Moderation starts.

laurel(P) Good morning! My lecture in Miami last week went well. Did you miss me?

laurel(P) Unfortunately I will be out again next week. This time I will not be travelling on business as I was last week. Next week I am taking my kids to Disneyworld.

laurel(P) Let's get started on the questions.

tropical(Q) Myamado: Hello Laurel..my husband is still in Honduras waiting on his waiver approval(I hope). I petitioned for his son waiting on I130 approval for him. If my husband and his son get approved around the same time can they travel together even though when asked on one of the forms we put each traveling alone. And if husband is approved what port would be his entry? Usually I fly from Honduras to El Salvador to Los Angeles. Thank you

laurel(A) Sure they can travel together. That's fine. He can enter at any point of entry, including any international airport.

Denver(Q) Is David Simmons still your attorney of choice in Denver area for a consultation re potential inadmissability issues?

laurel(A) Yep. David and I are speaking together again in Clearwater next month.

tropical(Q) Of course we missed you!!!

laurel(A) Aw. Very sweet.

tropical(Q) MyAmado: For the I864 on the new poverty guide I am make $1069. less than what should be for family of 4. Can I include the child support check I get every month? I do not claim the $4,800.(a yr) of child support on my taxes though.

laurel(A) Generally no. Best to get a co-sponsor.

tropical(Q) Babyshaq4: Laurel, through the waiver inadmissibility process what does this mean: “Your submission is undergoing a background and security check”? At which time/part of the process this is done? Thank you in advances for all the answers. God bless you!!!! PS: This is a waiver that is being adjudicated in Accra, Ghana. This Field Office said it will take between 30 to 180 days to be adjudicated, today is day 92.

laurel(A) It can be done at any time. It can be done more than once.

Gilkayo(Q) I am a Canadian citizen married 3 years to a USC. I recently revieved a 212(a) 7(a)(i)(I) with an expedited removal for an overstay on a visitors visa. My passport was never stamped. I was not charged. I am apply for a K3 visa and would like to know if I will need to apply for a I-601 and a I-212 at my interview in montreal? Could you let me know the process for this type of removal?

laurel(A) Canadians entering as visitors are generally considered to be in Duration of Status (note: Canadians do not enter on the Visa Waiver Program - they have different, much more lenient rules) and do not accumulate unlawful presence toward the 3/10 year bars until they are told by USCIS or an immigration judge that they are out of status. The "212(a)(7)(a)" just means that they thought you had immigrant intent and did not have an immigrant visa. You at the very least need to file an I-212, but there's a real issue as to whether you need an I-601. You (probably) do not need one for unlawful presence, but it is not impossible that USCIS in reviewing the I-212 will charge you with misrepresentation for trying to enter as a nonimmigrant with immigrant intent. This can be tricky administratively because the filing rules are different if you file the I-212 alone vs with an I-601. Since you don't know whether you will be charged with misrep, it is a judgement call as to whether to file the I-212 now or wait until after the consular interview.

tropical(Q) Momof2: Any idea why waiver adjucation in CDJ is now nearing 5-6 weeks for response? Will it get better before the new change, or worse do you suppose?

laurel(A) Three things are happening: (a) they keep adding regulations and hoops for the adjudicators to jump through: I've been told by a USCIS official that even under ideal conditions it will take three weeks for the applicant to receive a response, (b) they've been having a lot of technical problems due to the transition to electronic processing that have slowed things down, and (c) volume is extremely high at the moment. There are more cases going through CDJ at this time of year than at other times. I think that when they switch to lockbox filing, the CDJ pilot program will end altogether.

tropical(Q) gemma.jasmene: My boyfriend EWI in 2008 when he was 14 (catch & release once; successfully entered the next day); he's 17 now, he's been working w/ a fake SS# but with his real name; He has no criminal record, tickets, problems with the law, thus far! We're thinking about the K1 process & getting him out before he starts accumulating illegal presence. Do we have a chance at making it through without any complications?

laurel(A) I'd need to review the case, but yea, from what you've said you may make it through without complications. Please note that he does not accumulate time toward the 3/10 year bans until 180 days after his 18th birthday. He does not necessarily have to depart before his 18th birthday.

tropical(Q) from ktmnep: I am LPR . My I-130 have been approved 5 months ago. I have already paid AOS fee and NVC has asked me to pay immigrant visa processing fee which is $404.00. I have a question, I just started working like 4 months ago and I have not file Tax for more than 3 years. so, I don't make enough money to sponsor my husband. My sister is sponsoring my husband. Do I have to file I-864 or only my sister has to file I-864?

laurel(A) Both. The petitioner ALWAYS has to sign an I-864. And then you also need a co-sponsor.

tropical(Q) from caniread: Any news or update about the I601 process that the USCIS is talking about changing?

laurel(A) Lockbox filing will start as early as November. "As early as November" does not necessarily mean "November". It could be December, January, February, March, etc. Once lockbox filing starts, you will send your waiver packet to a PO Box in the US - probably in Chicago - after you consular interview abroad. This will have advantages and disadvantages. The biggest advantage is that we will avoid all the consulate-specific rules and regulations that have caused extensive delays and frustration in places like South America, Australia, etc. The biggest disadvantage is that most likely there will be no more Pilot Program. Of course, it is worth noting that even for Pilot Program approval, it is now taking about three months from the consular interview as you have to wait 6 weeks for an appointment and another 6 weeks for a decision. Since it is possible that the decision time could be 3 months (no promises) for lockbox filing, it may end up being just as fast and not require that addition (expensive) trip to CDJ.

Dana(Q) Hi Laurel!! I'm one of your cases ( Ardelean from Romania- in 2008 my I 601 waiver for misrepresentation was approved). In 2009 I received my permanent resident card! I have to questions: 1. My husband is chating me and I want to divorce. When I will fill for my citizenship, consider my case (receving green card after I 601 approved) and not anymore married with him, do you think I will have problems? 2. If i'll not divorce and next year i'll fill for citizenship being married, the interview will be more difficult compare with simple interviews consider the I 601 waiver case? Thank you!

laurel(A) I remember you!! I am very sorry he is cheating, but you are a strong woman and you will get past this. I think you were married at least two years before you got your green card, so it should be regular permanent residence (the "10 year card") and divorce will not be an issue except that you would have to wait longer to naturalize (5 years instead of 3). If you have conditional permanent residence and have not yet removed conditions then there could be some challenges in getting the conditions removed.

tropical(Q) From : Alessandro. sent 130 in March and I got a NOA1 ,but my wife and I separated this month. Is possible to continue with the process living apart ????

laurel(A) Not really. They check for real marriage many times along the multi-step immigration process and one of the things they are interested in is cohabitation.

tropical(Q) Volume is higher in CDJ at the moment - is that just for CDJ or do you see a worldwide increase?

laurel(A) Its usually higher everywhere in the summer as people try to plan their trips to the consulate during their kids' summer break.

John(Q) Hi laurel, I have summited my I-601 a month ago at New Delhi. i wanna add some more documents on my waiver. How can i do that? Can i send the document in e-mail (attach the file)?

laurel(A) You cannot update your pending waiver by email or fax. It has to be mailed. Please note that generally speaking, updating pending waiver packets slows down processing times. Not necessarily for an individual case, but when lots of people are updating lots of cases, it slows down everyone's processing times. Update your pending packets sparingly, preferably only once while the case is pending.

tropical(Q) From: a dreamer: current client- we were informed that our I-130 was denied by a local office at the end of June. This info has not been updated on the USCIS website yet and we re-filed in August. Should we be concerned that our original I-130 has not been updated with the denial according to the USCIS website yet so now it looks like we have 2 I-130s pending?

laurel(A) They update their database when they feel like it. I'm usually not concerned when it appears that their database has not been updated.

stephluvju(Q) My USC BIL is petitioning for my MIL residency. On my BIL birth certificate it says that my MIL was 62 when she had him which is not correct. She was 22. Do you think that will be a problem with that during this process?

laurel(A) Wow, giving birth at 62!!! I think they will realize it is an error. Try to get the original one corrected, but don't let that hold up filing the I-130. I think I'd address that one defensively - i.e. wait for USCIS to notice - rather than affirmatively - i.e. pointing it out.

ktmnep(Q) we really missed you laurel. my sister was living with me when she filed tax last year and me and my son was dependants on her tax return.Now we don't live together. On part 5( sponsor's household size) of I-864 d. if you have dependent children, enter the number here. e. if you have any other dependent, enter the number here My sister wants to sponsor my husband what should my sister do on that questions? It was last year tax return. does she have to count us ( me & my son) as dependants?

laurel(A) Yes.

sadlywaiting(Q) Hello Laurel, Thank you for all the great advise! My husbands passport is expiring in 5 months. He is waiting for his Visa instruction Letter to arrive, it is due in two weeks. He has renewed it, but how does he inform the Visa people of the new passport number?? Is there a special form?

laurel(A) Hmm. Call 703-439-2313

Gilkayo(Q) Should I be prepared at my interview for both 601 and 212 waiver applications if this is the case? Everything seems so up in the air...

laurel(A) I think you need a longer chat with an attorney to talk about the pros and cons of filing the I-212 by itself in advance.

texas5(Q) what is the processing time for N400 filing from Houston. And how long should I wait before filing N400 once I become eligible for naturalization

laurel(A) To check current processing times, go to the USCIS website. You can file the N-400 up to 90 days PRIOR to the five year mark (if it is regular naturalization) or the three year mark (if it is naturalization for the spouse of a citizen).

ktmnep1(Q) Thank you Laurel for answering my question. Hope you will great vacation with your kids.

laurel(A) I hope so, too. As usually, 50 clients one me to 'take care of one last thing' before I go on vacation. These things vary in duration from 15 minutes to four hours. And I have 2 and a half days left. So, you do the math.

laurel(P) It's always like that. Clients panic if I go away for a week. Other attorneys say they experience the same thing. When you run your own business or law firm, your schedule is flexible on any given day. But taking a week of vacation with your family is extremely difficult.

Dana(Q) Thanks Laurel! I'll try to see if we can save our marriage! If not, I'll divorce! Yes, I'm a permanent resident (10 years), married in 2007 and received permanent card in october 2009! I know that if i'm divorce I have to wait 5 years instead of 3. My fear is not to have problem with my green card and with my citizenship if I will divorce, consider my misprepresentation waiver. I have this fear because after 3 years, I traveled for the first time in Romania and when I come back in US, the immigration officer told me that "appear something under my name" and need extra checking! They sent me to a immigration room in airport and they looked to my passport and they check in their computer, they asked me how long I was overseas and after this they stamp my passport! And for this reason I'm affraid to divorce!

laurel(A) Don't be afraid to get a divorce. You should be fine. I think they just had your old removal in their computer. I understand you wanting to be a citizen as soon as possible. That's very wise. But don't let that desire trap you in a bad marriage. To get citizenship after 3 years instead of 5, you not only need to be legally married, you have to prove you are cohabitating. So if you don't want to live with him for another year (or longer - don't forget about processing time for the N-400), then don't.

texas5(Q) I am LPR for 2 years now (went through waiver process). How long I can stay out of US without discontinuing my continous presence. Want to go out of US just for business/job purpose. Also this when I entered US I was grilled by border agent

laurel(A) I recommend you not leave for more than 6 months at a time nor more than an aggregate of six months in any 12 month period.

kevinj(Q) any news of the Dream Act Laurel?

laurel(A) As I have said since October of 2008, I do not believe there will be any favorable new immigration laws until the economy recovers and the unemployment rate goes way down.

ktmnep1(Q) well taking care of business is $$$ but going to vacation with family is priceless

laurel(A) It's always a difficult balance. I want to be there for my clients, but my kids need me, too.

laurel(P) No questions pending.

nrod(Q) Hi Laurel. For a K1 visa, does the consulate schedule the visa interview or does the applicant have to contact the consulate to schedule the appt? Case is pending at CDJ. Thanks

laurel(A) The applicant schedules.

ktmnep1(Q) After paying my IV fee ($404) do NVC send me all the forms i need to send them or i have to download it from web site?

laurel(A) You have to download.

ktmnep1(Q) What are the forms LPR has to fill out?

laurel(A) For NVC processing for an immigrant visa, the forms are DS-230 and I-864.

kevinj(Q) so is the possibility of filing the Waiver with the I130 officially dead?

laurel(A) It is still on the table for the distant future (e.g. more than a year from now), but it is off the table for the immediate future (e.g. within the next 12 months).

laurel(P) Kind of like the Dream Act.

kevinj(Q) If you recieved a meeting in Jaurez but then rechedule multiple times because you simply are not going, how would I go about reclaiming the original birth certificates, ect

laurel(A) While there is a way to retrieve documents, it is very difficult. Generally, you should presume that whatever you send the government in relation to the immigration case you will never see again.

nrod(Q) Have you noticed processing times speed up for waivers worldwide as a result of the new lockbox filing being implemented soon?

laurel(A) Processing times are constantly fluctuating. I do notice such fluctuations all the time. I am not ready to attribute any speed-ups to the future lockbox filing.

kevinj(Q) or is it possible to leave all the documentation down there bc we are going to refile again in 2 years after my wife finishes collefe

laurel(A) You should presume they will lose whatever certified/official documents you have sent them. They might not lose them, but I would be prepared to supply them again.

texas5(Q) what is your fee for N400.

laurel(A) It depends on how complicated it is. We have a minimum $1000 fee for any case.

ktmnep1(Q) For LPR eailer you pay the IV fee earlier you get the interview or you still have to wait for visa to be current. . NVC have asked me to pay the visa fee. I think my visa will be current in dec2011

laurel(A) If NVC is asking for the fee, they are ready to process the case.

kevinj(Q) I hope there is a way to obtain another Mexican birth certificate

laurel(A) Ask the Mexican consulate

Maureen(Q) Laurel how do I go about bringing my mother living in Mexico here as a tourist for a little while. I have a green card, but she doesnt have a passport yet

laurel(A) Despite very popular belief, you cannot sponsor someone for a visitor's visa.

Maureen(Q) who can? and how else would she get her?

laurel(A) No one. You cannot sponsor someone for a visitor's visa. She has to go apply on her own. She must explain the purpose of her trip. It will work AGAINST her that she has an LPR daughter. That is a strike against her, not something in her favor. But she must provide that information. The challenge on a visitor's visa is providing why you will go back home, not proving why you have a reason to come.

laurel(P) It is just about noon. The chat is closed. As I stated at the top of the chat, I will be on a family vacation next week and there will be no chat. I will see you all here again in two weeks.