Moderation starts.

Laurel(P) Not that many people in the chat room today, but I see we have some questions.

TSK(Q) from Esperanzax100pre: What is the average of approved waivers on the first round in CDJ? Is it true that there are no more same day approvals?

Laurel(A) You mean average wait time for the intial decision? We are at ten weeks and counting. Same-day approvals ended over a year ago. The Pilot Program is essentially dead.

Laurel(P) Why do I say the Pilot Program is dead? When it began, the idea was that the client would present the waiver at an appointment within a week of the consular interview and would have an initial decision within 48 hours of handing in the waiver. When it first started, that's how it actually worked. This went on for a few years. But over time bits and pieces of bureaucracy were added to the process. In part, I'm sure, because attorneys and clients complained that their cases were referred and for one reason or another, they found it unfair. There are probably other reasons why bureaucracy was added that we may never find out about. As it currently stands, waiver appointments happen about two months after the consular interview and initial decision happens another two and a half months later, for a total time of about four to five months from the consular interview. This is the regular processing time at many locations. So, even though the Pilot Program still insists that it exists, it is dead.

TSK(Q) from maxelena: Hi Laurel Yor name was suggested by another member. He believes that you might have experience with UK (London) Embassy for a waver I-601? My story: Im a awaiting an interview letter (PD FEB 2005), probably within the next 4-6 months. However, I DO believe that they will ask me for a waver as: 1. Left USA 4 years ago while under order of removal (issued with the removal order, because I have stayed longer than permitted) 2. Overstayed my visa, less than a year (between 9 to 12 mo) So, as Iam preparing for my waver package and I need help.Please share your experiences, either positive of negative? Any advices or tips? Please help? Thank you maxelena

Laurel(A) If you departed pursuant to a removal order four years ago, which sounds like it was a regular removal as opposed to an expedited removal at the border, then you will at the very least need to be filing an I-212. If you do not need an I-601, you can go ahead and file the I-212 now with the USCIS office having jurisdiction over the place that ordered your removal. There is a possibility that you could have it approved prior to your priority date becoming current. But you should absolutely do a consultation to get a better idea of whether you will need an I-601. I think you will not, but I would have to review. Also, note that the I-212 is not a mere formality and you will have to prove that you 'deserve' to get it approved.

TSK(Q) from leilei: Hi Laurel, Thank you, in advance, for answering these questions. I am a USC awaiting the return of my E w/o I Mexican husband. We had our 1st appt in CDJ in August 2011. He was denied due to him admitting to trying marijuana and is able to reschedule his appt January 2012. (I know this is lucky as this is normally an automatic 1 yr ban). 1. I know that the processing times for getting an appt are anywhere from 3 weeks to 3 months, so, is it feasible to call in late November early December to make that appointment? 2. I have severe panic attacks, which a doctor can attest to and have gotten worse with the absence of my husband. Can this speed this up in any way? 3. Should I go ahead and prepare a waiver, or just wait until his appointment? Again, thank you for all that you do, Laurel! Lauren

Laurel(A) It's actually only taking about a month or so to get a new consular interview in Ciudad Juarez. You should be able to make the appointment online, as opposed to calling in. The panic attacks will not speed things up as you are facing a mandatory period of inadmissibility that the Executive Branch cannot bypass. I think if you expect to have your new consular appointment in January, you should be working on your unlawful presence waiver now, yes.

TSK(Q) from michohonne: hi laurel i just got an RFE from uscis athens requesting evidence why usc wife cannot move to syria.i hold a syrian passport but never lived there. i resided in lebanon forv 14 years before i immigrated to us on immigrant visa.so i to sent them evidence why wife connot move to lebanon. i lived in U S for 20 years.my question is they gave me another option since my conviction was over 15 years they said i could qualify for rehabilitation waiver (1st conv possesion of control substance 2end ilegal use of credit card 100$purchase). now i have 4 bussiness in U S witch i used to handel loads of credit cards.which waiver u think it would be easier to prove.thank u

Laurel(A) You prove BOTH. This is a discretionary waiver. You need to approach it on both issues.

TSK(Q) from ktmnep: Hi Laurel, I am a DV2011 winner. My DV date has already expired on Sept30, 2011. I have file the waiver on Aug03,2011 and I have not got the decision yet . My wife had filed I-130 before I won the DV.(she is LPR) and it has already been approved and she has already paid AOS and IV fees. My question is, I have not mention about my approved I-130 on my hardship letter, do the officer knows about it if you don't mention about it in the Hardship Letter.

Laurel(A) First, you seem to be using the term "hardship letter" interchangeably with "waiver application packet". Second, I don't know whether your DV date is preserved or not at this point. I would have to go back and research. Third, yes I would lay out your entire immigration history in your waiver packet.

TSK(Q) from MyAmado: Hello, I am at the end of this process. myhusband was approved Sept 13th, we need a new sponsor. Can I get a guide of where I can get help to fill out the I864 for my father tha will be sponsoring my hubby? 1st he receieves social security and his pension, he is above the 125% povertly line. Can this be posibble he sponsor? Thanks

Laurel(A) On the USCIS website where you find the forms, you will also find instructions for the forms. If you review the instructions and still have questions, you should hire a licensed attorney to assist you.

TSK(Q) from ghues: Hi Laurel, I have my visa appt in CDJ next Thurs and I'm a very concerned w/some of my entries. I first entered the US in 1990 w/a family visa (visa was issued to my mom and I was the accompanying child), returned to Mexico Jan 1994 and went back to the US a wk later. Once again returned to Mexico in Dec 1995 and went back to US in Jan 1996. All of these entries were w/family visa and mom found an old I-444 which the officer wrote (2) is this similar to an I-94? My lawyer states I shouldn't be penalized since I was a minor but I just want a second opinion? Thanks!

Laurel(A) I don't know what you mean by 'family visa'. But if it is 9C that you are worried about, unlawful presence before April 1, 1997 does not count toward 9Ci.

Becca(Q) Good morning Laurel... what could it possibly mean if Rome site went backwards from Ready to Adjudication to Pending? Also, could it mean a denial is on the way? Thanks

Laurel(A) It could mean that they realized they needed to order the alien file. It could also mean that they put you in the wrong category on the list. I had one client drop off the list completely for a month, only to reappear the next month.

TSK(Q) from UCFKnight2012: Attorney Scott, are you aware of the current processing times for waivers in CDJ? Today is week 7 for us and we have not received any news. Thank you.

Laurel(A) About ten weeks and counting.

TSK(Q) from Kpontes: In your experience with the NVC mailroom, how often are you told that civil documents are not original when you in fact know that they are? After sending your response is it usually quickly resolved?

Laurel(A) I argue with NVC all the time. Sometimes stuff is resolved in a day. Sometimes it is resolved in a few months. There was only once when we couldn't resolve something and had to start over with a new petition. In that case the NVC said they sent the case to the consulate and the consulate said they never got it. Both of them passed the buck and said it was the responsibility of the other to help us. We did some research and determined that it was the NVC's responsibility to assist us in re-creating the file at their office. But they flatly refused. So we had to file a new petition. Again, that only happened once in the hundreds of cases that we've done at my firm. What you are describing happens all the time.

TSK(Q) from Inlimbo: Hi Laurel, Some people who had initial I-601 waiver appointments in CDJ in August/September 2011 and who are awaiting initial decisions on their case have called the 703 # for information on their case and have been told that USCIS will no longer be sending out the packets via DHL because they are so behind and that they will now be taking 8-15 months to process waivers (not just referred waivers). Do you have any insight as to whether or not there is any truth to this or just faulty information being given by the call center reps? Thank you!

Laurel(A) I have been hearing this rumor. I haven't verified it, but to be honest I think that's their best option given the spot they are in at the moment. No, it's not fair to the applicants, but I don't know how else CIS-CDJ is going to get out of this hole. I don't think it will take 8-15 months. But I can't promise that it won't take 8-15 months.

TSK(Q) from Kpontes: I have heard of people going in to their spouse's visa interview with them. Does it look good for the applicant this way, or do you think it really makes no difference? I am trying to decide if we should shell out the extra expense of including myself and our son on the trip my husband has to make for his interview in Rio.

Laurel(A) Some consulates, most notably Ciudad Juarez, will not even allow the spouse into the building. Remember that even if they did, you are not going to meet the person who will adjudicate the case. For Rio, the case will be sent to Lima, Peru. Yes, the consular officer may make a recommendation on whether to approve or deny. But for immigrant visas, unlike nonimmigrant visas, this recommendation does not seem to carry much weight. I've had cases where the consular officer promised my client an approval and the case was denied and cases where the consular officer promised to personally ensure a denial, and the case was approved.

TSK(Q) from kpontes: My husband's previous employer typed up a letter of good moral character regarding my husband, put it on letterhead, and attached his signature that he already has created on the computer and he emailed that to us. Do you think USCIS will have an issue with this used in the waiver?

Laurel(A) Unless you husband has criminal history, the character letter will most likely be ignored. In answer to your other question about whether a faxed or scanned letter is 'ok' - no, you should be handing in signed, dated original letters. They will consider copies of originals, but they may give them less weight. They have the discretion to ignore unsigned letters.

TSK(Q) from UCFKnight2012: Ms. Scott, My husband had a DUI case in 2005 and complied with everything. It's been over 6 years since the incident. I heard on previous post that these cases are AUTOMATICALLY referred? Any information on this?

Laurel(A) One DUI will not automatically cause a referral unless it was in the past two years, but does make it more likely.

lonelyinus(Q) Laurel do you know what month they are adjudicating? I have not seen any from the month of April yet and I was wondering if you knew what month they are adjudicating? thanks so much!

Laurel(A) Well, it depends on where you filed, but I presume you are talking about Ciudad Juarez. They are kind of all over the place. I've had recent approvals that took five months from the waiver appointment and decisions that took 15 months. The only discernable explanation for the different processing times is where the referred case happened to be sent for a decision. Some locales were taking longer than others. Unfortunately you have no control over where they sent it and sometimes you don't know where they sent it until you get the decision.

TSK(Q) Laurel, along with inlimbo's question, not only have members been told that they will need to wait 8-15 months for a decision on their case, they're now being told that a DHL packet is no longer going to be coming to them. They're being told that a letter is being mailed to them with instructions. Any ideas/guesses?

Laurel(A) I have not yet seen this letter. Are they saying they are using regular mail in Mexico?? Look, I'll see what I can find out and if I learn anything before next Wednesday, I will post as a news article on my website. Obviously, some s&*t is going down.

Becca(Q) wouldn't the alien file already be with the waiver if it came from the consulate?

Laurel(A) No. You have multiple files. While it is true that 'a' file gets sent from the consulate to USCIS, your complete "A File" remains in the US until USCIS orders it to be sent.

Sandra(Q) Hello Laurel!

Laurel(A) Hi

Sandra(Q) My husband filled his i-130,i-145 and i-765 concurently over a month ago. He's however recieved NOA1 for all filled forms. He had his biometric done today only for the biomtric staff to point out that he's first name was used as middle name to fill out all forms as different from what is on his Passport and B1 visa. She however followed the correct order on Passport and Visa. We got home few minutes ago,went to all our sent forms and realise this mistake. PleaseLaurel what could we do at this point? Do you think this would be a problem and affect his AOS case? thanks

Laurel(A) It is very difficult to fix this type of error. There really is not a standard procedure for resolving this while the case is in process, and the procedure for fixing it at the end of the process is painfull: after you get your green card with the error, you have to mail it back to them (which means you no longer have your green card) with an I-90 and wait several months for them to fix it. I often tell my clients to live with the error until they naturalize. Clients don't like to hear that. The other option is to make an InfoPass appointment and go in person to try to get it fixed. Settle in for a long battle where you may have to go in person several times for what should be an easily resolved mistake.

yulia(Q) Hi, Laurel. I entered the us in 2004 on C1-d visa. gor married, 2 kids, clear criminal history. husband is in school, has good high paying job... what are my chances to be approved. do you know how long is the process in Moscow?

Laurel(A) Friend, I have a lot more questions than that. When I do a consultation, the main purpose of the consultation is to determine eligibility for the waiver and chances of success. Before the consultation, I get the potential client to complete and intake sheet, which often takes them 15+ minutes to fill out. The consultation is then half an hour. What I'm doing during that time is eliciting the alien's immigration history, criminal history, marital history, family history, and civil history (e.g. child support, traffic tickets, student loans, etc.). And at the end of all that, then we talk about what the chances are.

Becca(Q) are A files always requested for each waiver packet? Even approved expedites?

Laurel(A) No, only when there is important immigration history, such as a denied asylum claim or denied I-485, etc.

John11(Q) Everybody talk about "Dream Act" why no body lubby for I-601. it's killing family

Laurel(A) You're preaching to the choir.

Laurel(P) No questions pending.

TSK(Q) Any more news about when the new lockbox program will roll out? Or still silence?

Laurel(A) After the Stakeholders' meeting was mysteriously cancelled at the last minute, I have heard nothing. I was holding off on bugging certain officials for information as I was giving them time to schedule a new Stakeholders' meeting, but I think it's time for me to start poking around.

lonelyinus(Q) Why does the paper that the USCIS sent me say in approximately 10 months we shall recieve a decision, yet I am hearing it could take 12-15months?

Laurel(A) Processing times constantly fluctuate. Generally, waivers take 3 to 18 months, but people get angry when they are given that wide of a window.

fred(Q) Husband EWI in June 1992. Volunteer departure in 1993 did not leave and was deported in 1994. His father had an approved I-130 for him in 1993. EWI in 1995. In 2009 at our immigration interview was detained and had his deportation reinstated. Does he have a 9c ban?

Laurel(A) Its not 9Cii because his most recent entry after removal was before April 1, 1997, but he does have a ten year bar under 9B and a 20 year bar under 9A for double deportations. While it is not impossible to get a waiver approved, it will be a challenge.

yulia(Q) Can you recommend a laywer in Chicago area?

Laurel(A) I don't think I know anyone in Chicago. The nearest people I feel comfortable recommending would be Laura Fernandez in Milwaukee (I think she's in Milwaukee) and Michael Davis in Minneapolis.

yulia(Q) Thank you very much!

Laurel(A) No problem.

Laurel(P) By the way, our website will be changing format in another six weeks, so look for changes mid-December.

Laurel(P) It is just about noon and there are no further questions pending. I will see what I can find out about what's going on in CDJ and post as a news article on my website. I will see you all next week.