Moderation starts.

Laurel(P) There were technical problems with the chat at about 11 am, but they are now resolved. The system may have been overloaded with too many people attempting to log on at the same time.

Laurel(P) We will just jump right in.

TSK(Q) from Aldiak: Hi I was in removal, got married passed I-130 the strock interview. Filed 485 in april 2010, the judge terminated the removal in october 2010. Had my interview in february 2011. The officer told me he van't approve me cause he didn't have my I-file, cause ICE didn't send it. 6 months after i call the ombudman and senator. 2 days after i got a notice for biometric code 3, for october, 3. And on september,27 my case status change to card production. And the document was sent in september,27 but never receive it. I called today the officer told me my case was still pending. And there was no decision on my case yet. Can you please explain me what is going on?? And can i do now?? Thank you

Laurel(A) The person you called is looking at a computer that may or may not have been updated. If you do not have the card within 30 days of when you were told it was being created, then make an Infopass appointment and bring the notice that says a card was being made. If that doesn't work, then go back to the Ombudsman.

TSK(Q) from Waitinginlorton: If someone came to US on visit visa in 1999 then changed it to duration of status student visa and dropped out of school in 2001. Filed for asylum in 2003 which was denied by the officer and referred to a judge. By the time he saw the judge it was beginning of 2006, instead he took voluntary departure. Did he accrue any illegal time in U.S.?

Laurel(A) Sounds like an exam question. I think you probably have not accrused unlawful presence toward the 3/10 year bars.

TSK(Q) From RebekahR: I qualify under 245i as a grandfathered alien under an I-130 filed in 1994. I left the country in 1997 (i dont know if VD or Deportation-pending FOIA). I came back EWI. My priority date will be current soon and I am wondering the process for filing for adjustment? Do I have to apply for a 601 or 212 waiver? Does it matter how much time I waited outside the US before I re-entered?

Laurel(A) The proceedings complicate the case and raise questions about eligibility for adjustment with USCIS. You may have to get the removal case reopened and terminated. Talk to a local attorney and do a FOIA.

TSK(Q) from rmstafford: Hello Laurel, Do you by any chance work with the stand-alone I-212's to be filed here in Houston and if so, could you tell me what your experience/timeline with that office is? I heard they are terrible to deal with when it comes to this waiver. We are not required to file the I-601 since the ban under that code has expired and the only waiver we were asked to file was the I-212. Wife EWI'd at the age of 16 from ES, was given VD to leave in 2007, placed on an Order of Supervision that same year and left before she turned 19 (at our expense). We were told that because she did not leave when she was ordered to, that she accrued the 10 yr ban. We arranged to speak to her caseworker and he agreed to let her stay until October of 2008. We found out later that no matter what he told us that because she did not comply with the VD order she was placed into the removal process, which we did not know about until after she left. We only followed what we were told by her caseworker. Wrong information is constantly given by USCIS, is very costly and lenghtly!! Thank you for your assistance.

Laurel(A) Yes, she needs an I-212. The deportation officer does not have the authority to extend Voluntary Departure. If he 'let's' you stay longer, your Voluntary Departure order automatically converts to a removal order. It's actually too bad she doesn't need the I-601 any more (bar expired after three years) because administratively that would've been easier. USCIS does give incorrect information frequently, yes.

Laurel(P) I have done the lone I-212, but not very often as the lone I-212 case is actually something of an oddity. I have filed them in several places. I do not believe I have filed one in Houston. Whenever you have a lone I-212 case you should expect problems and delays. It is simply not handled well administratively. I'd say things go the way they are supposed to about half the time. Having said all that, she has a good shot at approval given the set of facts you describe.

Laurel(P) For how long it will take, it should just be a few months, but that's only presuming she doesn't run into the type of problems that are common with the lone I-212.

TSK(Q) from Lilas: Hello Laurel, hoe you are doing well. Thanks for your time to answer our questions! I went to US with a J-1 visa and before expired I changed for a tourist visa. I was with my now "husband" (American Citizen) at the time and because of the delay of his divorce paperwork and a pregnancy problem I could not adjust status. We left US exactly 29 days after the completion of 1 year ilegal in the country, so I think I have to apply for a I-601 if we wish to go back for good (which is not the case). It has been 4 years since we left, never attempted to go back, however I am currently working for an American company in the UK and I was asked to go to Texas for training and meetings. How can I get around that? It is possible to have a business visa in my conditions? If so, do you handle this cases? I don't have any criminal records or anything like (apart from stay ilegal for delay and pregnancy problems - we had to cancel our wedding due to the high risk of baby born prematurely). Thanks for your time!

Laurel(A) If you can prove that your overstay was a direct result of medical problems and that you departed promptly (i.e. within two to three weeks) of getting 'clearance' from your doctor, you may be able to show exigent circumstances for overstaying your visitor's visa. The proof and argument have to be solid. For example, if your doctor put you on bedrest for several months, obviously you can't get on a plane and that would be considered exigent circumstances as long as you left when the doctor said you were good to fly. Ok, but what if you can't prove that? Then you would need a nonimmigrant waiver and a nonimmigrant visa. Your biggest hurdle will be proving nonimmigrant intent, which is tough (but not impossible) for the spouse of a citizen. You would be showing that you were coming in for business reasons and that you were leaving behind a house and a job that you plan to return to. As it said, it will be tough to prove nonimmigrant intent when you have a US citizen spouse, so your evidence has to be really strong. While I can do a case like this, you should know that it would not be a typical case for me.

stephluvju(Q) I was wondering if there are any exceptions for minors regarding having to leave the US to adjust status. My friend is now a US citizen filed for her son. She adjusted here but based on what we've read and USCIS has told us her son will have to return to Mexico because they only applied for him last November.

Laurel(A) There are exceptions, but I'd have to know more about the case. I'd need to know how he entered, what the immigration status is of the petitioner, how she adjusted, etc.

John11(Q) Is approval of waiver has increased in 2011? Somebody told me it has increased in Asia, is it true?

Laurel(A) Approval rates have remained steady. Filings have decreased, as all immigration tends to decrease during a recession.

TSK(Q) from ximena7885: Undocumented immigrant is applying for cancellation of removal. Judge has scheduled a new hearing because immigrant has a criminal record. She has one count of petty theft (not convicted) and a failure to appear for a traffic ticket. DHS says that because the petty theft is a crime involving moral turpitude then she does not qualify for cancellation of removal. She qualifies for the exception under 212, but I was wondering if she even has to worry about the CIMT because she was not convicted. Under INA 240 the undocumented immigrant has to have been convicted of any crimes listed under 212 and 237. Should this person be worried? Finally, do you think that FTA is a CIMT although it was for a traffic ticket? Thank you very much.

Laurel(A) The person has to show ten years of good moral character. Certain convictions automatically make Cancellation impossible (e.g. armed robbery). But other convictions become part of the good moral character issue (e.g. DUI). Failure to appear will be part of the moral character question. As for the shoplifting, they will be looking first at whether there was an actual conviction as this will go to the question of technical eligibility to apply, but even if there is not a conviction, the incident will still be reviewed as it relates to moral character. In other words, the judge will look at the facts of the shoplifting case to see whether he/she thinks the alien actually committed the crime, even if there was no conviction.

TSK(Q) From gemma.jasmene: Are I-9's taken into consideration? If a person has EWI and worked illegally in the US, will it count against them when applying for a visa?

Laurel(A) The I-9 does not make it to the hands of the government unless there is an employment raid or audit. If such a raid or audit occurs, then yes the I-9 is absolutely part of the alien's immigration record. If there was no raid or audit, the I-9 fades into nothingness.

TSK(Q) from m_a_rodriguez: Hi Laurel, One quick question I currently live in Tijuana now, I was given a voluntary departure from an immigration Judge in Otero Processing center. My fiancee and I would like to marry and go through the process. I have a 3 year summary probation in Los Angeles would that affect the process? Also I read my police report where its stated that I used a Ca. ID and Social, to obtain a job/s. What precautionary steps can I take about this, also is it common for them to read a police report during the interview, where they may question the ID/Social statement within the police report ??? Thank you -M

Laurel(A) The three year summary probation scares me. I would have a lot of questions about that. You really need a consultation.

TSK(Q) from ktmnep: Hi Laurel, When we send our DS-230 forms to NVC , do we have to send photo of principle applicant with it? If yes how many photo do we need to send with DS-230 forms?

Laurel(A) Yes, Two passport-style.

TSK(Q) From Tonyduke: Hi Laurel, I once aksed a question in the past about an interviewer at the embassy making an error by telling me that U.S. citizen fiance's cannot file 601 and 212 waivers but then said he was going to send my file for administrative processing around April and afterwards, my fiance got angry and sent an email to nvc to withdraw the petition but later sent another email two days after for reinstatement due to her depression actions. The question is, NVC later sent her a letter that the file had been sent to USCIS for review and that it cannot even be withdrawn or cancelled and then USCIS case status states their office received this case from the State Department with a request for it to be reviewed. So could this REVIEW be based on my fiance's action or based on the interview error at the embassy? and how long can this review take (its been sin June, 2011)???

Laurel(A) Could be based on any of the above. When the consulate bounces an I-129F (or I-130) back to USCIS for readjudication, your case is having major, major problems. Either they strongly suspect fraudulent relationship or they suspect fraudulent identity of the alien. Either way, you have a major battle ahead of you. I've never seen things go quickly after a petition gets bounced back. I do recall once case that took four years to resolve after it got bounced back.

Laurel(P) Suddenly I'm freezing.

martha(Q) I already had the interview in CJ Im a USC wife.The official ask ,me for my husband income tax but it wasn't enough . I present the morgage of our house, ,the official told me it is not a prove of financial evidence and ask me for a sponsour. I don't have any so my husband and I don't know what to do. Our lawyer told us that the morgage is a financial prove and inmigration supouse to acept it. What can we do now? I´'m in Mexico

Laurel(A) Technically you are tasked with proving that you will not become a public charge. The income requirements are guidelines to help the adjudicators make that determination. Assets can be used to supplement income or used in place of income. They go back three tax returns and also want to know current income. When you are way over the poverty guidelines for all three tax years and current income, the government official cannot find that you will become a public charge without appearing to be unreasonable. But when someone is close to the line in recent years or only just now meets the requirement, it will be up to the adjudicator. So even if you show that you just barely meet the income requirement with current income and current assets, the consular officer does have the authority to require a co-sponsor.

John11(Q) Less immigrant applying means chance of approval are high?

Laurel(A) No. That is not what it means. It does mean that the 'lines' for preference categories are not expected to grow as quickly and the H1B cap will not be reached as fast.

stephluvju(Q) Thanks, Laurel. He entered without inspection, the petitioner is US citizen, she adjusted thru her husband. Her dad filed a petition for her in 1998 but then she adjusted thru her husband (not dad of child she is petitioning for)

Laurel(A) While I would still have a few more questions to make a final determination, it really looks like the child would have to apply for a visa abroad.

tx(Q) any good news about immigration this week?

Laurel(A) Nothing that I know about.

Sammi(Q) Hi Laurel. Applicant went to their medical in Juarez, was told he had to undergo additional testing for some unknown condition and the IV Interview would be cancelled. He has now rescheduled an IV interview on the CSC website at the consulates request, but the system makes the applicant schdule another ASC prior to the IV Interview. He already did an ASC appt prior to the physical. Do you suggest he just go to another ASC appt? Thanks

Laurel(A) Yea, just go. You're right about it being superfluous and they may even turn him away when he arrives, but he should go just to be sure.

TSK(Q) So I hate to be the broken record, but have you heard any news on what's up with CDJ and how long it's taking for decisions? 9-10 weeks is beyond frustrating, as I'm sure you hear from your clients.

Laurel(A) My clients who are in this position are almost universally angry with me for not resolving the problem and/or warning them that this might happen. This is a typical reaction for attorneys to get when the government suddenly and expectedly has huge delays for something. I don't know what the problem is or when it will end.

Laurel(P) Maybe that wasn't a fair statement. I may be projecting my own frustration.

Laurel(P) In any case, I do not know what the problem is or how to solve it.

Laurel(P) No questions pending.

Laurel(P) If I were to write a guidebook on waivers, what would you want in it?

John11(Q) so that is the reason priority date for F2A is moving so fast?

Laurel(A) Probably

TSK(Q) Would you like those of us from forums to post this question on our sites and get back to you?

Laurel(A) Sure

Laurel(P) But you can throw out some suggestions now

Laurel(P) After this I'm going to my car to get my sweater

Sammi(Q) simplified terms for those of us who don't know how to read the INA.

Laurel(A) So, like a

Laurel(P) Oops.

Laurel(P) So, like a 'dictionary' section.

TSK(Q) Or INA code for dummies. :D

Laurel(A) LOL. Ok.

Laurel(P) If there is nothing else, I will close the chat for this week. I will see you all next week.