Moderation starts.

Laurel(P) Good morning. I have turned on the Moderator function and the chat is now starting.

Laurel(P) I do not have any announcements today about Lockbox filing. I did ask USCIS what was going on with CDJ cases. They are saying that there is currently 'no estimated timeline' between when you file your I-601 and you receive the initial decision. They insist that they are not summarily referring a greater number of cases than before.

Laurel(P) The OIC in CDJ did not respond to my email. I'm not sure whether I got her email address correct, so it is possible that she never received my questions. My information comes from the operator at the 703 number. I do not put all of my faith in that individual to know what is really going on, but perhaps some information is better than none.

tx(Q) Is approval slow in oct and nov? I have not seen many approval in these months

Laurel(A) I would not expect any notifications for cases filed in October for at least 8 weeks from the date of filing, possibly longer.

TSK(Q) from pamelap80: Hello Laurel. In your own experience, how hard is it going to be to get an approval in CDJ for someone that has 2 M common law forgery charges and illegal presence? Originally the charges were F, restitution was paid before court, never been in trouble before or since (2006) other than driving without license so judge dismissed a couple of the charges and dropped to the M common law forgery. (when I say that charges were dismissed; when the inicident happened he was charged with several things from the incident; ultimately getting almost everything dismissed except for the 2) I know its hard to say; I just want to be somewhat prepared of what kind of fight we must put up. Thanks! ** his VD had nothing to do with these charges**

Laurel(A) When applying for a waiver, I'd say that a conviction within the past eight years is relatively recent. You have two convictions within the past eight years. I'd say you have your work cut out for you in terms of trying to get approved. It does help that they were nonviolent offenses.

fred(Q) entered in '98 with c1/d and never joins ship.married a USC in' 06.we have 2y/o child with severe bleeding disorder(von willebrand disease).I had a scheduled consular interview in manila last year but i canceled it.i never have problem with the law.if i file for i-601,do i have a good chance of having my i-601 approved?how long it takes to adjuticate in manila?thanks and more power to you!

Laurel(A) As always your chances of success depend on all the factors in your case. I really cannot provide a considered assessment of your chances of success within the context of the chat as there are too many questions I would need to ask in order to get a good idea of your case. As for how long Manila is taking - processing times fluctuate, but they all try to bring their processing times down to six months.

gkucht(Q) Laurel, have you had a case where the alien is from Russia (Moscow)? What is the wait period and success rate for I-601 petition?

Laurel(A) Yes, I've had plenty of Russian clients. Moscow is fairly quick at the moment - less than six months I believe - but processing times are constantly fluctuating. They all try to keep it down to six months. Russian clients tend to have more complications than clients from Mexico, so the approval rate is lower, but not unusually so.

Laurel(P) I note to everyone asking about specific USCIS offices abroad - once Lockbox filing starts, which should be soon, there will be no such variations as all cases will go to Nebraska. So if you are planning on filing your waiver more than three months in the future, it's going to be adjudicated in Nebraska.

TSK(Q) From a2ventura: My husband attempted entry in 2005, was fingerprinted, possibly photographed and doesn't remember signing anything when caught at the border. He says they were detained about 15 min and let go back in Mexico. He entered EWI successfully in 2006. Our lawyer just submitted the FBI fingerprint check and then we will do a FOIA. I know for a lot of people, throwbacks don't show up on the FOIA. My lawyer seems to be skeptical about moving forward if the FOIA doesn't state "throwback/voluntary return" and just shows a blank. Is there any reason why we should not continue in the process if the FOIA is blank? I've heard false positives are rare. Also, is there any harm in submitting the I-130 before we have FOIA results back?

Laurel(A) Be sure to do the FOIA with CBP. False positives on the name check are frequent. False positives on the fingerprints are rare. False negatives on the name check are rare for expedited removals and common for voluntary returns. False negatives on the fingerprints are rare. If it was a voluntary return, it will not show up on the FBI fingerprint check. If it was a voluntary return, it might not show up on either the FBI fingerprint check or the CBP FOIA.

Laurel(P) The main danger in filing the I-130 now is that you will put in time and money for a process you may abandon. Other than that, no biggie and I usually do FOIA and I-130 at the same time.

TSK(Q) From sunnysol: My husband, a citizen of Ghana, has a 212a6ci charge. He left the U.S. in 2009 and entered Canada as an lpr and has resided there since that time. We want to file a waiver and I would like your opinion as to the better USCIS consulate to go through--Montreal or Accra, Ghana. I'm concerned that because we are all LPR's of Canada, if we go through the Accra office--which I would definitely be able to prove more extreme hardship than Montreal--that if they see we have LPR from Canada that it would lessen our hardship? Why not just all live in Canada? Thanks for your opinion.

Laurel(A) As part of the process the applicant has to reveal his prior addresses. If they see he lived in Canada for a long time, they will wonder whether he was an LPR of Canada. If he does not say anything about it either way, you can expect a Request for Evidence (RFE) on the I-601, asking about his immigration status in Canada, even if you file through Ghana. So, it's out there and they will know about it. Once Lockbox filing starts, which should be 'soon', though I'm not sure what 'soon' means, then the primary difference will be in how the consulate handles their part of it. Do not presume that Montreal will be better than other locations. But on the other hand, many of the consulates in Africa are notorious for making up additional documentary requirements for immigrant visa cases that can cause lengthy delays in processing. Up to you.

TSK(Q) From JayKat: Our case has been at the AAO office for almost 2 years now. I have been living in Russia with my wife and son and our main financial support comes from my wife's father. He was just diagnosed with lung cancer and the prognosis is not good. I wanted to know if there is any way to contact AAO or request an expedite due to this medical hardship? If something terrible happens, I cannot financially support my family in Russia. Please help.

Laurel(A) While at first it sounds like a medical expedite, it's actually a financial expedite and expedites based on financial concerns are almost never granted. But technically you can make the request.

TSK(Q) from mdrno10: Hello Laurel, we sent the DS-260 and affidavit to the NVC, I was told by someone that where it ask for my husband work(I'm petition him) I should put Daily labor work because since I put my hubbys company info he could have problems trying to find out how he got hired in that company.. is that true? thanks...

Laurel(A) You should answer the questions truthfully. I cannot promise that they won't delve further as you describe, but in my experience it has been uncommon for them to do so.

TSK(Q) from mdrno10: sorry I forgot to ask one more question.. when my husband ewi he he was living in (one state) for 3 months but he doesnt remember the address at all it was so long ago 1993 and he was there only for like 3 months he said he took a state ID we didn't added to his visa becuase he doesnt remember we tried to just add the city and state but it would not let is move foward without the street address.. can he encounter a problem in Juarez? once he goes to his visa appt should he mention that? thanks

Laurel(A) So you're saying you skipped that address altogether? It may or may not be a problem, depending on all the facts of your case. There's no harm in bringing it up at the start of the interview at the consulate (depending on the facts of your case). But just for everyone else's information, when completing the DS-260, if there's an address from long ago where you absolutely cannot remember or locate the street address, you can write "unknown" for the street address. Keep the number of "unknowns" to a minimum or you might just wind up with an RFE from the NVC.

Hernandez(Q) Hi Laurel. Quick question about FOIA. In addition to the FBI fingerprint check, from which agencies should I request FOIA in this case? EWI, months later detained at an airport and released pending immigration court, did not attend immigration court, possible application for asylum while detained. I'd like to see court records, the immigration file, and specifically find out if asylum was actually filed for or not. Thanks!

Laurel(A) ICE, CBP, CIS.

TSK(Q) From KayNH: When filing for Adjustment of Status from a K-1 visa, question #18 on the I-485 form asks: “Have you ever received any type of military, paramilitary, or weapons training?” My fiancé took classes for the military reserve while he was in Guatemala, so he did receive some military/weapons training, but he left the country without ever finishing the class, signing anything, or getting a diploma from it, so we don’t think he’s actually part of the reserve, and on all previous immigration documents we always said that he is not in the military. Will we have problems for answering “yes” to this question, since he did receive training? Thank you.

Laurel(A) You should answer the question truthfully, which I think means answering 'yes' in this situation. Once you answer 'yes', you will be required to obtain official records of his military experience from his government.

TSK(Q) UCFKnight2012: Hello, hope everything is well and thank you for assisting all of us. This is a follow up from my question last week. I wanted to know if you have an average or percentage of cases that are approved who have a DUI over 6 years ago. Also, i mailed all his court documents for his arrest before he had the visa appointment to make sure they had all his criminal records and know he complied with everything. I was told not to attach any criminal records to a waiver, bc at this point it wasn't necessary? Is this true or could such lack of doc mean a possible referral for records check?

Laurel(A) Who told you not to attach criminal records to a waiver!!!!!!!!!!!!!!!!!!!!! I don't have an average percentage of cases that are approved who have a DUI over six years ago, but if that is truly the only aggravating factor, it is unlikely to significantly decrease the chances of approval.

TSK(Q) from kayla1106: I wanted to ask you about my case.. I came to the u.s in september 2004 and was detained by ice, i was release with a removal court on november.. But never showed up. Know what would be the punishment for not showing up..do i have to go back home and do five years down there. Or is there a way to settle something else.. Thanks

Laurel(A) You are considered a deportation absconder. From your description it is unclear whether you failed to show up for a hearing. If you failed to show up for a hearing, then you will not be eligible to apply for a waiver for five years from date you depart the US. If you went to all your hearings, but failed to depart after you were ordered removed then there is no such mandatory five year wait before filing a waiver, but you will need a waiver and it is unlikely to be approved.

TSK(Q) from ktmnep: In waiver letter when we write "I spend 1 years with my husband in his home country" the officer believe that, but when you write we have not seen each other for 1 year they want evidence, why is that? In other word when you write anything that is negative to your case they believe on that but for positive things they always want proof.

Laurel(A) It depends on what arguments you are making.

mommy(Q) even for mexico is going to be adjudicated in nebraska?

Laurel(A) For the first six months of Lockbox filing, you will have the choice of filing in Mexico or mailing it to the Lockbox. For the moment, I anticipate that I will be recommending to my clients that they choose Lockbox filing. That will save them at least one extra trip to CDJ. They would be able to file right away instead of waiting for an appointment. Tracking the cases after they are filed will be easier (i.e. possible as opposed to impossible).

Victor(Q) Good morning! For someone who has a very strong case for Cancellation of Removal (15+ year presense, good moral character, no arrests, USC wife & kids), AND with the opportunity to possibly trigger a NTA, might this be a safer option than a a 601 waiver in Juarez?

Laurel(A) You should always exhaust all viable options in the US before proceedings abroad. The question comes when you wonder what "viable" means. If we begin with the presumption that he has a viable Cancellation case, then do it. If we begin with the question of whether his Cancellation case is viable or not, then we have to delve futher before making a decision.

TSK(Q) From Diego_Alvarado: Hello Laurel, thanks for your time. I was wondering if it was possible to send in additional evidence after the initial waiver appointment in Juarez? Things have come up since the appointment in September.If it is possible how do you go about sending it in? Thank you

Laurel(A) Yes, you can update your case. You send it to the address they gave you on the referral notice. Don't send it until you get the referral notice with instructions. If you are thinking you can get this new evidence in before they make the initial decision and possibly avoid referral, I would say that such a maneuver is anethema to the original concept behind the Pilot Program and if they are allowing additional evidence before making the initial decision, then the Pilot Program is truly dead.

TSK(Q) From Anitan09: Hi Laurel. I just found out you are in Houston so I will definitely pay you a visit on my case. Well I entered into the country when I was 15 on a visitors visa and overstayed. I recently married a USC who will be enlisting in the Navy. No prior marriages, no deportation orders, no criminal background whatsoever. I have my I-94 and original passport. But I did live in Ireland (not my birth country) until I was 14 as a asylum/refugee I think. What are my chances of being able to adjust my status?

Laurel(A) From your description, it sounds like a straightforward adjustment of status. Easy.

TSK(Q) from Aldiak: My wife us citizen filed 485 for me on april 2010. I was on removal but the terminated the removal on october 2010. Had my interview on february 2011. The office said he had to wait for ICE to send my A- file so he can approve my case. Since then no decision on my case, i called 4 congressmen and omdusman nothing. Yesterday i called uscis. The second level customer service told me to do more like court. I asked what kind court she said find out your self. Then my lawyer told me it might be writ of mandamus and she will charge $2500 plus court fee. And i dont have that. So i asked for advise she wont help me. My question Is it time for me to file writ of mandamus?? Can i do it my self?? If yes what are my chance ?? Thank you very much. My case is in atlanta

Laurel(A) $2500 for a Mandamus is CHEAP!!! Take the deal. Your attorney is being generous. And given that (a) it's been a year, (b) your Congressmen have been unsuccessful in resolving the issue, (c) there is no major discretionary part to this decision, and (d) the case is at USCIS and not the consulate, I'd say the Mandamus action is probably the right move. As for doing it yourself ... Friend, even I don't know how to do a Mandamus. Your attorney is taking the right action and is giving you a good price. Normally attorneys charge $5000 to $10,000 to file a Mandamus request because not many attorneys really know how to do it.

Barbara(Q) Hello! My country of origin is Mexico and my husband is a US Citizen. At age 2 (1993) I EWI and then left to Mexico in 1998. In March 1999 (age 8) I EWI and since then i have been in the US. Do I heve a permanet bar? Is there anything to do?

Laurel(A) It depends on when in 1998 you left. If you left before April 1, 1998, then you do not have the permanent bar. If you left after that then yes, you do. I think it is ridiculous for the government to be interpreting 9C this way, but they didn't ask me.

Sammi(Q) Hi Laurel. If a person was apprehended by CBP, gave a false name and claimed Mexican citizenship in order to be sent back to Mexico instead of their own country, would this be considered misrep? Would a waiver be needed for misrep? Thanks again.

Laurel(A) It's misrep, but it's not material misrep for purposes of INA 212a6Ci. There's some case law for this that is 100% on point. Basically the courts said that since claiming to be Mexican does not in itself give you any more right to enter the US than being from another country, it is not material. Same thing with using a fake name. This lie will not lead to a misrepresentation finding. I did once fight a consulate in South America on this issue (was it Caracas??) and the consulate was actually very accomodating, reversed their finding within two weeks, and issued the visa.

gbz(Q) Hi, Laura I am a Permanent Resident and will be applying for Naturalization, & my wife was never legally married in Indonesia; she had a common law marriage When she applied for a US visa, she stated that she was married We have one US citizen child together, What are the likelihood of getting a waiver in my wife's case?

Laurel(A) Your attorney needs to review the law of Indonesia and find out whether common law marriage is considered a legal marriage in Indonesia. Generally speaking, the less well developed a country is, the more likely it is that common law marriages are considered legal marriages in those countries. Indonesia has experienced an increase in financial stability over the last decade, so I don't know what kind of changes that has brought. If she was legally married in Indonesia, she needs to get divorced and that you and she may need to remarry, depending on the laws of your state. If she is not required to divorce, she should try to do so anyway, and then remarry. If she cannot get a divorce because she was never legally married, then your attorney will have some explaining to do.

abby08(Q) my husband came in with C1 status,overstayed here,now his C1 visa also expired, i jsut became citizen,anyway can we legalize him.

Laurel(A) A C visa is a transit visa. Someone who came on a C visa and overstayed can adjust. However, the C visa is often given to crewmen and if he entered as a crewman - even if he didn't actualy have a D visa - he cannot adjust and will have to proceed abroad to apply for a waiver.

lonely(Q) I am LPR and been in US for more than 11 years. My husband was here for almost 11 years before he was depoted 4 years ago (for overstay). I have not seen him for more than 2 years. We have 3 years old son. I am filing waiver for him. I have head it is very diificult to get approved if you are from same country. I have finished my master here in US and my husband has Bachelor degree from US. Now i am working part time. Country where my husband is one of the poorest country in the world. His waiver was denied 2 years ago because of lack of hardship. This seperation is killing me and my son, financially and mentally. do you think we have chance for approval if I refile again.

Laurel(A) Do you have a chance? Well, there's always 'a' chance, but I would have to review all the facts of your case to determine what your chances are. Yes, it is harder to get a waiver approved if the qualifying relative is from the same country. That's because there's a presumption that you are familiar with the language and the culture and will have an easier time settling back in than the typical American. Now, this does not means you cannot get the case approved. While the approval rate is noticeably lower, I have gotten approvals in such as situation as what you are describing.

newmommy2008(Q) is there anyway that hubby can be released until a court date is set? He was arrested last month for driving with NL. this is his sencond time. we live in floriday he is being detained in broward county

Laurel(A) He will have a bond hearing within a few weeks.

tx(Q) Is it true the officer at New delhi try to finalized the waiver before christmas if it is was file more than 4 months ago

Laurel(A) While USCIS has never admitted to such, my impression is that USCIS officials at all offices abroad try to clear out their older, more difficult cases around Christmas, i.e. the cases that are more complex and may be outside normal processing time. This results in an increase in denials at the end of the year.

jobysv(Q) hi laurel, my husband visa was on April and waiver on May and we get referral due to lack of evidence but i dont even know why he has to fill a waiver because he never enter USA illegally, criminal record or DUI or drugs he has live his whole life in mexico i inquiry CDJ to know why he need a waiver and they told me something about I-94(that was fake) but still we dont know because it was real and it was in the system and i already contact congressman and he couldnot hellp

Laurel(A) I don't know. I would have to review the case.

Laurel(P) It is now noon and the chat is coming to a close. There are 15 questions waiting to be answered. Wow, busy chat today. Please bring your questions again next week. Same time, same place. If you do not wish to wait another week, you can always do a private consultation.