Moderation starts.

Laurel(P) Good morning. Gosh, there's almost no one here.

Laurel(P) I just posted a bunch of chat transcripts. Didn't realize had so many waiting to be posted.

Laurel(P) Let's just jump right into the questions.

shah(Q) Hi Laurel. hope you are doing good.

Laurel(A) Yes, pretty good.

shah(Q) so we get more time from you

Laurel(A) Sure. Go ahead and post your questions.

shah(Q) Laurel i have a misrep 6c1 ban and need a wiver

Laurel(A) Please post all of the relevant information for your question in the same post as your question. Even in a less busy chat, I have trouble following multiple conversations. It all needs to be in the same post. I will delete the posts you have put so far. You should then re-type them in a single, brief post.

Rebecca(Q) I believe you offer a flat fee for the 601 process - is that flat fee based on the individual client or do you have a general flat fee. (And if the latter, approximately how much is it? I am trying to pick a lawyer now and so far have a quote for $5K, fwiw).

Laurel(A) $5K is a bit low. Let me say a bit about how much you should expect to pay for a waiver case. A single attorney can comfortably do about 40 waiver cases a year from I-130 filing to I-601 filing. An attorney can uncomfortably do 50 waiver cases a year. An attorney who does 60 waiver cases a year will burn out quickly. An attorney does not get to keep all the money you pay. There should be support staff, overhead, advertising, office rent, etc. Estimate that the attorney actually gets in salary about 1/3 of what you're paying. Now, think about how much you would expect a competent attorney to make after having gone to law school all those years and having taken the financial risk to start his/her own law firm (in the first year I grossed $10K). Find that number of what you think a competent, experienced attorney should make, multiply by three (total revenue needed) and divide by 45 (average number of waiver cases per year) and that is what you should expect to pay for a waiver case. A more experienced attorney may charge a little more. A less experienced attorney may charge a little less. If it is significantly less, you should be asking why it is so cheap. If it is significantly more, you should be asking why it is so much.

Laurel(P) Now, most attorneys who do waivers are not ONLY doing waivers, so does this "45 per year" make sense. Well, that's just to give you an idea of how much work and stress are involved so you can arrive at your number.

Laurel(P) We have our flat fees per case (which is more than $5000), but it may be higher if there are complications in the case.

Rebecca(Q) Thanks for this awesome opportunity. Do you know how I can research 601 statistics for Guatemala (# requested/approved)?

Laurel(A) There are no such location-specific statistics available from the government either for the public or even off-the-record to attorneys.

LD90(Q) Im a US citizen visiting my husband in Canada and we are expecting our first child. i was wondering would having the baby in Canada affect the immigration process for my husband? would we have to redo all of the paperwork? we have already been in for the visa interview and we need an approval of the I-601 before the visa is issued.

Laurel(A) Your child would be a US citizen by birth. You would need to go get a consular report of birth abroad, but the consulate is usually cooperative on that. As for how it would figure into the waiver case, that is always specific to the case and depends on all the other facts. But it *probably* wouldn't negatively impact the waiver case.

shah(Q) ok my case i had a student visa in 2002 and at that time they send me back as my 120 wasnt right.I got new visa and went to usa in 2004 after holidays while comming they found i was working and they ban me for 5 years.Now i am married to USC after my interview they said although 5 years have passed i need 6C1 waiver as i lied/misrep to Officer and i am in dublin.Have you any experience with similar case.

Laurel(A) Yes. I have experience with misrep and expedited removal. It is also possible that they found you inadmissible under INA 212a6G as a student visa abuser. I have only seen that once, but coincidentally it was just recently. The approval rates abroad for misrep are about 25% to 35%, but the chances of approval for your own individual case are always dependent on the facts of the case.

Rebecca(Q) I read on your site somplace that each year some of the waivers you support are not granted (followed by angry phone calls, etc.) Curious if you would share your overall statistics in terms of success rate (and specifically for Guatemala)? If this is something you would only share in a consultation, that would be helpful to know as well. We're trying to decide if we should do a consultation.

Laurel(A) Well, the majority of our cases are approved, but we do lose some, including ones we think we were going to win. Denial is always a risk and the client has to accept that. We are always limited by the facts of the case. I haven't worked on statistics in some time as I've just been too swamped with work, but my guess is it's still somewhere around 85%+ overall, higher if it is simple unlawful presence with no aggravating factors.

Laurel(P) As for Guatemala, we have done some Guatemalan cases, but it's really only Mexico where the number of applications are high enough for the rates to be statistically significant.

Marg(Q) Is there a possibility that a person who violated voluntary departure while they were underage to be granted the fiance visa if he returns to his country after he staying in the US for over 5 years?

Laurel(A) Well, it's possible. Nothing you wrote makes me think he is statutorily ineligible to be granted a waiver. But I would have to look at everything to better assess the case. What you describe is an aggravating factor but indeed because he was a minor, it's not nearly as serious an aggravating factor as if he had been an adult when he first overstayed VD.

Rebecca(Q) Thanks so much for all the answers. Here's a complex one and my last question I think. I am US citizen. My husband of5 years (married in Pennsylvania) is a Guatemalan national who EWI in 2002 and has lived here ever since (no moral issues, no crime, never picked up for immigration stuff, never left/re-entered). We were approved for his spousal visa from USCIS in 2008 but left it at NVC saying "we'd adjust status in the US" which of course hasn't been able to happen - no TPS for Guatemala, no amnesty, no hope. SO - This year I filed an I-130 for his 14 year old son, my stepsonl, who lives in Guatemala - and it appears that it really will go through. My question is: Will having his son here hurt or help or be irrelevant to his moving forward with the waiver process?

Laurel(A) It won't hurt, but sometimes the consulate gives you a very hard time when the spouse and stepchild are not immigrating together. Technically they are supposed to be completely separate cases, but the consulate often engages in a de facto (and possibly illegal) administrative joining of the cases.

Rebecca(Q) Sorry to clarify - will my stepson who will be granted a visa and will live in the U.S. (not adopted by me, though) - hurt my husband's chance to be approved for a waiver, if we decide to go through with it.

Laurel(A) Shouldn't hurt it, no.

shah(Q) Thank you so much Laurel,so the approval rate for misreps are very low.My case will go to London. How much would you usually charge for a misrep case(Would it include all the fee and stuff).The document they gave me just says need 6C1 waiver and more proff of my relationship with my wife.Since i was also working on student visa ?

Laurel(A) It'll be around $8000, but I need to review the case.

Rebecca(Q) My husband was approved for the I-130 and it was sent to NVC in 2008 when we dropped it. We wrote a letter at the end of 2008 saying he would adjust status in the U.S. (basically so they would hold processing.) I haven't communicated w/ NVC since. I called the automated phone system at NVC last week to check on the case and it just said "we received notice that you would change status in the U.S." My question: Should I write to them now and every six months or so to say "continue to hold" so they don't terminate the case (until we do proceed)?

Laurel(A) You need to file an I-824. The case is not at the NVC. It is at the local office. That's what they are saying.

Rebecca(Q) If a waiver is denied, is that seriously the end of the game (or at least end of the game for 10 year ban in our case), unles there's some law change in the U.S.? In other words, when a waiver is denied, is there nothing further we can do legally to try to get the visa sooner than the ban period.

Laurel(A) You would have to get the waiver. You could re-file or appeal, but in the end, you have to get the waiver approved for him to come back. You couldn't bypass the process.

Rebecca(Q) Are you currently accepting cases? (I'm incredibly thorough and bureaucratic and able to follow directions usually so we would not be horribly challenging from the personality POV.)

Laurel(A) LOL. Yes, we are currently accepting cases.

Rebecca(Q) Ok yay. If we lost the initial waiver petition and wish to appeal, is it basically the same review/waiting process as the initial waivier petition? (in Guatemala case - another 6-12 months presumably).

Laurel(A) An appeal is 27 months from the time the AAO receives the appeal, which is often one to three months after the appeal is filed with the USCIS office issuing the denial. So, about 30 months. For this reason, an appeal is rarely the best option.

shah(Q) I will do a phone consultation with you then.What would you adivse i start of with in terms of Hardships my wife has a good job, healthy. What basis you accpet a case.In my case 6C1 waiver for misrep/lie to an ooficer.Once sent back and next time banned for 5 years although it was in 2006.How long does it take to prepare a wiver packet? Laurel wanted to thank you for all your help and time.God bless you

Laurel(A) The list of documents for the waiver is the most important thing we do on any case. It is something we come up with after careful consideration. Do not start gathering you documents for the waiver until we tell you what to get. It takes us about 6 to 12 weeks to prepare a waiver packet.

Laurel(P) As for the bases upon which we would decide to take a case .... well, we do take most cases, but there are some reasons why we might say 'no': (a) person is not eligible to apply for a waiver, (b) chances of approval are too low and I don't want to take their money, (c) potential client is rude to staff or attorney in the course of making and conducting the consultation, (d) potential client has too much trouble understanding and answering simple questions and instructions, (e) potential client has too much trouble using technology to communicate [our intake sheet is online for a reason], (f) potential client reveals himself to be 'high maintenance' by making several phone calls and using up 30-45 minute of the receptionist's time in the aggregate before even having the consultation, (g) potential client makes multiple attempts to convince staff to schedule a consultation for free or reduced fee, (h) potential client has something shocking in his history that I find personally offensive [e.g. conviction for sexual assault on a child], or (i) potential client had three prior attorneys and they were all 'idiots' [they taught us in law school that if you take this case, you're the fourth idiot].

shah(Q) In a misrep case, do we need to clearly state the incident specially if it was intentional. Or mitigating is the best option. Have you any success in a similar case like mine through London. How they are on misrep waivers?

Laurel(A) Usually I don't address it unless there is something truly mitigating. But for waivers that go through London, it's required.

Marg(Q) so it takes about 3 months to preprare a waiver packet and 6-12 months for a decision to be released? so probably a full year or more to finalize everything?

Laurel(A) Depending on where in the process you are when we begin, i.e. I-130 filing, NVC processing, waiver filing.

Rebecca(Q) If we lost the initial waiver petition, what would it mean to refile (vs. appeal)? Just bulk up the documentation and be subject to another 6-12 months (in case of Guatemala) awaiting the resopnse?

Laurel(A) Depends on the reason for denial.

Sammi(Q) Hi Laurel. If a person was granted VD and did not leave, is later deported by ICE. Would they be subject to a 5 year ban similar to the ban for deportation in absentia? Which scenario is worse in your professional opinion? Thank you

Laurel(A) No, but it is a major, major negative discretionary factor. It's hard to say which is worse. Probably the person who violated VD and was later captured and removed by ICE is going to have a harder time getting approved than the person with an in absentia order who departed promptly after the order was entered and it has now been at least five years since departure.

Marg(Q) Thank you for your explaination. what about the voluntary departure violation?

Laurel(A) Sorry. I have trouble following multiple conversations in the chat. Please post all the information and questions in a single post. You will see that sometimes I am able to follow conversations and then someone asks me something and I don't know which conversation it is a part of.

shah(Q) I am submitting my waiver in Dublin,Does it state somehwere that London needs full detail,as i didnt know,but you are the expert. Just asking so i have some insight before i take any action.Thanks once again for all you help.

Laurel(A) You can submit in Dublin, but under current procedures (which, granted, are about to change) your case will be sent to USCIS London. They have their own policy that they require a statement from the applicant. This is unique or nearly unique to the London USCIS office.

Marg(Q) lol ok, Im sorry. I was asking if there is a possibility for a person who violated voluntary departure when he was underage and is now engaged to a US citizen to receive a fiance visa? or would it be easier for him to apply for the hardship waiver?

Laurel(A) I answered this question earlier in the chat.

Laurel(P) To be clear, he will need the waiver before a finace(e) visa can be issued. Nothing you've said makes me thing he is ineligible to apply. Whether it will be granted always depends on all the facts of the case.

Laurel(P) Ok, guys. IT is just about noon. There are currently no questions pending. It's been a fun chat this week. Hope to see you all at the same time, same place next week.