Moderation starts.

Laurel(P) Good morning.

Laurel(P) I'm going to be announcing a special offer at our firm for the month of November, but I think I will wait until we are at least halfway into the chat so that more people will be present.

Laurel(P) I will go ahead and start answering questions.

TSK(Q) From: a2ventura: My husband was never married in Mexico but lived with and had kids with a woman. Before we met he filed for ITIN #s for himself, the mother of his Mexican children and the 2 children. Up until a year before we got married, he claimed her on his taxes as his spouse. The last year he put her on as his spouse was when he filed taxes in 2009. Since then he has claimed her as a dependent but "other." He technically does still support her as she is raising the children. They were never married, but I'm wondering if this could cause problems when we do our I-130 or beyond. Thanks.

Laurel(A) He needs to talk to a CPA to get this fixed as what you are describing is illegal. The only agency you should fear more than Immigration is the IRS. This will not necessarily impact the immigration case, but that is not beyond the realm of possibility.

TSK(Q) From: Palomina: How does prior military experience/service affect the probability of an I130 or I601 approval? Person in question served 1 year in the Mexican army when he was approx. 16 years old, subsequently EWI, and has been in the US for 11 years.

Laurel(A) Unlikely to be an issue for countries with which we have good relations.

Ricardo23(Q) Good Morning Laurel. I got my greencard for ten years through marriage a citizen, i've been married for almost 4 years but me and my wife we agreed to get divorce because things are not doing good, anyways, my question is : how the divorce is going to affect my status? can i get deported?

Laurel(A) Since your permanent residence is regular and not conditional, you should not have problems with the divorce unless your ex-wife begins making false accusations about you to USCIS, in which case you can AND SHOULD sue for defamation. It is far easier to convince a civil court that your ex is lying than to convince USCIS, but once you have that decision in hand from the more lenient civil court, USCIS cannot make a contradictory finding without A LOT of evidence. I went this route once and it worked quite well.

TSK(Q) From Mishu My brother-in-law (EWI) was a victim of a robbery at gunpoint and assaulted 6 years ago outside of his apartment after returning from work. He reported the attack to the police and IDed the guys who did it and they were arrested. Is he eligible to apply for a U-visa? From what I have read, he needs to prove that he suffered from this experience. How difficult is it to prove that he has "suffered substantially" from the experience. Thank you.

Laurel(A) Unlikely that he would be able to get a U visa for this. Usually the U visas are for more serious and ongoing crimes like involuntary servitude, e.g. forced prostitution. In order to get the U visa, the police have to cooperate on the immigration case and they usually don't. U visas are the domain of non-profit agencies and the non-profit attorneys are constantly complaining about how hard it is to get a U visa even when the crime is as serious as involuntary servitude. But you can make an appointment with a non-profit and see if your BIL would qualify.

TSK(Q) from mrsSalinas08: My husbands case is at NVC, we sent all required docs. I have received RFE asking for criminal records. My husband does have 2 charges here in the US but I am confused the instructions I read stated not to send US criminal records. Do i need to send a copy of his US criminal record to NVC?

Laurel(A) Aliens applying for an immigrant visa abroad need to obtain a police clearance from every country they've lived in for at least a year, even if they do not have any criminal record. Some countries are excepted from this rule, the most notable being the US and Mexico, i.e. you do not have to get police clearances from these countries. However, if you actually have a criminal record, you do have to obtain those criminal records, which are completely different from a police clearance.

TSK(Q) from sohani: Hi Laurel, My husband has a exclusion order.We applied for i-130,i-485,i-601 waiver together.He had a interview for i-485 in garden city.In the interview IO told us our hardship was not extreme hardship and after interview she gave us a blue paper.It says that my husband and my elder son has to do DNA test.We have to send them result before dec 15th.She also said we have to wait for our i-130 approval.I am confused about i-601 waiver.Do you think we have a another interview for i-601 waiver?She asked my husband some question about my hardship letter.I am worried.What do you think?Thanks for your help.

Laurel(A) It doesn't sound like she's given you a concrete decision yet. An 'exclusion order' is an older type of action, but I expect that if he returned without getting an I-212 approved, he is subject to reinstatement. If you don't already have a local attorney working on this, you need to go get one NOW. Presuming that what you've said above is correct, I'm concerned that he could be taken into custody at any time.

TSK(Q) From Anita Hello Laurel - if you can offer a solid opinion of how to proceed in this scenarion it is much appreciated! A beneficiary of a I-130 petitioned as a minor child of a permanen resident has now "aged out" (is now over 21) and has lost the 1year window to apply for a visa within the US. If he submits a I-485 while in the US will it be denied? And if denied would that beneficiary be eligible for waiver of inadmissability in the event of deportation or voluntary departure. This is the timeline: Father a permanent resident petitions a minor son with illegal presence in the US 05/25/2005 Approved I-130 Priority date April 30, 2001 2007 priority date becomes available - no followup 2011 Infopass appt at INS - told beneficiary is "aged-out" no longer eligible for category F2A on visa bulletin

Laurel(A) He's changed categories and is now a child over 21 of an LPR. If his priority date is Apr 30, 2011, and he entered before Dec of 2000 and doesn't have any other major grounds of inadmissibility (e.g. 9C), then he should be 245i eligible once his visa becomes available in his new catgory. Right now in the 'child over 21 of LPR' category, they are working on priority dates of Aug 2001, so his visa should become current soon. Now, if he was under 21 when his visa become current and he failed to act on that within a year, you have a different problem and I'd have to research whether that voided his case. It may have. But he could still adjust through a different petitioner - even an employer - under 245i. He should not depart the country without having an attorney thoroughly review his case and talk to him about options.

TSK(Q) from menm2187: Hello Laurel, I have previous posted questions and would like to know if you would take a waiver case that was denied due to an absentia order after the 5 year ban is up?? Wife is USC with 3 USC children, one child from previous relationship and I cannot take her out of country due to joint custody agreement. I suffer from Bi-polar disorder with previous suicide attempts and am on medication. Husband deported to El Salvador, I was born in U.S and have no family from there, chances for approval after 5 years and would you take case? Thank you very much.

Laurel(A) I would have to review all the facts of the case to estimate chances, though it does sound like he is a deportation absconder and that does lower his chances of approval. Right now I don't see a reason why I would automatically decline the case.

Laurel(P) There are A LOT of questions pending. But now that we are 23 minutes into the chat, I'm going to go ahead and post the announcement about reduced fees for November.

Laurel(P) November is often the month of the year when we see the fewest new clients at Scott and Associates. For this reason we are offering reduced legal fees for new clients who are able to pay the full legal fee in advance.

Laurel(P) While our current legal fees are $8000 to $9000 per case from I-130 filing to I-601 waiver preparation, under this temporary offer, the flat fee will be $6250 plus $1250 in reserves, for a total of $7500.

Laurel(P) What’s included in the flat fee and what is included in the reserves? The flat fee includes the work and communications normally required to complete a waiver case. The reserves are there in case the client would like additional communications while we are preparing the case, and follow-up work after the waiver is filed. The unused portion of the reserves are returned to the client when the client is ready to close the case. So if you do not use any of your reserves, you could get your $1250 back and have the case completed for $6250.

Laurel(P) If you are interested in this special offer, please go to www.scottimmigration.net and click on “Consultation” from the menu at the top.

Laurel(P) Back to the questions.

Catiana(Q) Good morning Laurel! :) Do you know if it could have an adverse affect on a person if she is teleworking in Mexico for a U.S. company while waiting for a decision on her waiver?

Laurel(A) Not necessarily, but as always it depends on all the facts of the case.

TSK(Q) From: Canadexan - Just wondering if you know of anyone that has filed a stand alone I-212 in the Seattle USCIS Office and how long it took for approval or denial? I am Canadian and my husband is US Citizen. The I-212 is for a 5 year ban for overstay. Thank you!

Laurel(A) I do not. The lone I-212 is an unusual type of application. I do a few a year and they frequently run into administrative problems as USCIS doesn't seem to quite know what to do with them.

TSK(Q) From: mrs_salazar09- We have been hearing that the 202# has been telling people that the applicant will need to go to Juarez to pick up their Visa if they are approved. They said a letter of approval will go to the US address and then a letter with either an appointment or a number to schedule the appointment. Is this the new procedure for the "initial decisions" in CDJ? We are all so confused! Are documents no longer being sent via DHL? Thank you

Laurel(A) Don't count on the operators at the 202 number to have the most up-to-date, correct information. To be honest, no one seems to know what the procedure is today as it seems to have changed from two weeks ago. I expect all the dust to settle when Lockbox filing starts.

TSK(Q) from candiathis: I plan on doing a full consult with you after the beginning of the year but want an idea of best case scenario now. Hubs has 2 cimt (11 yr old conviction), a drug charge (marijuana paraphernalia)(11 years old) abandoned asylum case, visa overstay, is an immigration absconder (missed scheduled hearing), and was deported almost 5 years ago 5 years after he missed his hearing. What do you think best case scenario approval chances would be? I am worried about him being an immigration absconder above all else.

Laurel(A) Wow, yea, that's a lot. I need to review all the facts in order to best estimate chances of success, but I will say that your hardship will have to be far beyond the norm (e.g. serious medical issues) in order for you to hope for an approval.

Sammi(Q) How can you tell the difference between an expedited removal and throwback at the border? If it was an expedited removal and the person attempted reentry and was succesful, would they still be able to follow through with consular processing or would you advise against it? Thank you

Laurel(A) Do an FBI fingerprint check. If it was an expedited removal and the person returned without inspection after April 1, 1997, then it's 9C and I can't help you until you've been out of the US at least ten years.

Ricardo23(Q) If i get divorce how long i have to wait to apply for the citizenship or i still can apply after 3 years?

Laurel(A) Then it's the regular 5 years from the date permanent residence or conditional permanent residence commenced.

TSK(Q) from ktmnep: My wife does not have enough income to sponsor me so my sister in law is filling I864 as joint sponsor. My wife and son was dependent when my sister in law and her husband (brother in law) jointly file Income tax last year. My question is since my sister in law is sponsoring me does she has to count my son and wife as dependent in I-864 form based on last year income tax. My wife and son are not dependent with her anymore.And they live in different address

Laurel(A) If they are listed as dependents on the co-sponsor's most recent tax return then yes, they have to be included in household size.

TSK(Q) from Mary105: Good Morning Laurel, My husband just became U.S. Citizen and he will be filing a petition for his mother. She is still in Mexico and has never come to the U.S.A. Do you know what would be the timeline to expect? Thank you in advance Mary

Laurel(A) Probably six months or less.

TSK(Q) from mdrno10: hello Laurel, little re-cap last week I told you that on the DS-260 we did not add a address because my husband was there 18 years ago for only 3 months so he didn't remember the street address and you advised we should have type UNKNOWN and add the city and state.. so now my question.. where can I get a blank copy of the ds-260 so my husband can take an updated one to the interview.. or I just add the info on the one I have already filled out.. like add the info with a pen..thanks

Laurel(A) Just bring it up orally at the start of the interview. Some corrections are important and some are not. I'd have to review your case to be sure, but I expect this is one of those unimportant corrections. Go ahead and bring it up, but don't stress about it.

TSK(Q) from kpontes: My husband is dealing with a crime of moral turpitude inadmissibility in addition to his overstay. The CIMT involves 3rd degree assault with domestic violence attached to it (Colorado has strict DV rules) and he was not able to complete his terms of probation because he was illegal at the time and was told if he was illegal his case would be turned over to ICE. Colorado pressed charges, not an actual person. We left the country with this open warrant but were recently able to have the warrant lifted for 9 months. If we have letters from friends and family, his past employer, pastor of our church, his student card from the pastoral degree he is working towards, etc. Do you think he has a good chance (in your experience) of being able to overcome this issue?

Laurel(A) It doesn't look good. The fact that you wrote "Colorado has strict DV rules" tells me your husband is minimizing what he did and that usually DOES NOT 'work' when (a) the person is convicted, and (b) the person is applying for discretionary relief. What works better is when the man takes responsibility for his actions, admits to what he did (and was convicted of) and explains how he learned from the experience and why we should believe he won't reoffend. A simple "I'm sorry" is not enough.

fred(Q) good morning laurel!have you had a i-601 cases in manila before?and how many were approved?what percentage were approved in manila for all i-601 cases?

Laurel(A) Haven't had one through Manila in a while, but they got a new adjudicator a few years back and from what I've heard her decisions are more consistent with other USCIS offices than for her predecessor.

uofiillini(Q) Hello :) my fiance EWI from Mexico in '01 and was picked up the first time and fingerprinted. we submitted the FBI report (and the other reports, but are waiting on those). The FBI states that 'Arrested or received 2001 - Agency ICE-N Platte Sub STA North Platte Charge 8. USC 1229(A) Removal Proceedings- Sentence Coluntary Return. He then crossed over again and has been here since. Does this seem like it is okay to move forward with the fiance visa and waiver? Do you suggest waiting until we are married to go through the process, or is fiance relatively the same (besides money)-- will this require him to be in Mexico a lot longer? The reason for the fiance is bc we would like to see his parents in Mexico prior to getting married.

Laurel(A) Voluntary Returns usually do not appear on the FBI fingerprint check. Something is 'up'. I'd do a CBP FOIA to get more info and don't do "anything" until you get those results.

cruzita(Q) Hi! When my husband had went to his first medical appointment, he had to hold off his visa appointment for 2 months so they could study his lung for some spot or something. After the 2 months we didnt receive the results, but he was able to reshedule his visa appt., and also has done his waiver. My question is that since his medical expires November 20, and since he may have to do it again, do you know if that "spot" is still there, will we have to wait 2 months again, or will he be able to be cleared to come home when he receives his visa? It doesnt seem like many people know the answer to this, so I hope you had clients that went through it. Thank you.

Laurel(A) Unfortunately, the government is notorious for repeating work and repeating investigations, wasting their time and yours. I cannot promise that they won't make you wait those two months again.

Aida_S.(Q) My husband commited a hit and run felony but it was reduced to a misdemeanor-Failure to conduct duties of a driver. This happened back in 2006. What is the possibility of his waiver getting referred? He went to court and completed all his community service and hasn't had a ticket since. I do want to add however that he was using his brothers name at that time.

Laurel(A) It will probably be referred.

Catiana(Q) Like what facts?

Laurel(A) When I do a consultation, I always go over all dates of entry and exit, manner of entry for each visit, marital history for both petitioner and beneficiary, all prior immigration applications and filings, children for both petitioner and beneficiary, traffic tickets, arrests even if not convicted, student loan applications, civil suits and judgements against the beneficiary, military history, child support payments, false claims of citizenship, etc.

Becca(Q) Hi Laurel. Have you ever had a case denied a 601 for non criminal aggravating factors (stated on the denial letter) even when hardship has been established?

Laurel(A) I can't think of a time when it happened to one of my clients, but I've seen it in AAO decisions. Usually the lower USCIS office just doesn't find extreme hardship, effectively mixing hardship and discretion. The AAO is more likely to separate out hardship and discretion.

Ricardo23(Q) I got my greencard a few months ago, and i just found out that i need to remove the condiitons on my social security card, am i in troblue because it already passed a few months since i got my greencard?

Laurel(A) I don't understand what you mean by 'conditions' on your social security card. You mean where it says you have to have employment authorization? It's up to you when you want to get one that doesn't say that, after you are eligible for the regular social security card. There's no requirement that you ever get a different one.

PRjr(Q) Hello Lauren, good morning. I just have a quick question, maybe with your expertise can shed some light into the matter.

Laurel(A) What's my name?

mdrno10(Q) hello laurel my husband ewi in 1993 hi was at that state for 3 months and he took a state ID reason I need to know if I should update the DS-260.. what are the chances they will have record of that?.. thanks

Laurel(A) I don't understand the question

Catiana(Q) I think she has an excellent record, is married to a military vet, I believe she was brought to the U.S. at a very young age. The company she was working for was so pleased with her work, they offered to let her telework while she had to be in Mexico.

Laurel(A) I would need to do a consultation. It usually takes me 15 to 30 minutes to get all the information I want to make an assessment.

uofiillini(Q) From the EWI Mexico where it shows on the FBI fingerprint: I am pretty sure that he was picked up in Nebraska on his way to Illinois, then it seems given voluntary departure. I did submit both FOIAs (including CBP) and we are waiting on those...should I expect them to come back with something bad? (he doesn't remember much about his pick-up)

Laurel(A) Picked up in Nebraska? That's more than 100 miles from the border. I doubt it was a Voluntary Return as that option is no longer legally available more than 100 miles in the country unless you're flying into an airport. Need to do a USCIS FOIA and get a copy of the alien file.

menm2187(Q) Laurel so back to the Absentia Order question would you reccomend a consultation now or after the 5 year ban is up? i-601 and i-212 was denied by consulate in June of this year, said we can apply in May 2014, also would we have to submit the I-130 and process NVC or just submit waiver? thanks again

Laurel(A) Well, sometimes we can fight the 6B finding and sometimes we can't. I have successfully gotten past 6B twice. But I'd have to review the case. My guess is we won't be able to overcome it, but I'd have to review.

mdrno10(Q) also my husband EWI in 1993 then left to mexico in april 1997 and came back EWI in oct or nov of 1997 same year... he's been here ever since will he trigger a 9c ban.. thanks

Laurel(A) Probably not.

hue10(Q) if you have been denied i-601 the first time, will your chance of approval be less the second time? and how many times can you refile?

Laurel(A) Depends on whether it is going to go right back to the same exact person as last time. There is no limit on the number of times you can refile.

alejandra_portillo(Q) Hi Laurel. thank you for you help. Have you done waivers for an immigrant from honduras? I know that many people from Guatemala say that Guatemala's adjudication of waivers is fast and they are very lenient in that country. Have you heard things about Honduras?

Laurel(A) Processing times are always changing. I think I've had a Honduran case recently.

mdrno10(Q) we didnt add the address in the ds-260 because we didnt remember and I wanted to add that info on a updated ds-260 you told me we should have type unknown on the ds-260.. but since he took a state id while he was there 3 months reason I need to know if I should update the DS-260.. what are the chances they will have record of the state id

Laurel(A) High

mdrno10(Q) so we should update his ds-260 so he doesnt encounter any problem

Laurel(A) You cannot update the DS-260 after it is submitted. You can bring up the error at the beginning of the consular interview.

Ricardo23(Q) Thanks for everything Laurel, God Bless you!!

Laurel(A) Thanks

Laurel(P) The chat is just about over. I'd like to remind everyone of the announcement I made earlier in this chat that we are offering reduced fees during the month of November for new clients who are able to pay upfront. The fee will be about $1500 off of our usual fee. Note that fees may vary for individual cases if there are complications. Please schedule a consultation if you are interested.

Erika_Welsh(Q) Hi Laurel, If you are a backlog case how do you find out where your case is?

Laurel(A) Basically you don't. The only way you would know is if you were sent a transfer notice, which seems to happen a minority of the time and often just before adjudication occurs, when it may be too late to update the case.

hue10(Q) what's the longest amount of time you have had a client in his/her homeland, waiting for i-601 approval?

Laurel(A) If it goes on appeal, it can take many years total from the time of departure to the time of decision. I've had cases where I was contacted before the alien departed the US and then we finally won the appearl several years later.

Laurel(P) It is noon and the chat is now closed. See you all next week.