Moderation starts.

Laurel(P) Sorry I'm late. My computer froze up and I had to restart it.

Laurel(P) Yes, sometimes it happens to the moderator

Laurel(P) Let's just jump into the questions this week since I'm late.

ashley04(Q) I am wondering about drivers licenses for immigrants. I know some states do not require a ssn to get a license. Would having a drivers license be construed as misrepresentation?

Laurel(A) I've only seen it come up in an immigration case a few times. But where it's most likely to come up is when an alien is trying to say that he/she was not present in the US at a particular time but the government comes back and says, "Really, because you applied for a driver's license in New Mexico during this time period where you say you were not here."

TSK(Q) from Chula1967: More than likely we will have to file for an I-824, but I do have a service request out but we know how that can go, I also have an info pass for the 18th of Oct. to see which way we decide to go. My file is in the National Benefits Center (NBC) office, I know that I have to follow the mailing instructions that are on the I-824, however on my letter it says: If the person for whom you are petitioning decides to apply for an immigrant visa outside the USA based on this petition, the petitioner should file form I-824, Application for Action on an Approved Application or Petition, with this office to request that we send the petition to the Department of State National Visa Center (NVC) Question: Should I send the application directly to the NBC in Lee Summit, MO. (the address is provided at the bottom of the NOA2) or send it to the address on the instructions?

Laurel(A) Follow the instructions on the I-824. The instructions change frequently, so I check them again every time I file.

rescalera99(Q) My friends USC sister petitioned for her in 96, but she cant find her I-797 approval notice. She does have other I-797's from 2001 & 2003, but not the one from 96 (for some reason the 'notario' they were working with told them that they had to keep applying to keep it active). Is there any way to request a duplicate I-797 from 1996 if they don't have their priority date or receipt #? Or do they basically have to wait until their FEB2001 priority date comes up?

Laurel(A) They should do a FOIA.

annalou(Q) Good Morning Laurel, we got our NOA2 just last friday for our my K1 fiance visa. I am a mexican natinal who will be needing a waiver for an overstay. What are my chances of scheduling a waiver appointment, assuming everything turns out well in the visa interview, before January?

Laurel(A) Slim, but not impossible. Much of these timelines are out of your control.

Laurel(P) Bear in mind that you do not want to be filing through the Pilot Program just before Christmas. The adjudicators will be wanting to get out of there and many attorneys believe - though the government denies - that they are more likely to refer cases just before a major holiday.

chrissytina(Q) Good morning! Question about something in a memo about what not to use. You mention that unless there is criminal histor that you should apologize for your immigration violations in the waiver, because it can come accross as insincere. In a recent discussion I found that some lawyers ask the immigrant to include an apology. One even said that he has seen it noted from the reviewing officer that they like it when there an apology. I agree with your perspective on it, but wanted to know if you have anything to add on your experience on this topic...ie...feedback from the consulate etc.

Laurel(A) This is an area of disagreement among different USCIS offices. Some, such as the Vermont Service Center, actually require a letter of rehabilitation from the applicant for every type of waiver. London requires a statement from the applicant for every waiver case, but does not specifiy what needs to be in there. Others, such as Kingston Jamaica, have stated in their standard written instructions that a letter of rehabilitation is required only when there is criminal history. If I can avoid filing one, I will because as I said, it is almost always insincere. This type of variation from office to office is one of the things USCIS seeks to eliminate with the upcoming Lockbox filing, which should begin later this year or early next year. I expect that the standardized policy with Lockbox filing is that such 'apology' letters will not be required or requested.

John1(Q) Mexico consulor ask for addition documents if they think there is not enough evidence for extreme hardship. why do New delhi don't ask for additional documents and just deny the application?

Laurel(A) The Mexico consulate does not ask for additional documents since now the waiver is filed directly with USCIS. So it would be the Mexico USCIS office making the request. I take issue with their request letter sent when the case is referred as I believe the letter is over-standardized and does not indicate what may actually be a shortfall of the case.

chrissytina(Q) correction '....SHOULD NOT" apologize...sorry typing too fast

Laurel(A) I figured

Becca(Q) Have you ever seen an expedite approved (601 and 212) then to receive a denied visa? If so, what were the reasons for the denial? (My approved waiver expedite is in Rome and the site states "Ready for Adjudication")

Laurel(A) I haven't seen a consular denial after expedite, mostly because it is both rare for the waiver to be expedited and also rare for the visa to be denied after waiver is approved. I've seen both, but never in the same case. Reason for visa denial after waiver approval would normally be because there has been a change in interpretation of the law, new information on the applicant's previous violations, or new violations. I've seen one where they realized the petitioner was actually an EWI herself with a fake US birth certificate and they denied for that reason (she did not know she was an EWI - her parents lied to her).

TSK(Q) From gemma.jasmene: what is good evidence for proving a couple has met (k1visa) if they’ve lived together the whole time. Ive never visited my fiance’s home country, he entered illegally, so I dont have passport stamps, chat logs, emails...etc! I do have two daughters, lease contracts, rent/car payment reciepts under both of our names. Also, should I provide a parental consent for the I-129F is he’s 17 when Im applying for him, but will be 18 when he has to come back to the US and marry me? his mother is in Mexico & I find it hard to get her to sign a letter; he was under the guardianship of his aunt (could she sign it?), but not legally or anything court documented.

Laurel(A) I answered this last week. Please see the chat transcripts from last week.

maya(Q) hi Laurel, I am LPR since 2008. My husband file I-601 on July26, 2011. He was DV winner, his last day for Dv visa was Sept30, which has already gone. I think consulor knew about the last day for DV. Since they have not send him any decision ( it's been almost two and half months) do you think decision will be negative or do they take there time which is 6 months for New Delhi.What will happen now since visa is not available for him.

Laurel(A) I'm actually not 100% certain of the rules on this. I would need to do some legal research in the context of a paid consultation.

TSK(Q) from caniread: do you recommend waiting in Juarez after your second I601 interview for the DHL pickup or going back home to wait and have it delivered at home. Thank you for your input.

Laurel(A) Times can vary for how long it will take to receive that DHL packet. I don't want to say wait in CDJ, thinking it will be a week when actually it's five weeks and I don't want to say go back home thinking it will be five weeks when actually it's three days. There's just too much variation. You need to make your own decision on that one, realizing that really no one has good information because the expected wait time can be totally different next week from what it was last week.

TSK(Q) from ktmnep: I am LPR. I have applied I-130 on Dec08,2009 and was approved on Feb2010. I have already paid IV fees which is $404. My question is do they(NVC) inform me what to do next like if they send me an

Laurel(A) You may have gotten caught up in the whole visa retrogression experience. I'd have to review your case to see if that's what happened, but that's my guess. If it is a visa retrogression issue, it could be several years before the NVC is ready to proceed.

TSK(Q) from sohani: Hi Laurel, my husband came to america 2000 with someone passport from Bangladesh.He caught in California airport and applied for political asylum.After he got denied and got proceeding to removal. Then appealed 9Th circuit to motion to reopen.They also denied him 2005.And 2006 i got married him and we have 2 us citizen children.I am us citizen now and applied for him this year i-130,i-485,i-601,i-765 all together.He has a interview for i-485 this month 26th.Is it right way to apply all together?Does he get arrested in the interview because of his order of removal?He does not have any criminal history.I am really worried.Thanks for your time.

Laurel(A) You have reason to be worried. If he goes to that adjustment interview, he should be expect to be taken away to prison in handcuffs and should be on the next flight to Bangladesh. Reason? He has an outstanding order for removal. If you don't go to the appointment, expect ICE to show up at your door, possibly at 2 am, to take him away since - again - he has an outstanding order for removal and you just provided them with your current address. I'm very sorry, but he has some major aggravating factors in his case - fraudulent documents, denied asylum, deportation absconder - which give your case a very low chance of I-601 approval. I would probably decline this case.

TSK(Q) FromIMinCA: I'm the sponsor for my spouse's I-864. Given my income level is enough, can I become a sponsor for a friend as well? Can this cause problems for my pending case? If it does cause problems, what are some problems have you seen?

Laurel(A) As long as you make enough income, it should not be an issue.

TSK(Q) from tropical: Is it the case that if a parent of a beneficiary adjusted status/filed for asylum in the past and included the children as part of the application that would trigger USCIS to now, in applying for a marriage based visa, cause the case to be placed in AP? Even if the beneficiary is not adjusting through the parent but through the USC spouse? If so, if the beneficiary has requested their USCIS FOIA should they include a copy or original CD from USCIS in their waiver packet to speed up processing and/or hopefully get around AP?

Laurel(A) It is not necessarily more likely to cause delays associated with Administrative Processing, but the asylum case is still part of the alien's immigration history and you should at least get a hold of the file. If it is put in Administrative Processing or Administrative Review, having the FOIA in hand will not necessarily speed things up. But you still want to know what's in there.

annalou(Q) can I apply for student loans after AOS?

Laurel(A) After you become a permanent resident? I think so.

annalou(Q) I entered the US when I was 6 years old with a tourist Visa and through my father I obtained a SSN that was not valid for work. Will this be a problem during th ewaiver or visa process? Also as a teenagaer I was in a juvi detention center for truancy and when i was 16 I was caught shoplifting but they never pressed charges. They made me go to therapy instead. Will I have to present any proof of this at any point?

Laurel(A) If you came on a B2 visitor's visa or Border Crossing Card and you have never left, then you may not need to do the waiver process. You should be able to adjust here through marriage to a citizen. Back then you could legally get a SSN much more easily, so that shouldn't be an issue. The minor juvenile offenses will not cause you too much trouble, but you should obtain the records.

rescalera99(Q) Thank you! When the time comes for her priority date will she have to file an i-601 waiver? She never entered illegally, she entered with a tourist visa and has overstayed (and never left).

Laurel(A) If her spouse is a US citizen, she can probably adjust without leaving. An LPR can naturalize after five years.

chrissytina(Q) ::dry well that makes sense, we do have to remember there are other consulates than CDJ, and I am sure most lawyers don't just deal w/ CDJ so if they have it a standard request in a good # of them, I could see asking it of all clients regardless if requested or not. Thank you.

Laurel(A) It's one of those things that is about to become moot with lockbox filing. No sense in debating something that will no longer be a matter of debate in three months.

Becca(Q) Thanks. Please answer if you have time. There was a crime of simple assault, so no waiver was needed, but because we have proven through a medical report from my spouses doctor that cause of the crime was medical and unintentional with a letter of explanation. (Crime involved child). How much weight do you think this may have in adjudicating our approved expedite? Or do you think it has already been considered BEFORE they approved the expedite? (I'm stressed.)

Laurel(A) I'd really need to carefully review all the facts on this one and so will the adjudicator.

Audra(Q) Sorry just barely chimming in, this may have already been asked......Just wondering if there are any updates to the delay in CDJ on I-601 waivers?

Laurel(A) No updates, no.

annalou(Q) my USC fiance grew up in mexico and his family moved to NYC a year anc change ago. He is enrolled in school and working but he started this past summer. He has never filed taxes since he lived in mexico. Will that be a probem for the affidavit of support?

Laurel(A) Yes, you may need a co-sponsor.

Sammi(Q) Do you think Lockbox filing will speed things up for I-601 already filed abroad? Does this mean cases filed at the lockbox will get processed first since they technically don't have any other cases waiting before them to be adjudicated? Thank you

Laurel(A) I do not think it will speed things up for already-pending cases, no. It is possible that a lot of cases will be forwarded to Nebraska from the other USCIS offices abroad, my gut tells me that they will probably not do that since they will be implementing a new procedure and will be dealing with the inevitable glitches of a new procedure. Nebraska won't want to be handling a backlog on top of that.

Laurel(P) But ultimately I don't know. Actually, they may not have decided.

annalou(Q) I left the US when i was 19 and being misinformed, applied for a tourist visa in mexico. I never lied and was honest about me living in the US illegally. Some say this counts againts me. Is this true?

Laurel(A) Well, it may depend on what happened after. Did you then EWI back in?

Becca(Q) I'm guessing then at this point anything is possible. I was trying to figure out HOW MUCH is looked at before they approved the expedite. I'm thinking it is not thoroughly reviewed, otherwise it would have been approved immediately.

Laurel(A) I don't know, but if it were me, I would read the cover letter and first determine whether it warrants an expedite, presuming everything stated in the cover letter is true. If it doesn't then I stop reading. If it does, then I review the evidence. For example, if the cover letter states that the person wants an expedite because the house is about to go into foreclosure, then I would probably stop reading since that's not a ground for expedite. But if the cover letter says they want an expedite because the child of applicant and qualifying relative has been diagnosed with leukemia, then ok I'm going to read the doctor's letter.

rescalera99(Q) In the case whan a USC sister applied for her sister & family, when the time reaches her priority date, you mentioned she can adjust status in country she does qualify for 245i... does this mean she will or will not need a waiver as well? she overstayed her tourist visa from 96 and has not left since.

Laurel(A) If she's 245i eligible then nothing you've stated above makes me think she cannot adjust status.

ashley04(Q) That makes sense. Would that be the same situation as using a U.S. address when submitting a foia and fbi fingerprinting request?

Laurel(A) I'm sorry, but while I am pretty good at following one coversation over a period of an hour, I am very bad at following 20 simultaneous conversations. If you have a follow-up question, I need the original information repeated back.

Becca(Q) ok, the expedite was request was sent by me via email with an attached doctor's letter. Also my packet has a an expedite request. They emailed me within 5 days of my email.

Laurel(A) Ok. And your question?

Becca(Q) lol, still trying to figure out how far they went into our packet.

Laurel(A) If they don't approve the expedite request, they won't review the waiver packet until it's your turn in the queue.

annalou(Q) I applied for the tourist visa and was honest about my overstay. I never went back i am still in mexico waiting to go to juarez for my visa interview and eventually the waiver. Is it going to count against me that I appliied for a visa 2 years ago?

Laurel(A) Probably not. I would consider it a minor complication in your case as every piece of immigration history makes the case a little more complex.

ashley04(Q) You mentioned that having a U.S. drivers license would possibly indicate you were in the u.s. to a gov't official... I was wondering if using an american address for a foia request or fbi fingerprint request would show the same in regards to tracking you being in the u.s.

Laurel(A) Maybe. It depends on how the forms will filled out. Having the FOIA results sent to your attorney in the US certainly wouldn't raise any eyebrows. Having your FOIA notarized by a US notary present in the US certainly would.

Becca(Q) we have a very strong reason for the expedite, but have few very negative factors, the crime of simple assault, overstay, married after deportation, etc etc. I the simple assault is scaring me half to death because it involved a family member... however it was caused my a medical reason.

Laurel(A) Sounds complex.

ashley04(Q) Is it possible to have the Foia request sent to a fiance in the U.S.- we dont have a lawyer yet. But if it was being sent to anyone else I would need a U.S. notary correct?

Laurel(A) Yes, you can have the FOIA sent to anyone. No, the notary requirement has nothing to do with whether you are sending it to a lawyer or another individual.

Becca(Q) yes, it is complex which is why I am here stressing waiting for Rome to update. If he is not approved I will have to prepare for the next step.

Laurel(A) I'm afraid I cannot provide you with the assurance you are looking for.

Becca(C) I know. Thanks for your help.

Becca(Q) Laurel, should I contact Rome, or do they get aggravated by that?

Laurel(A) They get aggravated by that.

Laurel(P) With no questions remaining, we will close the chat. We will be here again at noon next week. See you then.