Moderation starts.

Laurel(P) Good morning!

Laurel(P) Next week I will not be able to do the chat as I will be in transit to a conference in Memphis.

Laurel(P) I have been sent some questions in advance. As usual, live questions get priority.

threecornerdhat(Q) I've seen so many RFEs for the I-601A waivers. Any thoughts? If we get one, what should we do? The letters are very non-specific.

Laurel(A) I just got one for one of my cases. It's a bull**** RFE. I've seen these before. So have all immigration attorneys. The letter is a standard, boilerplate RFE with no indication that the adjudicator is even looking at the right case. The adjudicator has a database that lets him select the alien and select the type of letter to print. It then automatically generates a letter with the foreign national's name and address, various case numbers, attorney name and address, date letter is sent, and due date based on date letter is sent. All that information is in the database and the letter can be generated in about 10 seconds. That looks like about how much time the adjudicator spent on this. Why would an adjudicator do this? Their evaluations are based on how fast they complete cases, sort of like how fast food workers are evaluated based on how fast they complete orders. But, if he sends an RFE, the case is removed from the calculations, sort of like a fast food worker at the drive through telling you to pull forward because your order isn't ready yet. Since a case is removed from calculations when an RFE is sent, there is a strong incentive for an adjudicator to send an unnecessary RFE and no penalty for doing so. Unfortunately this type of thing has become increasingly commonplace in waiver cases. This has been happening with employment-based petitions for about five years. They started doing this for regular waiver cases about six months ago. I was hoping they wouldn't start doing this for PW cases, but they have. Despite what the RFE implies, most of these cases will probably be approved if you do nothing. And in fact for other types of waiver cases the client failed to get me requested documents in time and the case was approved without replying to the RFE. But I'm not comfortable with doing nothing. Send "something" in response.

Gery(Q) Hi Laurel, many applicants have received RFEs or denials for their recently filed provisional waivers. Why do you think an adjudicator will deny a PW vs. request additional evidence? Could it be mostly due to aggravating factors rather than not enought hardship?

Laurel(A) I have not yet seen any denials. So I don't know what trends, if any, there might be regarding denials.

Laurel(P) What I've heard from other attorneys is that the outright denials (not preceded by RFE) they've seen so far are for cases where there is a potential additional ground of inadmissibility.

Laurel(P) Question: From V-n-E: When I wrote my HSL, I wrote it in first person, as the petitioner. When I received the RFE for my waiver, the letter is addressed to the beneficiary. My question is, should the statements for the RFE be written by the petitioner or beneficiary. The beneficiary doesn't know how to write English, should I write it in third person? Thank you for answer.

Laurel(P) Answer: I know this is confusing. Technically the foreign national is the "applicant" and is filing the waiver application. Therefore correspondence on the case is addressed to the foreign national applicant. The applicant is required to submit a statement from the qualifying relative. So, the qualifying relative letter is written by the qualifying relative, but correspondence is written to the applicant. The brief for the case should be written by the attorney. The qualifying relative letter is one of the supporting documents for the case. I have always recommended that (a) you hire an attorney, and (b) if you don't hire an attorney, you (applicant and/or qualifying relative) write a brief that is SEPARATE from the qualifying relative's letter.

Laurel(P) Question: From El Cata: Have you had your first provisional waiver approval? or any updates on the first bunch of cases that you filed?

Laurel(P) Answer: Not yet. So far just one RFE.

Laurel(P) Everyone, I'm going to Lee's Summit tomorrow, where I will get a tour of the National Records Center. On Friday I get a tour of the National Benefits Center, where I will be shown the desks where the adjudication of the cases takes place and the stacks where the files are held. I then have a meeting with the adjudicators where I will have an opportunity to ask questions and raise concerns. I won't be the only attorney there, of course. The event is arranged by AILA. But it's a small group. I will be raising some of these concerns about the RFEs. I will report back in an article on my website.

Laurel(P) I think I'll also do a webinar. I'll post registration info for the webinar later today.

RedSox(Q) How can it be that many people are reporting RFEs but some people were approved who didn't even use a lawyer?

Laurel(A) They actually can't send an RFE for EVERY case. That would raise some red flags. If the RFEs truly are about buying time then many of them will be randomly selected.

threecornerdhat(Q) Thanks for calming my nerves. You always do!

Laurel(A) That's what the chat is for.

hellorebecca(Q) Folks like to speculate on what time of day or day of the week USCIS sends emails/texts/letters updating case status. Do you have any insight on that? Specifically, for sending RFEs or decisions on 601s and 601As.

Laurel(A) I think if you are trying to predict what time of day or day of the week USCIS updates case status, then your anxiety level is very high and it's causing you to obsess over the case. I understand how important all of this is, but you need to step away from the case and see what you can do to take your mind off of it. Caring about your future is understandable, but obsessing isn't healthy.

Gery(Q) Laurel, are you planning on responding to the RFE right away or you will wait until you get back from your tour to the NBC?

Laurel(A) Client needs time to collect evidence. I won't be able to respond until I have it, which won't be today and I leave for Missouri tomorrow.

Laurel(P) BTW, apparently Missouri is really far from Houston. I looked into driving. It's about a day and a half of driving. Who knew the United States was so big?

hellorebecca(C) "then your anxiety level is very high and it's causing you to obsess over the case." - a truer thing was never said.

Laurel(P) From Candela: Husband need to file an I-212 and I-601. He was deported for 10 years (overstaying visa waiver program). He was deported to his birth country in South America. His visa interview schedule to be in birth country. Send paper to NVC to change inteview. He is currently living in Europe because coudnt find a job in south América. He have a dual citizenship. Question: For I-601, I have to show extreme hardship in USA and living abroad. What country will be my focus? South América or Europe. Thank you!

Laurel(P) Answer: If he's a dual citizen you have to prove why you can't move to either of his countries of citizenship. Usually when my client is a citizen of both a third world country and a first world country (aside - is the 2nd world officially gone?), I spend more time proving why they can't move to the first world country, because it's harder to prove why you can't move there.

leslie(Q) Good Morning Laurel, quick question. My husband was a minor when he was caught drinking under age, he was arrested and was in jail overnight. he paid a fine to be released from jail, however he gave them a different name and age, could this result in a denial of the provisional waiver?

Laurel(A) Probably not. I'm afraid I can't give a stronger answer than that. Waivers are subjective.

Julio(Q) Hi, Laurel, I want to know what's the purpose of support letters from different peoples. If I worked for cash and never pay the tax, it is advisable to have the employer write a support letter?

Laurel(A) I don't usually call them "support letters" because to me that implies that they are some sort of recommendation letters or character letters. I usually just call them letters, but when I want to be clearer about what they are, I call them "testimony", "statements" or "narratives". I think you probably want to watch the first webinar in the "Proving a Waiver Case" series and also the webinar on "Can't I Just Not Tell Them". http://eo2.commpartners.com/users/scott/search.php

hellorebecca(C) 2nd world = Florida?

RedSox(Q) I still don't understand why they'd send an RFE to buy time. There isn't a time limit that says they need to make a decision by a certain time. The 601s are taking 6 months so why send all these RFEs after 2 months? You have 30 days to respond to an RFE. Does USCIS then have a time limit to give you an answer? I am just worried.

Laurel(A) The individual adjudicators are evaluated on how fast they complete cases. That is unrelated to the standard, posted processing time or the goal processing time for the office. In other words, the guy who usually finishes his cases in three months get a bonus or maybe a promotion while the guy who is taking seven months does not. The problem is the guy finishing his cases in three months really doesn't take three months, it's just that he sends RFEs on half his cases, which then take much longer and the ones where he doesn't send an RFE he can finish in three months because he sent half his cases awy.

leslie(Q) Thank you Laurel,however we were unable to submit any court dispositions as this happened over 5 years ago and in a diffferent state.

Laurel(A) If you can't get the criminal records, you have to get a null record letter, i.e. a letter from the appropriate government agency stating that you asked for the record and they are unable to provide it. You need an attorney.

chatty(Q) My attorney filed a new I-130 and asked DOS to close the previous case. They reafirmed the old case. Does this mean the will not approve my new I-130? requested to withdraew the old case to take advantage of P.W

Laurel(A) This is a question that is floating around the immigration attorney community at the moment. Hasn't happend with any of my cases yet, but it's happened to a friend of mine, so we will see what the final result is for her client's case.

RedSox(Q) So how long will you get an answer after an RFE? Does the adjudicator have fire under him at that point to make a decision.

Laurel(A) When they send an RFE usually the case goes off the clock. Sometimes we get decisions quickly after we send in the RFE and sometimes we don't.

Laurel(P) FromCandicecharlene:My husband has a 1-485 pending and already received his 1-765. We want to take a trip to NYC. Is there a possibility that he can be detained for any reason by ICE? Thx for your response.

Laurel(P) Answer: By saying he "received his I-765" I presume you mean he has received his EAD. There's always a chance that a foreign national can be detained by ICE. Heck, it happens to US citizens!! But if the I-485 is pending an he has a facially valid EAD, then he's unlikely to be apprehended by ICE.

chatty(Q) on 601-A form part 2 question 5 re: previously scheduled V.I. Have you had or know of any denials if a visa interview was prevously schdule?

Laurel(A) The question is about whether an interview was scheduled for an IV case associated with the I-130 petition that you are using to qualify for the Provisional Waiver. If you canceled the old IV case and are filing the PW in association with a new I-130, then your answer to that question is "no". If you answer "yes" to that question, you should expect a denial on the PW.

Laurel(P) From Murillo79: My husband visa was denied on 6/12/08- he was giving four bans INS 212 9b, 9C, moral turpitude and controlled substance. On 2/22/13 I emailed the Consulate in Juarez to ask for a review of his case. On 3/7/13 they requested I send all court documentation in and an officer would review the case. On April 29, 2013 I received an email back stating an officer on April 19, 2013 stated the moral turpitude and controlled substance bans do not stand. However they gave an 212(a)(9)(A)(i) and 212(a)(6)(C)(ii) of the INS bans. They state on 8/31/08 he claimed false citizenship at El Paso port of entry. Long story short he presented himself for inspection with MI state ID. I was present along with two of our children. He never claimed citizen. I was there for all questioning. What would be the next step to have this reviewed?

Laurel(P) Answer: You can file a waiver application with USCIS and argue your case before that agency. You will at the very least have more of their attention.

Gery(Q) When a case is referred and "goes off the clock", then should there still be a decsion within normal processing times considering the applicant responds to the RFE in a timely manner?

Laurel(A) Cases where an RFE is sent are not including in the standard processing time numbers. This trend started long ago, possibly around the time that the I-485 rapid adjudcation program was started in Dallas. USCIS promised a three month processing time. The problem was that if they sent an RFE, the case was removed from the numbers, so you saw very high RFE rates on I-485s in Dallas yet the office continued to boast a three month processing time for I-485s. And that program was I guess ten years ago.

chatty(C) Thank you. TBW I'm pretty sure I am your friend's client which makes me the guinea pig :(

Laurel(P) From Cakelette1234: Can a retired person be a Sponsor? Can my husband include his future (kicks in February 2014) Social Security Pension as income for Affidavit of support if he has very hard health hardships and no possible second sponsor for us?

Laurel(P) Answer: Yes, but you can expect delays at the NVC.

Laurel(P) While there is a little lull in the chat, I'll take a second to announce that my associate LC has left the firm. She has changed fields and is going into Oil and Gas Law. She said she really enjoyed working at Scott and Associates, but the reality is that the income potential is much, much higher in Oil and Gas than in Family Immigration. We remain on good terms and will miss her.

Julio(Q) Laurel, if I worked without authorization for cash, is it advisable that I now file tax return (or amended returns) before I file the I-601A waiver?

Laurel(A) Please watch my webinar "Can I Just Not Tell Them?" for commentary on whether you have to file your tax returns. http://eo2.commpartners.com/users/scott/search.php

chatty(Q) Do you have an estimation of how long 601-A's are taking to get approved?

Laurel(A) Right now around three months, but that number will go up. I should also note that after CIR passes (or doesn't pass), processing times for EVERYTHING will go up as many people are putting their cases on hold to find out what happens with CIR. So, once it passes (or doesn't pass) and people see CIR isn't their best option and they should just move forward with their cases, there will be a sudden influx of cases and processing times will increase.

Gery(Q) I am confused though with the RFE tactic for the PWs. We were expecting that there will be enough adjudicators, trained and ready to deal with the high inflow of PWs. Is it possible that more PWs were filed than the USCIS originally speculated?

Laurel(A) I dunno. I'll ask on Friday.

Laurel(P) If there are no more questions, I will end the chat just a few minutes early.

Laurel(P) See you all in two weeks.