Moderation starts.

Laurel(P) Good morning everyone. Katherine will be here momentarily to help me answer questions ... oh, there she is. Let's jump right in.

Laurel(P) You can all start posting your questions.

etoledo(Q) Hi Laurel, I'm a USC on Feb 3rd. 2011 My son (17years old) got visa denied 212(9)(C)(i)(I). No Waiver he trigered by EWI 1st time in 1995(2years old) 2nd.time1999(6years old)being a minor is there any with your help to get him back before 10 years. he has excellent record.THX

katherine(A) Unfortunately, there is not. The law is really unforgiving, and I think unfair, in this regard, since obviously at ages 2 and 6, none of his entries were his fault. While 9(b) has an exception for minors, 9(c) does not. We think it's a congressional oversight or mistake, but for now, it's the law. I'm very sorry. ¹

Abel(Q) Hi, my wife entered as K1 Visa and she got married and annul the marriage because her K1 petioner was abusive. She remaried again and with 2 children. She did not left the country and has good moral..I petitoned her for I130 and was approved but when she adjust I485 was denied. We spoke with few lawyers and told us that she needs to leave the country because she enters as K1 Visa. Is there a way for her to stay in the country, and how much you think it will cost to hire your firm?

Laurel(A) She could have applied for relief under VAWA (violence against women act) before she remarried, but now that she has married someone else, I believe that relief is no longer available. There are some rare forms of relief that are probably unavailable to her - e.g. asylum, etc. And then there is Cancellation of Removal, which would only be available after she's been present for at least ten years. But chances are, she will have to depart and apply for a waiver abroad. Our fees for waiver cases begin at $7980, but it may cost more depending on complications.

tropical(Q) From bobylupe. K-1, married, K-1 visa expires in a week. AOS filed Feb 2. SS# with EAD stamp through JFK airport. We went to the DMV and they said her birthday and name don't match, so they can't give her a driver's license even though we produced a visa, I-94, EAD etc. They said we need to wait for a letter from our state capital saying she is can apply for a license. Since her K-1 will expire soon, I'm afraid this will be another problem eventhough AOS has been filed. Is there anything we can do?

katherine(A) Why don't her birthday and name match?

tropical(Q) From China: If someone enter the U.S. with a tourist visa and overstayed and never has gone back to Mexico could they still adjust status here In the united states and if so about how long will it take for a U.S citizen petition for a brother.

Laurel(A) If someone enters on a valid visitor's visa (B1/B2) and overstays by more than 180 days and no one has ever petitioned for him in the past, he/she may only adjust status through an immediate relative US citizen, i.e. a spouse, a parent if he is under 21, or a child if the child is at least 21. If he's not 245i eligible (which he probably is not), he will not be able to adjust status through a US citizen sibling.

tropical(Q) from upinclouds: If a person entered the US with a tourist visa as a child and then overstayed but never left the US and does not have any aggravating factors, and now is married and has a child and the petitioner is a native USC, does this person have to leave the US and file for a waiver or simply need to adjust status outside the US? what are your thoughts and timeline of this type of case?

katherine(A) Assuming there are no other grounds of inadmissibility, you should be able to adjust status from WITHIN (not outside) the US, without the need for a waiver. (If you leave the country, you will trigger 9(b) and then will need a waiver). The timeline for this is probably 6 months to a year.

tropical(Q) from Juliios gatita: I have asked questions several times on husbands NOIR, last time they had sent me the NOIR and I requested a time extension since I had to aquire the supporting documents from Guatemala; they did not grant the extension, instead revoked our I130 petition and gave me the option of BIA. The question is in whether we have a valid marriage, Finally after 3 months in the courts of Guatemala we find out that RENAP made some errors in recording his divorce dates, which have now been corrected. However, USCIS has already sent me the I292 revoking his petition. My husband has already been in Guat. for over 2 yrs; Would I be better off just refiling with a new petition addressing the problems in the first one? We don't want to be stuck at the BIA for years. Also, if I go that route do I need to write them withdrawing the current petition or just wait on them to close it? I know that I really need an attorney but I do not have the funds for one. Thanks for any help or advice you can give me. I do now have the proper documents and the corrected divorce certificate in my hands.

Laurel(A) Probably best to re-file, but note that depending on the laws of your state, you may have to remarry first. Since you've already has a revoked I-130 for this marriage, you should consider your case to be unusually difficult. In other words, you really need an attorney. I understand that cost is an issue. But you should probably consider the cost of your husband's lost income due to delays that might have been avoided by good legal representation. A lawyer will charge you several thousand dollars for this case. You've lost tens of thousands in your husband's lost income while he's been abroad. And you are continuing to lose potential income.

tropical(Q) from upinclouds: For the hardship letter, if all my family and myself are in relatively good health, my only strong points of hardship are related to financial concerns (401k, debt, car loan) and my job skill graduating from the school of architecture and in practice, would this skill be something specific to the US that i could take on in the letter as hardship if i were to leave all these skills, educational background behind and the fact that we design buildings that are good for the environment? what are your thoughts on these types of cases where health issues are not a strong point of defense?

katherine(A) Where the only ground of inadmissibility is unlawful presence, it isn't usually necessary to have REALLY extreme hardship, so the hardship you describe might be ok. It's all about the evidence that you present to prove the hardship, and how you present that evidence.

tropical(Q) from michohome: hi laurel my question nvc requested court record from cases i had 15 years ago in us.. some of them i cant get what to do? its delaying the process now 45 day

katherine(A) Even if the court no longer has the records, they shold be able to produce a certified letter stating that they no longer have the records. You'll need to get this type of letter from the court and present it to the NVC.

tropical(Q) Anna: Hi laurel sorry I had the question in CAPS…If someone is convicted of conspiracy to commit grand theft and served only 4 months..in county ( he has an asylum status in America already) after serving he went to immigation jail.. ( has been in there for 1 year and two months already) The judge asked for a i-602 waiver from us to be filled out and turned in until next court date which is next month… ( Yes, She asked for it herself) What are the chances of her granting it? And what reasons will the T.A have to appeal the judges decision?

Laurel(A) An asylee cannot be deported as long as country conditions have not changed. I presume it is time for him to adjust status, which is why the judge is asking for the 602 waiver? The I-602 is a waiver of inadmissibility specifically for refugees and asylees. The standard for approval is quite different from the standard for the I-601. Instead of having to prove extreme hardship to a qualifying relative, you need only prove that the waiver should be approved "in the interest of family unity" or for "humanitarian concerns". That's a fairly low standard. However, there is still a discretionary aspect to the waiver and as part of the discretionary analysis the judge will take into consideration whether the alien is likely to re-offend. The waiver can be denied, leaving the alien with asylum status, but not a green card. The alien then remains an asylee until country conditions change and is then deported.

tropical(Q) From MY2122004. Hi Laurel I have filed lone 212 at phoenix and it was farwarded to consulate . consulate has responded as follows "Although the Consulate General has received the form I-212 on behalf of xxxxxx we are unable to process it at this time. The National Visa Center schedules an appointment and forwards the file to the U.S. Consulate General for an interview. The Consulate General can process I-212 for XXXXXX only after the interview depending on the outcome of the interview." does this mean consulate can process 212? or USCIS belives i need 601 or USCIS suspects i need 601 and want consulate to make determination after interview,

Laurel(A) CIS in Phoenix probably thinks you need an I-601 and when you need an I-601, the I-212 is supposed to be filed with it at the consulate after the consular interview takes place. Actually, I'm surprised the I-212 wasn't simply denied. The Phoenix CIS office is being generous as they are saving you from having to pay the filing fee a second time.

tropical(Q) from momof2: For the 601 at CDJ do they take Amex? How does the two year anniversary rule work? If it is approved or is it when the interviews happens that the rule applies. My 2 yr ann is coming in Sept and our timeline will be cutting it close to this rule

katherine(A) According to the CDJ website, yes, they do take AmEx. If you have another form of payment, though, I'd bring it as a back-up. Regarding the 2-year anniversary, it's hard to say exactly. We've had clients married two years at the time of the interview, but not when the I130 was filed, and they were still granted conditional permanent residence, even though technically they should have been issued full permanent residence. If that happens, its best just to addres the error upon your arrival in the US (NOT at the consulate) by requesting a new LPR card based on the government's error.

ashley04(Q) Hello, just discovered your site last night! My fiance came to the us ewi in 2007 from brazil. He was stopped at the border, taken to a prison for 90 days, remembers signing a paper but not sure what it was, and was then sent back to Brazil. He later ewi re entered. I read here about the fbi fingerprinting to find out his record. He is unsure if he was actually deported or just denied entry. Either way, is requesting the fingerprints to be sent to us safe? Can this trigger an ice raid for him? Also if he was deported would the next step be to go back to brazil and file a waiver.. if we marry is it beneficial to do it here or there?

Laurel(A) If he was held for 90 days before signing something, it sounds like it might be a stipulated removal, which is a deportation. Doing the FBI fingerprint check should provide useful information, but I would also do a CBP FOIA and a CIS FOIA. These requests for information should NOT trigger an ICE raid unless he is someone they really, really want such as a known drug trafficker. If he signed a stipulated removal and then re-entered without inspection, then he is subject to 9Cill and will not be eligible for a waiver for ten years from the date of his next departure.There would really be nothing we could do for him if this is the situation.

jenniferjacobs(Q) HI, I posted a little early and am going to repost in case my question didn't make it. I am trying to reschedule a client's immigrant visa interview. in Ciudad Juarez. The call center number posted on the US Embassy website is disconnected. There does not appear to be a way to do this on the new website where you now schedule immigrant waiver appointments. Do you know of another available way to reschedule immigrant visa interviews? Thanks!

katherine(A) I'm afraid that I don't. Our clients usually schedule them themselves by calling the call number.

george(Q) Hi Laurel, I EWI in 05 got married to a USC in late 06 been married every since, got clean record never been arrested or anything, what are my chances of becoming a PR?

Laurel(A) Based on that information you sound like a good candidate for the foreign-filed waiver process, but we would need to do a consultation and ask a bunch of standard questions. The foreign-filed waiver process is not without risks. It isn't easy, fast or cheap, but it is an option for you to resolve your immigration problems.

momof2(Q) Can my childrens special education and speech therapy that they get in school be a strong hardship for the 601? We only have unlawful presence to overcome.

katherine(A) Maybe. It depends on their exact diagnosis, the details of their conditions, and how the information is presented. Language acquisition problems in a 3 or 4 year old are typically not a very strong argument, because many 3 and 4 year olds in bilingual households experience language delays, only to overcome them later. But some learning disabilities may be significant, if presented correctly.

rohan81(Q) Hi Laurel, so how did you end up practicing this type of immigration law? I'm just curious, since it is such a unique area that few immigration attorneys have expertise in.

Laurel(A) I stumbled across it. When I started my practice I wanted to show potential clients that I knew what I was talking about even though I'd only been licensed for five minutes. I started answering questions for free on the internet. I kept getting questions about this I-601 that the consulates were asking people for. I went to my mentors and asked them about it. My mentors all told me that they had heard of the foreign-filed I-601, but they didn't know how to do it. I did a lot of research on what was written about them and found pretty much nothing. I realized I had found an underserved population and I went with it. Most of what I learned was through trial and error because there was nothing written. And things went from there.

my2122004(Q) Hi Laurel what would IV interview where they have to determine if i need 601 or not would be like?. thanks

Laurel(A) Same as any IV interview because they ALWAYS look for grounds of inadmissibility.

RaysWifey(Q) Hi, my husband has his visa interview tomorrow and we're going to have to reschedule it for the 3rd time as our waiver is not finished and due to unexpected financial problems. Does this affect us? Also, he has an Open Container which was taken care of and we obtained sealed court papers that were sent to NVC......do you know if this can cause problems with his waiver? We also noticed that the entry date on our DS-230 was incorrect, we dont want them to think we lied. Should we just reprint a new one with the corrections and have him take it to his interview?

katherine(A) Rescheduling the appointment should be fine, although remember that you can always attend the appointment, and then come back to hand in the waiver. The "open container" incident could impact the waiver, although it is not a separate ground of inadmissibility. Remember that when adjudicating the waiver, the adjudicator uses a "totality of the circumstances" approach, so everything is relevant. We usually like to show rehabilitation. Regarding the DS230, yes, definitely bring a new DS230, and at the begining of the appointment alert the adjudicator to the error.

rohan81(Q) Is it helpful to submit with the I-601 packet a letter from the US where the alien has been living for the last 10 yrs saying that he has no police record? I imagine they do their own check anyways, but could it help keep the case from being referred (CDJ)? If so, where should it come from - city, county, or state? I am from MN and letters are available from all three, I'm not sure which would be best.

katherine(A) No, we typically do not find it helpful to obtain such a letter.

papuco(Q) I have two questions. I am an LPR subject to being convicted with 2 CMIT- which are within 5 years of being admitted to LPR status- this LPR was based on a grant of assylee status. 1) Do i get deported because of these two CMIT 2) Can my parents who are US citizens and I already have an approved I-130 for me filed by my parents file for me again to get my LPR status through them again- If i had to return to my native country i will have to go trhough Vienna.

Laurel(A) It is possible that they could put you in removal proceedings. If the 2 CIMTs arose out of a single scheme of conduct, you might be ok depeding on what the crimes are. For example, a single firearms offense makes one deportable. So there are some CIMTs where only one conviction can cause deportation. If you are deported for the 2 CIMTs then you would not be eligible for a waiver later on as the CIMTs would've occurred within 7 years of your admittance for permanent residence. I would also look into LPR Cancellation (not to be confused with Cancellation for unlawfully present immigrants, which is different) as you may be eligible for that despite the crimes.

xyz(Q) Hi all, I asked about visa options for a psychiatric patient. As a follow up, can this individual get a visitors visa along with his mother to visit his sister, a USC, in the US? Arguing that , both will return for the son's medical treatment? do they have a shot at this? thanks

Laurel(A) You would have a major hurdle to overcome in regard to immigrant intent. If you can overcome the immigrant intent issue, the consulate might require the family to post a bond of several thousand dollars to allow him to enter, which they would get back when he departs on time.

my2122004(Q) Hi Laurel I applied for NIV few yrs back and at that time consulate only found i am inadmisable under 212(a)(9)(a)(ii) DHS reviwed the file for 4 months to come to that conclusion. but i was requested medicals and found cleared ( psycological evaluation for depression). now that phoenix sent 212 to consulate means they found something new?

Laurel(A) Possibly.

Laurel(P) It is rare that anyone is only inadmissible under 9A. It happens, but not very often. Usually the person is also inadmissible for misrepresentation and/or unlawful presence. The consulate's failure to find misrep or unlawful presence does not bind CIS to make the same finding. CIS can over-rule the consulate and find an additional ground of inadmissibility.

bengis(Q) Here is my situation. I have a 3 year probation on a federal case. No time in prison served. Does probation count as agravated felony or does it have to be time served in prison? Thanks for your great help.

katherine(A) It depends on the specific crime, and often times on the maximum penalty that the law COULD HAVE imposed, but generally probation does not count toward time served, whereas, for example, a suspended sentence might. Of course, whether you pled or were found guilty is going to be relevant to. More information is really needed in your case to make an accurate assessment.

lady_gaga(Q) my father who is us citizen has filed I-130 on my behalf. I am in native country now. When he filed the I-130 i was sigle. Now i got married. Will this(married status) affect the time of the I-130 to get approved?

katherine(A) Yes, I believe that it will likely result in your being downgraded into a lower preference category.

Abel(Q) Hi Laurel, one last question , since USCIS knows my wife address, do we have to be worriedthat ICE will raid our house and take her from our home? Her i485 denied last Feb 3, 2011.

Laurel(A) An I-485 denial is the type of thing that leads to removal proceedings. It is extremely unlikely that they will raid your home so soon after I-485 denial. They would only do that if she was suspected of some terrible crime. She will probably get a notice in the mail called a "Notice to Appear" or "NTA". The NTA commences deportation proceedings. The NTA will tell her when she must appear before an immigration judge. She will probably receive this NTA sometime in the next one to three months, depending on how backlogged they are in your area. Do not miss your removal hearing!! That makes things far worse.

tropical(Q) USC served in the peace corps and married a local man from El Salvador in 2004. They established their lives there but would now like to move to the US. There is no illegal presence, but the consulate denied his visa because the USC does not have proof of US residency/domicile. What can she do? Does she have to move back to the US to establish residency for six months then reapply?

Laurel(A) No. You just need a co-sponsor and possibly a good lawyer.

tropical(Q) Any chance of Parole In Place extending to other than military?

Laurel(A) No. Without question.

rohan81(Q) It is hard to find an attorney who is both knowledgeable in this area and will take the time to talk to clients and even potential clients. Laurel and Katherine, you really make a difference to people who don't know who to turn to....thanks for all you do.

Laurel(A) Thanks.

nevaehp1(Q) husband deported to trinidad 2006 married him 2008 filed i-130 i have marriage inteview in 3 weeks , how long after this will be his interview in trinidad, we will be filing the 1-601 waiver and hardship letter please help as what comes next after my marriage interview here in the u.s he had a drug offence in 1994 in ny didnt actaully coomit a crime but was misrepresented by a court appt attorney that told him to plead guily not realizing the immigration laws

katherine(A) It's hard to say how long between appointments. Likely anywhere from 6 months to a year. If he pled guilty to a drug offense, then he might have a hard time being found eligible for a waiver. No waivers are available for many offenses. The fact that he was "misrepresented" by his attorney likely won't help, as 1) the goverment doesn't like it when applicants blame things on their attorneys, and 2) a guilty plea is a guilty plea, whatever the reason for making it. He would likely need to convince the court (that entered the guity plea) to reopen the proceedings and erase the guilty plea for reasons other than immigration purposes, which can be a challenge.

my2122004(Q) but i was not informed of it either by consulate or cis. i have no unlawful presense as i entered on f1 and applyed for asylum and returned after appeal was denied. i am not sure what inadmisability i could be charged. they want to interogate if i had unauthorised employemnt? so asylee exception wont apply?

Laurel(A) Possibly. I don't know. I'd have to review your case.

papuco(Q) the crimes involve counterfitting and is federal- so i am actually trying hard with my criminal attorney to not have something that would make me deportable.

Laurel(A) I'm going to level with you - this is pretty serious. You need an acquittal.

ashley04(Q) Thank you Laurel, he does not have any criminal past and i dont think he is of any real interest to them. However, recenlty in our area ice has been just snatching people up at local breeakfast places and on a road traveled by many brazilian immigrants in the morning on their way to work. As far as the paper he signed, he said that they asked him to sign it when he got to the jail or 2 or 3 days afterwards. Also he never had a courtdate or was ever in front of a judge... does this still sound like stipulated removal? He says he thinks they told him he couldnt apply for a visa for 5 years but not sure what that was referencing.

Laurel(A) Sounds like a stipulated removal.

momof2(Q) What 'level" do you feel a pulmonary embolism/blood clot in lung, is for 601? I am at a greater chance of recurrence and they are very dangerous, how do you fell about putting in future problems that may arise in the HSL?

katherine(A) It's going to depend on the likelihood of recurrence, and other factors, as explained by your doctor. If you have a history of them, and your doctor thinks they are inevtiable to recur, then it might be very significant. If you had one 30 years ago and your doctor thinks it is unlikely to recur, then it could be a little significant, but probably not very. If you've never had a blood clot, but your father had one and therefore you are at greater risk, then it's probably a pretty poor argument.

DL(Q) hi im from arizona, can i get a driverse license even without social security number? i am illegal alien overstaying the visa.

Laurel(A) It depends on your state. There are 50 states, each with its own rules about driver's licenses. Most will require that you prove lawful presence. A few, such as New Mexico, do not.

Laurel(P) No questions pending.

xyz(Q) As a follow up to the previous question, how much money or property that needs to show for the visitor's visa interview for the mother and the psychiatric son? Both doesn't have anything in their name but its in the sister's name. a USC. How likely will they get a visitors visa?

Laurel(A) To prove nonimmigrant intent you have to show that you have something to return to in your home country, such as a job, a house, a semester of colleget that you've already paid for, etc. Showing that the US citizen sister has plenty of money is not going to help you. In fact it may backfire as it shows additional reason to stay in the US, rather than showing reason to return to your home country.

lady_gaga(Q) But if i dont actually inform USCIS about my change of status/married vs. single wouldnt they just go ahead and schedule me for an interview in my country wherein i might be able to bring my spouse without the preference category being changed?

katherine(A) No, your preference category automatically changed. Although by not telling the government you MIGHT be scheduled for a visa appointment, you will not be eligible for a visa because of the changed preference category. If you try to conceal the marriage, you will likely be found to have committed fraud.

DL(Q) do i need to leave the country to apply for a 601 waiver?

katherine(A) If you are eligible to adjust status, then no, you don't. If you aren't eligible to adjust status, then yes, you probably do.

bobbeck(Q) wife here on a K3 overstayed visa what to do now

Laurel(A) If she is still married to the K3 petitioner, she should just apply to adjust status through her husband. If they are no longer married, she has to depart.

ashley04(Q) If my fiancee does need to return to brazil bc of the stipulated removal, are there any actions we could take now that would help his case move quicker than the 10 years? And about the marriage does it matter where it takes place, here or there?

Laurel(A) Basically, no. There's nothing you could do.

bobbeck(Q) is there a penalty for filing an late adjustment of status

Laurel(A) Not for a K3.

rohan81(Q) When my EWI/ULP husband flies to MX for his IV interview, we were thinking, based on advice from friends etc., that getting him a round trip ticket would be worth the extra money because I have heard that if you have a one-way ticket you are more likely to get questioned coming through security at the airport. What do you think?

Laurel(A) None of our clients have had that problem.

papuco(Q) To Laurel: The counterfitting is for improper sale of counterfitted materials- within the USA- not documents or things of this sort

Laurel(A) I see. So not as bad as counterfitting money. But still much more serious that shoplifting cough syrup from the local pharmacy.

ashley04(Q) Before this chat session ends.. I just wanted to thank you both for all that you do for people in such desperate situations... The world really needs more compassionate people like you!

Laurel(A) Everyone, I promise we did not 'plant' these people to come on the chat and say nice things about us.

bobbeck(Q) wife here on K3 but recieved a i130 denial after arrival inUS

Laurel(A) Well that's important. I think you really need a consultation because I'd want to know more about why the I-130 was denied.

bobbeck(Q) Do I need to file a new I130 now also

Laurel(A) Yes.

Laurel(P) It is noon. The chat has come to an end. Great chat this week, guys. We will see you all next week.

Footnotes

1. Despite popular belief, 9Cl is not triggered by multiple EWIs. 9Cl is triggered when the alien is unlawfully present for more than one year after April 1, 1997, departs and then enters or attempts to enter without inspection. There is not enough information in the question to determine whther the alien is subject to 9Cl as the chat participant did not say how long her son was present after April 1, 1997 before departing and coming back EWI. Presuming that he was unlawfully present for more than a year after that date, departed and came back EWI, then Katherine is correct.