Moderation starts.

laurel(P) Good morning everyone. The Moderation Function has now been turned on.

laurel(P) I think I will just jump right into the questions this week.

jesmin(Q) Hi Ms Lauren

laurel(A) Who?

_Ron(Q) what does " You were found by a Consular Officer to be subject to the inadmissibility provisions of 212(a)(9)B)(i)(II) and 212(a)(9)A) (ii) " mean?

laurel(A) It means you were unlawfully present more than a year and that you were ordered removed (deported) by a judge.

_Ron(Q) what does " You were found by a Consular Officer to be subject to the inadmissibility provisions of 212(a)(9)B)(i)(II) and 212(a)(9)A) (ii) " mean?

laurel(A) It means you posted your question twice.

TX(Q) My Visa expires on sept20,2011. I have applied I-601 and I-212 on Aug03,2011 and I email the New Delhi Embassy to expedite my application their reply was " Please note that USCIS New Delhi processes the I-601 according to date of receipt and your case was received on Aug03,2011. The usual processing time for waiver applications is about 4-6 months from the date appliactions is receipt of the case from department of state , Consulor section. Thereafter the cases are adjudicated within the processing tims , and as the law , our regulations and procedures allow" . Is that mean they won't expedite my applications? What happen after my visa expires, do I have to reapply waiver again?

laurel(A) You have not yet been issued a visa if you are applying for a waiver.

laurel(P) Your question seems familiar. I think you have been posting questions at every chat. If I have been unable to satisfactorily answer your question quickly in the context of the chat, it means that the chat might not be the best forum for your question. You may need to do a private consultation.

jesmin(Q) I am a newbie. we have F2A case completed at NVC, waitinf for interview schedule but my spouse has misrep his educational history on DS230

laurel(A) Why would you lie about your educational history on the DS-230? I'm wondering whether what you mean is that there is an error on the DS-230, in which case you would correct the error at the beginning of the consular interview before the consular officer starts asking you questions. Now, if the reason for the lie is to conceal something else, such as a violation of a student visa, then indeed you have a bigger problem.

TSK(Q) from menm2187: Hello Laurel, I am extremely confused and hope you can help, My husband had his waiver denied this year for having an absentia order, He can re-apply on may 2014, my question is when he re applies does he have to go through the whole i-130 process, and NVC process again,wait for the interview (in El Salvador) and submit the i-601 and i-212 again? This is really confusing, also after he applies when his ban is up are the chances of him getting his waiver approved greater? 2 USC children and USC wife suffers from chronic Bi-polar disorder. Thank you very much.

laurel(A) The I-130 for the immediate relative of a US citizen does not expire, but sometimes it is administratively easier/faster to re-file than to have the government go retrieve an archived case. When he is able to file the waiver application again, he will still have a tough time getting it approved and the government is very tough on deportation absconders.

TSK(Q) from Crystalita83: Hello, if someone is in the process (already have I130 approved or past that) do you think if they were detained they would have a better chance of a lower bond once they get to an immigration court? If the person has no criminal history, no deportation history or orders, etc. I live in Alabama and we want to be ready for anything that can happen.

laurel(A) Some removal defense attorneys believe that. I have not seen any statistics to support/refute the theory and since I do not do removal defense, I have no personal experience on this particular hypothetical.

TSK(Q) from Christinne: What can happen if we send the additional evidence ( hubby is backlogged) after the deadline on the letter received???

laurel(A) It means that the government will still try to get it to the right file before adjudication and if it does arrive in the file, it will be considered, but if it does not make it to the file in time - even if the government technically received it in the mail room before the decision - then the failure to consider the additional documentation will not be a basis for a Motion to Reconsider.

TSK(Q) from dulcemorena: HI Laurel! I was just wandering my hubby is a 9Cer and I was wanting to know if his employer could file his paperwork? Would this make a difference? His employer wants to help him and i dont really know if they can. Please help!

laurel(A) No, it will not help.

TSK(Q) from dididyakov: Hi,Laurel! I came in the USA with J1 visa in 2006(No 2 year req.) and it was cancelled from my sponsor because I didn't go to work there. I am married to US citizen now. Do you think that will be a problem to get a green card aproved?Thank you

laurel(A) If you NEVER worked for your employment-based sponsor, then there is a possibility that you will be accused of fraud.

laurel(P) If you are accused of fraud, you will need to file a waiver application as part of your adjustment of status process.

TSK(Q) from ktmnep: You told me last week that "One of the things they(Field officer) look for when they review a prior waiver packet is inconsistency". Can you explain me what you mean by inconsistency? And one more question do acting field officer has authorization to approve or denied application?

laurel(A) If in the first waiver packet you said your father was dead and in the second one you said you need to take care of your ailing father. That's an extreme example, but something like that. Yes, the acting field officer has the same authority as the permanent one, except that the acting filed officer is discouraged from trying to make any kind of changes/improvements at that office since it is understood that the person will not be there long enough to follow through on any new plans.

HiHello(Q) Hi Laurel... I have a question about CIMT.... Is underage possesion of alcohol/tobacco a CIMT?

laurel(A) No because it is considered 'delinquency' and not a 'crime' if the person was under age 18. If the person was over 18 but under 21, then you can probably argue that while it's a crime, it's not a crime of moral turpitude since there is no intent requirement.

TSK(Q) from babyshaq: From 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!!!!

laurel(A) It means they are checking public records to see if you have any arrests, outstanding child support payments, warrants for unpaid traffic fines, additional marriages you forgot to reveal, etc. It can be done at any point in the process.

TSK(Q) from babyshaq: 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 78.

laurel(A) Ok, so since you are not supposed to make inquiries until you are at least 30 days outside normal processing times, you have 132 days before you can start bugging them.

TSK(Q) rom ccox12 Hi Laurel, last week I asked you about criminal history on the I-751 application, about if immigration history (picked up by ICE, etc.) counts as criminal history for the question on the form. You had said that his entire immigration will need to be revealed. Where exactly does that happen? On the 751 it never mentions immigration history. Just asks if he's currently in removal proceedings or if he's been arrested. Where would I put that information if it's not on the application?

laurel(A) If they don't ask about that, then you don't need to tell them, but they will review their own records. They always have the ability to review information available to them that they did not ask you about.

TSK(Q) from FGV1: What major changes are going on currently in CDJ, any new policies?

laurel(A) Well we are going to start lockbox filing at the end of the year, so when that happens, everything will change in terms of procedure. The Pilot Program in CDJ is expected to end when lockbox filing starts. But at the moment, we are dealing with a slew of small procedural changes, any one of which can cause lengthy delays, which is quite frustrating.

TSK(Q) from irmag: Hi Laurel, My husband has his first interview on sept 29, 2011 & we would like to know if he needs to take any document with him.

laurel(A) You mean his consular interview? Yes, he should take certified/official copies of all the vital records he had to submit to the NVC, plus official copies of any required police certificates, criminal records, military records, etc. Also recommend he bring photocopies of everything that was previously submitted to the government. This is not an exhuastive list. The list is somewhat unique to every case.

TSK(Q) From: LEMIAD I'm from Mexico and I EWI in 2000 when I was 14 yrs old, and I never went back. I came here with my mom and siblings running away from my abusive father. He followed us here in 2002 and did the same so my mother filed a domestic violence charge against him, and we have the police report. He's now in Mexico. I got married a month ago to a USC, and we want to start having kids soon, but we're scared because of my status. What would be the best way for me to get my green card? Is there a way to do it without going back to Mexico since I am terrified of my father?

laurel(A) Presuming you have no aggravating factors (and I'd need your Intake Sheet to make that determination), you are probably a good candidate for the waiver process. If you are afraid to go to Mexico, you can request to have your case processed in a third country (e.g. Spain, Costa Rica, etc. - I do not recommend Canada), though you will have to obtain a valid visa to go to that third country.

TSK(Q) from pooky23: Laurel I had my waiver appointment March 4, 2011 and was referred for lack of evidence and government record check. My question is that back in 2006 we wrongfully tought I qualify for AOS as the wife of my USC husband. AOS was denied but I was not deported. My husband did not mention anything about the denied AOS, do you think that's an aggravating factor?? do you think it's gonna be a problem that he didn't mention that in the hardship letter??? My husband and I have been married for 7 years, I have no criminal record and I entered the US as a minor, we think that the main reason for my referral was my A-file. Thanks for your help!

laurel(A) Perfectly good cases get referred all the time. But yes, the denied AOS is a complication in the case and it may be the reason for referral as they will want to retrieve it and see if the information provided previously is consistent with the current information. If I had done the case, I would've mentioned the prior denial as part of my brief for the waiver packet.

TSK(Q) From Palomina: I was able to get permanent residence for my ex-husband in 2007, we split up in 2009, but just finally got divorced this July (couldn't afford it) and I remarried right after. My new husband and I are wondering if they will look at this negatively or if it will impact our chances to get his residency. Also, new hubby came EWI in 2002, had a DUI in 2007. Would it be better to wait until next year to file and try the COR route since we are scared to death of going to CDJ? What is the current "policy" in CDJ about DUI's and referrals?

laurel(A) The increased use of Prosecutorial Discretion in removal cases will theoretically make it more difficult for people to affirmatively apply for Cancellation of Removal (COR) as you are unlikely to be a Priority case if you have a good COR case. At the moment, this increased difficulty is theoretical, though it has already been difficult to affirmatively apply for COR for some time as the government has to agree to place you in proceedings voluntarily. As for whether the prior marriage-based case will affect the new case - yes, it is relevant and will be reviewed. But if there is solid evidence (preferably children in common) of real marriage, then you should be able to get past the complication. Children in common is not the only potential proof of real marriage, but it is by far the best proof.

chrissytina(Q) from SOLYLUNA: Can a person adjust in country through his USC wife if he was once petitioned by his father in 1992? His father died 2008 and never finished the process. He was under 21 when petitioned for, he is now 38

laurel(A) Very probably, but I will withhold the word 'certainly' as I have to reviewed the particular facts and documents for the case. So we will leave it at 'very probably'.

TSK(Q) From Polla: How the 9c works? do I get notify sometime during the NVC process or at the time of interview the IO decides wheter I'm banned for 10 years or elegible for waiver? Will be I deported in case is during the NVC? First time EWI on 1991 when I was 10, left the US before my 19th bday in 1999 then came back 2 months later. (I've been approved for I-130) Should I stop the process here and wait for a change or continue and risk it all?

laurel(A) It sounds like 9C. You wouldn't find out until you were at the consulate and then you're stuck. You should probably abandon the process.

TSK(Q) from duende333: can a waiver be denied for a second time and same reason as the first one. do you have any cases were the i-130 takes more then 8 months, this is the second time whit my i-130 cos my waiver was denied on october 2010, i send the new i-130 on december 2010 and a got my recib numbert the same month but i still pending. tthe denied was cos i was working whit a false ss numbert and i was taking by police i toll them that i had purchased the ss years ogo to work. and i got charge for that, that was the reason for the denied. thank you so much.

laurel(A) Sure a waiver can be denied twice for the same reason or different reasons. I have had the occasional I-130 case take longer than expected.

jesmin(Q) please tell us how we can cancel our current DS230 at NVC and resubmit a new one without filling any educational history

laurel(A) It doesn't work that way.

laurel(P) Best to correct the error when you get to the consulate, but I'd want to know more about the error.

jesmin(Q) how does 30 minutes consulation work and what are the fees for that

laurel(A) Go to www.scottimmigration.net and fill out the intake sheet. When the intake sheet is complete the computer will ask you to pay $200 online. After my assistant receives both intake sheet and payment she will contact you to schedule a telephone appointment. During that appointment I review your intake sheet and ask you questions. The main purpose of the consultation is to get your history, especially your immigration history (most importantly - dates of entry/exit and manner of entry), marital history, and criminal history. After I have the information I need I can assess whether you are eligible for a waiver (or even need a waiver) and whether your chances of approval are high enough for me to take the case. I do agree to take the case for the vast majority of people who consult and are eligible for the process.

laurel(P) I usually only decline if (a) the person does not appear eligible, (b) the chances of approval are too low, (c) the potential client is rude or unreasonably demanding [you'd be surprised how often this happens in the context of a consultation], (d) the person has other, better options, (e) the potential client is having too much trouble using the internet, or (f) the qualifying relative [even though a US citizen] does not speak English well enough.

laurel(P) Oh ... or if I think the person is not being honest with me in the consultation

sadlywaiting(Q) Good Morning, My husband will be returning to CDJ for his medical exam. It is over six months old,but his consular appt is only 2 months old. Does a DS260 need to be filled out if the DS230 is still valid until 2/29/2012. Thank-you,for all the great advise!

laurel(A) If you did not do a DS-260 before, they may require you to do one now even if the DS-230 is not that old.

jesmin(Q) because his date of birth on genuine certificates does not match with his passport and birth certificate

laurel(A) ???

mdrno10(Q) Hello Laurel, I've been getting clonficting answers on co-sponsor we've been on this stage since June because and we are trying to move foward.. is true that in order for someone to be a co-sponsor they need to show example: my brother in law claims 6 counting himself. in order for him to be our co-sponsor he needs to show on his W2 from 2010 over 38,000? last year he was unemployed for like 2 months or so and his W2 shows 33,000 and his unemployment shows 10,000 he is working at the same company this year. can he still be our co-sponsor or i need someone else thanks

laurel(A) He needs to meet the income requirement for his household size. You can view form I-864P, which can be found by going to www.uscis.gov and clicking on "forms". Pan down to find the I-864P. He will need to meet 125% of the poverty level. If he meets the requirement with his current income and for all three most recent tax years, there is no question that he meets the requirement. If he meets is now and in the most recent tax year, but not the other two tax years, he should still be fine. If he does not meet it now, then it doesn't matter what the prior years were - he clearly would not meet the requirement. The real question comes when the person meets the requirement now, but did not meet it in the most recent tax year. Then you're in a grey area where a government official will weigh the evidence and render a decision that could go either way.

HiHello(Q) Thanks! One more question. I heard of GC-holders not allowed to re-enter the US after a trip abroad. What are some of the causes for this and how can it be prevented?

laurel(A) A green card hold should not have any problem entering the US after a trip abroad UNLESS: (a) the person has been gone for more than one continuous year and does not have a re-entry permit, (b) the person appears to be living abroad and is just coming back for a few weeks here and then to avoid that one year of continuous absence, (c) the person renounced the green card, or (d) the person committed a crime that makes him/her inadmissible, even if the crime was committed in the US and did not make the person deportable.

laurel(P) Note that the rules for inadmissibility are different from the rules for removability (deportability) and some crimes make you inadmissible, but not removable. If a green card holder commits such a crime, he/she can live in the US indefinately as a permanent resident, unmolested and without fear of being placed in removal/deportation proceedings, HOWEVER, if the person steps outside the US, he/she will not be let back in.

TSK(Q) from Anna2007: Hello i have a couple of questions, first one is i am a stay at home mom with a 4 year old and two 7 month olds unable to work because my whole check would go to day care. Me and my husband have been together for 5 years and married two of those 5. He has been here for a total of 8 years. I was wondering is there a way to keep him here and still get his papers? I will have no where to live if he gets sent back and no way to take care of my children!

laurel(A) It depends on a number of things, most importantly how he entered the country. But from what you have described, I expect the foreign-filed waiver process is probably is only option or possibly the best option, which means you should be prepared for him to be outside the US for 6 to 12 months as part of the process, presuming everything goes well.

Martin(Q) Is there an email address of where I can send you my Immigration history so you have it in front of you before our 30 min.consultation?

laurel(A) You would fill out an intake sheet. We prefer for consultees to NOT send us additional documentation as part of the consultation EXCEPT a denial narrative on a denied waiver.

laurel(P) It is noon already. Unfortunately there will be no chat next Wednesday as I will be giving a lecture in Miami. The next chat will be in two weeks.