type of case and very little guidance available from anyone who has experience.

TSK(Q) FROM English: Hi Laurel, I initially asked about my fiance contacting the NVC to cancel our k1 petition out of anger from loss of emotional control and if she later contacted them to withdraw the cancellation and reinstate the petition. Why did I get a reply on my inquiry to the u.s. consulate directly "According to our records, this case has been sent back to NVC with recommendation that it be revoked. Please contact USCIS or post where the petition was filed, this office has no further jurisdiction over this case". What can we do?

Laurel(A) Once the petitioner asks that the petition be revoked, it cannot be un-revoked even by the petitioner. You must start over with a new petition.

Gabiatti(Q) They denied based on normal conditions. My mother have 10 healthy and emotional issues. I have 11 family members legally in the US. My family- ties in Brazil is my father only. I have been 6 times in the US before my last entry. They do not have to consider that?

Katherine(A) They consider everything, but all of your ties to the US can work against you, since the waiver isn't about you, it's about your mother. (I'm assuming that she was your qualifying relative.) If you were trying to argue that your mother needs you here, and you go on to talk about how many family members you have living legally in the US, and how there is no one back home in Brazil, then the government will say "So why can't your 11 family members just take care of your mother? Why does she need you?" When the only qualifying relative is a healthy parent, hardship can be very challenging to prove.

TSK(Q) from selina79: Hi laurel here is my husband situation he enter the USA with a fake passport in July 2003. He got involve in asilum he got permit to work in the usa in december 2003 he only was five months of ilegal Till he left in december 2005 for a volunter deperture given by a judge. then in 2007 he came back with a fake passport again we have I-130 pending at a local imigration office should he come to the interview or go by myself do you think he qualify's for the waiver 601. Do we have an opportunity. How much would u charge for our case?

Laurel(A) I'm confused about whether you are saying he overstayed VD by 5 months or accumulated 5 months of unlawful presence before applying for asylum and later complied with VD. But either way, he has a denied asylum and then after leaving the US, returned with a fake passport. It's just not a good set of facts and I'd be pretty pessimistic about your chances of success. Also, from the way you've written your question, I'm presuming you are also an immigrant - even if you have since naturalized - and I would guess that you are probably from the same country as your husband, having immigrated as an adult. This will also lower your chances of success. We would have to do a consultation to really make a decision on whether to take the case, but right now I imagine we would probably decline to take your case.

jesus1985(Q) Have you ever heard of the SS administration of asking questions such as if you have work before or if you have ever files taxes when applying for SS #? I was asked this and I found this very odd, I wonder if this could bring any complication later on.

Katherine(A) I haven't heard anything about it, but I haven't heard too much about their line of questioning in general. I probably wouldn't worry too much.

mike1(Q) hi my wife is LPR she won DV lottery in 2008 i was beneficary i was deported in 2008 so the embassy of kathmandu(Nepal) told me to file I-601, my I-601 was denied so i didn't get visa. My wife and son(US citizen 4 yrs old) are in USA since 2008. Now i won DV lottery in 2010 and i have visa interview in July. My question is since visa for DV 2010 has to be issue before sept 2011 i have only 70 days for waiver and embassy of kathmandu (nepal) send all the waiver application to Delhi embassy(India) do you think I have enough time for waiver? Can i request to expedite my application(waiver) since there is not enough time, do you think they will reject my application because of deadline(Sept30, 2011)? sorry too many questions

Laurel(A) To meet the cut-off for the DV lottery, you just have to commence consular processing before the cut-off. But there's also an issue of them giving your visa to someone else as they actually 'overbook' the DV winners the same way an airline overbooks a flight. If you don't pick it up fast enough they will run out. And I think that has to do with visa pick-up, rather than commencing consular processing, though I'd have to double-check that one. You might want to ask for expedited processing.

hope2011(Q) Hello and thank you in advance. My fiance is from Honduras and Im a us citizen from birth. This is the thing my fiance was deported in Feb for the secound time. I called the Immigration office in NY. They told me that he was not recharged for re entering illegally to the usa but he did get something called Reinstatement of prior order of deportation. Now what does this all mean? Since he was not charged for entering illegally again is that good? Can I petition him if I go and marry him in his country?

Laurel(A) I would have to review the facts of your case to know for sure whether this applies to him, but if he departed the country purusant to a removal order and then came back without inspection, then he would be subject to 9C and would not be eligible to apply for a waiver for ten years from his most recent date of departure.

nrod(Q) Hello, person had a tourist visa back in the 80's, always complied with the terms of his visa. Made some sort of mistake (long story) and was caught by CBP at a border checkpoint in 1992 with a fake "green card". Signed expedited removal. He now has USC daughter who is 21, do you think he will need to file a waiver or I-212? Has never been back to the US since that incident. Thank you.

Katherine(A) He won't need an I-212, but it sounds as though he will need a waiver for misrepresentation, since that carries a lifetime bar.

Gabiatti(Q) What's the best option for appeal from waiver denied? Appeal or Motion to Reopen?

Laurel(A) Depends on the grounds for denial. Usually the best option is to file a new waiver application, but sometimes it is preferable to appeal or file an MTR. Please note that an appeal on a denied I-601 is currently taking two years.

English(Q) Please, what is the USCIS email contact for processing I 129F petition or NVC. thanks

Laurel(A) I'm not sure what you're asking. The is no one central email address you can use to contact USCIS about a pending I-129F and get a response that has any semblence of usefulness.

lgold23(Q) When my 10 year bar is up and my 21 yr old US citizen son petition for me, will the bar affect that petition?

Laurel(A) You should be able to get a petition approved regardless of inadmissibility. The question is about how inadmissibility would affect the issuance of the vise, i.e. whether your application (not to be confused with petition) would be approved. Once your bar for unalwful presence is up, you should be able to get a visa issued.

jesus1985(Q) Just to clarify i did the COR on my own that's why I contacted them myself, I was not aware that I could involve my congressmen on this but thanks for the tip.

Laurel(A) It's pretty impressive that you got COR without an attorney.

mommyof2waiting(Q) Hi laurel I have a question my husband was reffered in April and they marked you need to submit additional evidence and then it says about a DUI he had 8 years ago that we did submit in the first interview I will send copies but my question is that the box saying that says is lack of evidence is not mark would it hurt my case if I mail more evidence anyways ?

Laurel(A) If you want to mail more evidence, you can mail more evidence. Just don't do it multiple times as when too many people do that, it slows down processing times for everyone.

Mendoza(Q) Can a person be charged with misrepresentation if they come to the US on a visitors visa as a minor and attend high school? They never overstayed or were denied entry and it was never discovered during the time they had their visa that they attended school. They are now engaged to a USC military member and going the fiance route through Mexico. How likely is she to be charged with misrep since they have to admit it since it asks about it on one or some of the forms?

Laurel(A) If you attended school within 60 days of entering on a visitor's visa, then yes that's a violation of your visa too soon after entering and will lead to a presumption that you intended to violate your status at the time you entered. i.e. misrepresentation.

Laurel(P) Whew! No questions pending in the main queue. Katherine may have one or two, as I can't view her queue once I send her a question. But this has been a very active chat this week!

TSK(Q) from mistiful2001: husband voluntary departed was only given court order and he needs I210 ice says he is outside usa and won't give it to us, we need it to proceed what do we do? also can non relative be a joint sponsor for affidavid of support? We are trying to get appt for visa and then waiver. any advice?

Katherine(A) Why do you need the Form I210? Is he trying to check-in with the consulate to verify his departure? If so, the order will probably suffice. It suffices, too, for the immigrant visa application.

nihad(Q) Dear Ms Scott: what is the meaning for misrepresentation is life time ban? Is waivers apply?

Laurel(A) Yes, misrep is a lifetime bar and you will always need a waiver. For an immigrant waiver, you must have a US citizen or permenant resident spouse or parent.

nihad(Q) Ms Scott: that misrepresentation is lifetime bar: is waiver available for someone deportedd back in 1994 and has misrep?

Laurel(A) Nothing in your question leads me to believe there would not be a waiver available.

Mendoza(Q) For the misrep case and attending school, would that be attending school within 60 days of the first entry or each entry?

Laurel(A) Each entry

Laurel(P) It is now noon. My son is having a minor surgery tomorrow morning so I will be working from home for the next two days. Wish him luck. I will see you all at the chat next week.