Moderation starts.

Laurel(P) Good morning everyone!

Laurel(P) So far the new Provisional Waiver process is going well. We don't have any receipt notices yet, but they have started emailing receipt numbers. We've filed most of the cases where we were waiting for the program to start. There's just a few more where we are waiting on forms from the client or some other minor item. It feels good to finally get these filed.

Laurel(P) Also, something interesting ... all of the sudden A LOT of our cases have been updated in the government's database and we suddenly started getting decsions we'd been waiting on for months. Don't know what happened over at USCIS, but they seem to have finished up a bunch of cases all at once.

Laurel(P) I want to make an announcement about some goings-on at the office. We are currently scheduled to commence hosting Webinars the first week of April. We are working with a Webinar company to get that set up and they have declared that Monday next week it should be ready to go. I've provided some information about these webinars on my website. I will quote the information here.

Laurel(P) Scott and Associates will begin hosting live Webinars approximately 40 Tuesdays per year, normally two in a day, split into four ten-week quarters. The first one of the day will take place at 9:30 am Central Time, will last one hour and will be part of a 10-week course following a curriculum. There will be a fee to join the class; one can purchase a single class by itself or the entire ten-week course. The second one will start at 11:00 am Central Time and may vary from one to two hours. There will be more variation in the second session of the day. Sometimes the second session will be a free Webinar for the public. Sometimes the second session will be a CLE (continuing legal education) class for attorneys, subject to approval by the State Bar. Sometimes the second session will be a bonus Webinar available only to those who purchased the entire 10-week course. As always, Scott and Associates does not recommend attempting a waiver case pro se (pro se = without an attorney). The course will be designed to provide information to those who are in fact represented. Three of the four ten-week courses will be the following topics: (1) Inadmissibility and Bars to Adjustment, (2) Arguments and Evidence for an Extreme Hardship Waiver Case, and (3) Forms, Vital Records and Procedures for Cases Involving an Immigrant Waiver Application. The courses will not necessarily be in that order. The fourth of the ten-week courses will actually be two shorter courses taking place in the ten-week period: (4a) Mistakes, Delays, Denials and Expedites, and (4b) Aggravating Factors in an Extreme Hardship Waiver Case. The price for an individual class is $25. The price for a 10-week course is $175. The price to purchase all four 10-week courses is $600, though this final option will not be available for several months. Some of the free second-session Webinar topics will include: (1) Basic Concepts of Immigration Law, (2) Currently Available Options for Legalization, (3) DACA, and (4) A Guide to the Agencies Involved in Immigration. Additional topics will be posted after the Webinars Commence. Those wishing to participate in the live Webinars must register in advance. Registration is expected to open up on March 25. Presuming registration commences on schedule, there will be one free Webinar on Tuesday March 26. Webinars will be recorded and can be accessed for the same fees as described above.

Laurel(P) I think waiver applicants of all income levels will get some important information from these Webinars. I do not recommend trying to do a waiver without an attorney and that will be stated in every Webinar.

Laurel(P) On to the questions

Laurel(P) I will go back and forth with some of the live questions and some of the pre-submitted questions. Here is one of the pre-submitted ones: From Fortal: Hello Laurel, Since I left while in removal proceedings and the Consul gave me the green light to file both waivers (I-212 ordered deportation at the missed hearing and I-601 for a previous overstay). I sent the waivers in December to the lockbox; and about two weeks ago you recommended me to fight on the case of the 6bBan comes out. I found this AAO Decision: http://www.uscis.gov/err/H2%20-%20Wa...10_01H2212.pdf (I’m not asking you to read all that) I found this part interesting: Because the applicant's absence from the United States would likely be deemed sufficient to excuse her failure to appear, the AAO declines to find the applicant inadmissible pursuant to section 212(a)(6)(b) of the Act. I just want to share this and ask you: In the case of I have some "disgusting surprise" or if they RFE can I change my attorney? Could you get my case at this stage?

Laurel(P) Answer: FYI – AAO decisions are persuasive, but not controlling. In other words, it is useful to cite to this case: the adjudicator is not required by law to follow the same logic, but probably will. Yes, I can take the case at virtually any stage, but the fee may not be all that different compared to if I was brought in at the beginning.

ana(Q) hello! I am preparing my own waiver and did not hire an attorney. As far as im concerned the long space provided in the 1601a application is for the attorney brief. That is where i could put see attatchement and add my waiver packet right?

Laurel(A) Let me start by saying that I do not recommend doing a waiver case without an attorney. This is one of the most important things in your life. It's worth doing it right. While about 95% of the process can be done well by a pro se applicant who reads directions carefully, it's that other 5% where the attorneys earn their fees. Ok, to answer your question: yes, I think so. I am seeking clarification from USCIS that the attorney's brief can be the applicant statement as long as we write "see brief" on that space on the form. If you don't have an attorney, then it would be a statement of some sort, separate from the qualifying relative statement.

IMinCA(Q) Morning Laurel, I hope all is well

Laurel(A) HI

IMinCA(Q) I'm posting the questions from Immigrate2US

Laurel(A) Ok, then I guess I'll ignore the rest of the pre-submitted questions?

kapsulik(Q) I had an expedited removal sec. 235(b)(1) under 212 (a)7(A)(i)(I) in 2012, no misrep, for unauthorized employment. Then got married at an USC . The I-130 was approved. Is there anything I can say/do at consular interview to avoid being charged with misrep.?

Laurel(A) Probably not. I mean. I don't know. There could be something unique about your particular circumstances that warrants an explanation. I would have to review the case. But usually the facts are the facts and the consular officer will make a decision based on them. I see consulates charging misrep frequently with this set of facts as you describe them above.

IMinCA(Q) from fiore: Hi Laurel. If only name and photo were taken during the time of detention while being a minor, Do you recommend filing a FOIA request even though fingerprints were not taken? What are the chances that they will find her detention record? The reason I ask this is because many certified representatives have advised my wife not to do the FOIA because fingerprints were not taken and most likely they won't find her detention record. Thank You!

Laurel(A) Yes, I would do a FOIA. They don't use prints to do a FOIA. That's an FBI fingerprint check. They use names and alien numbers for the FOIA.

IMinCA(Q) from fiore: my wife was detained being a minor and she was not fingerprinted. She was with her mom when they got detained and her mom did get fingerprinted. Would they be able to pull her mother's detention record and find my wife's detention as well? If a child is detained with a parent at the border. Do you know if they file the child detention under his/her parent's detention record or by itself? Thanks.

Laurel(A) Oh, yea, then you can list the mother on the FOIA application. Much more likely to get results that way. This would be a CBP FOIA since it happened at the border.

IMinCA(Q) from fiore: hello laurel. Here we go again. On last week's chat log I asked you about question #29 on form i601A, and you responded (laurel: For situations like the one you describe, I would provide a narrative). My wife was detained when she attempted to cross the border through the desert on 2002 while being a minor (13yrs old). She was photographed, but no fingerprints taken. She already filed a FOIA request w/ cbp, but haven't received any info yet. We are thinking to answer "no" to question 29, and still provide a narrative. Would you answer "Yes" or "No" to question #29? Thank you.

Laurel(A) I would answer 'yes' with explanation. For last week's response I think I was talking about a traffic-related arrest, e.g. for no license or nonpayment of traffic tickets. The form specifically says you should leave out traffic stuff, which is why I said to answer 'no', but still provide an explanation. Conversely for what you're describing above, the form specifically says to include immigration-related arrests. So, best to answer 'yes', but provide an explanation.

IMinCA(Q) FromJigga: Hi Laurel, Goodday I wanted to find out if my friends dad I 601 package included the fact he will go blind (they gave Drs evidence) although he is not the uSC with this hardship, do U think its worth mentioning even though hardships R only for USC, would it at least shows he needs to be with family, otherwise he's not sick and will not become a liability to the state, he also has 18 yrs of SS paid when he lived in US prior, So is it worth mentioning his atty says the USA does not care one iota what hardship or illness he might be having in his country with no family around to help him in the end.

Laurel(A) If there's something severe I might be inclined to include it as part of the totality of the circumstances, but as always, what to include and not include is ultimately dependent on all the facts of the case. If I had lots of other strong arguments, I might be more inclined to leave out information about non-qualifying relatives. It all depends.

IMinCA(Q) From Caloiero hi Laurel, I wrote to you not long ago about an invalid marriage we are going to file a motion to re-open and also file a new I-130 which we asked to expedite under my circumstances... what are my chances of them re-opening? I also sponsored my step daughter(14yrs) under the same marriage why did she receive a green card even though they are saying our marriage was not valid. whose mistake was this? below is more of a understanding of what happening with our case sent to rio from my lawyer "When the I-130 was originally filed, we did submit what the client and our office thought to be the divorce certificate. This document, which turned out to be a submission to the court, is dated September 12,2009, days before our client’s marriage. The petition was approved and no one realized that the divorce date was incorrect, until the consulate interview. Massachusetts law, where the parties are married, provides that a marriage that would be invalid due to an impediment (Such as a divorce that had not become final) will become valid once the impediment is removed. In that case the marriage is valid from the date of its celebration. No additional legal process is necessary. See Mass Gen. Law c.207 § 6. In this case, I went to court to get a judicial order just to emphasize that the marriage was valid at its celebration. Because the marriage is valid as of September 15, 2009. A copy of the order is enclosed. The documents underlying the I-130 are equally valid. Therefore, please reinstate the I-130 and return it to the consulate so that Juberto may be interviewed" Consulate response...... The decision that you will need to file a new petition was taken based on both State department and USCIS regulations (Federal law, in which the immigration requirements are based) According to these rules your marriage was not valid and, therefore, the petition was not valid also. You will have to file again, once we can`t revalidate or reaffirm something that wasn`t valid (petition or marriage).

Laurel(A) Once the consulate bounces the I-130 back to USCIS for readjudication, it loses jurisdiction. So you would be taking the issue up with USCIS, rather than the consulate. When an I-130 is bounced back from the consulate to USCIS, it enters a black hole, where it is difficult to get action. Whatever you believe you should be able to do with the prior I-130 under the law, as a practical matter the fastest way to resolve the problem is to file a new I-130. And if you're going to do that, I think it is also in your best interest to remarry just so you don't have any more issues.

IMinCA(Q) A friend is a LPR. He received his status via asylum. During his college years, he innocently signed up to vote, perhaps due to languange barrier or pressure from the volunteers - who knows, but now he's trying to apply for citizenship and is having issues. I'm unclear of the issues. But my question is will this fall under false claim to citizenship with no waiver available? Or is this something he can rectify? If so, how? He spoke to an atty who told him to wait till 2015 when his LPR card expires. Do you think it's a wise choice to wait?

Laurel(A) Illegal voting makes him deportable/removable under INA 237(a)(6). There is no intent requirement. It is a strict liability offense. The attorney might be recommending he wait the ten years so he can do Cancellation of Removal as a backup if his naturalization is denied.

ana(Q) my brother was going to leave the country on voluntary departure he didnt then was removed by ICE. He was originally detained after being arrested with some of his friends after a police officer found marijuana in the car. He was charged with a misdemeanor the amount of marijuana was very small. He is married to a us citizen and they both live in mexico right now. What is the probabiltiy of him being able to return to the US? and how many waivers would he need? How long do you estimate the whole process would take?

Laurel(A) Probably three: criminal inadmissibility, unlawful presence, and removal. Believe it or not overstaying Voluntary Departure is a bigger negative factor than the criminal history. It is that which will really lower his chances of approval. He might have a 50-50 chance, but I'd have to do a consult and ask a bunch of questions. The whole process usually takes about 12-18 months from I-130 filing to visa issuance, though some cases are faster and some are slower.

glorytes(Q) Hi Laurel, my sister in law is a permanent resident and got a DUI and was charged with count 01 - 23152(a) and count 02 -23152(b) in 02/09, she paid all her fees and not in probation anymore can she still aplly to become a USC?

Laurel(A) I'd have to review the statutes in her state. Normally DUI is not considered a CIMT, but it can be when combined with other factors, depending on the laws of the state. But usually a single DUI does not prevent naturalization even if it happened within the past five years as long as probation is complete and any fines paid, etc.

Rene(Q) Good morning. I petioned for my mom in 2010 and it was approved. Then we proceeded with consular processing and my mom left in June of 2010 to Cd Juarez. On Nov 2012 she was given a 10 year bar for more than 1 yr unlawful presence in US. She was given a document that states she need to file waiver. My dad is an LPR. I know we need an attorney for that, but what do we need to do for now? Is the waiver filed in the US? Does USCIS inform consulate of waiver approval/denial? How long do we have to file waiver? The letter also says she needs to go online and submit documents (marriage license) on mexico.usvisa-info.com. Thank you.

Laurel(A) Why was it two years between the date of her departure and the finding by the consulate? The waiver application would be sent to the Pheonix Lockbox, which would then forward it to Nebraska for adjudication. After approval USCIS sends the approval notice to the consulate so that it can issue the visa. If the consulate is asking for more documents, it might actually not have finished up its part and you can't file the waiver application until the consulate has completed certain steps. I'd need to look at the notice.

Meng(Q) Hi, Laurel. I came in US at age 17 with F-1 visa. I was adopted at age 15 by my aunt who is a USC. When applying for F-1 visa, the agent who helped me with the visa filled out my biological parents' name on the visa application form. Last year, my adoptive mother filed I-130-485 for me. At the adjustment interview, CIS claimed me fraud for not disclosing my adoptive parent's info on the F-1 visa application. Under the help of an attorney, we responded to NOID claiming there is no fraud involved (I was under 17, the agent helped me, miscommunication during I-485 interview, etc) and as an alternative, filed I-601 waiver. Now both the waiver and I-485 are denied. My attorney advised me to appeal and even move to circuit court to fight for fraud finding. I am hesitate due to the long waiting time and cost. I am thinking about admitting to fraud finding and focus on the I-601 waiver issue. My questions are: 1. generally speaking, is refile a better option than appeal? 2. if I refile, do I file I-485 concurrently with I-601 waiver?

Laurel(A) I'm hesitant to recommend admitting or not admitting to the fraud without thoroughly reviewing the case. As for whether to appeal or re-file, it depends on whether the local USCIS office would issue an EAD if you do an MTR on the I-485 while the I-601 appeal is pending. Some do and some dont'. I've had mixed success with that one as there does not seem to be a consistent policy on whether the I-485 remains pending while the I-601 is on appeal. The AAO says it does. Some local offices agree and some don't. These are all tough judgement calls and quite often in a situation like this even when I have all the information in front of me, I have a tough time deciding which course of action is best.

CAC(Q) I would like to obtain a NIV waiver. I have a conviction for allien smugling while helping a friend cross the Texas border. I can show strong ties to my country. The purpose of the family trip is to vists my brother and go to Disneyland

Laurel(A) NIV waivers are tough to get with a visitor visa. They are a little easier to get for an H1B or a few other types of nonimmigrant visas. I'm not saying it's impossible, but I don't want to give you false hope.

marta(Q) Hi. Could a child lose his permanent resident for been living out of USA.

Laurel(A) Sure.

jose(Q) Hello. Ms Laurel. Are you still available?

Laurel(A) Are you asking for a date?

kapsulik(Q) Does the interview influence on the decision of the consular officer or is it made before the interview based just on the facts of the case?

Laurel(A) Well, they have their policies, but the consular officer makes the final decision. Consular interviews are quick and you won't have much time to make an impression. Absent compelling circumstances, the consular officer is unlikely to deviate from general policies.

IMinCA(Q) Sorry Laurel, follow up. He never voted. He just registered to vote

Laurel(A) Hmm. Ok. Might still be deportable/removable for false claim of citizenship under INA 237(a)(3)(D).

Chavez(Q) hi i hope you are doing well. I know i don't qualify for the provisional waiver because i have multiple entries and stayed for more than a year every time. However i do have a I-130 approved and it's been 10 years since my last EWI. I heard about the 10 year law will this benefit my self on any way?

Laurel(A) No. The ten years have to be spent outside the US in order for someone who is 9C inadmissibile to qualify to apply for a waiver.

IMinCA(Q) Hahahah Wow Laurel! You're a nut ::laugh

Laurel(A) Yep

jose(Q) Hahah. Sorry I thought the chat room was empty. Hello Ms Laurel. I just receive my denial from the BIA appeal based on marriage fraud from my first marriage. I am married to US citizen now with two kids. Do you know if some type of waiver exist to overcome that fraud?

Laurel(A) No. You either have to prove that the prior marriage was real or you have to immigrate in some way other than a family-based petition (I-130) or employment-based petition (I-140). You would have to win the DV lottery, get asylum, or immigrate in some other way. And then you could apply for a waiver for the fraud. But with sham marriages, not only is it misrep under INA 212(a)(6)(C)(i), it's also a bar to getting an I-130 or I-140 approved and there's no waiver for that bar to petition approval.

marta(Q) Do I need to make an apoinment to get an american passport. And what documents a resident permanent child under 18 , son of an usc needs to present

Laurel(A) You can either go for the passport with the State Department, in which case you would make an appointment at a US Post Office that does passport interviews, or you could file an N-600 to get a Certificate of Citizenship. The documents required will depend on the facts of the case. It is not the same for every applicant.

Meng(Q) Thanks very much for your answer Laurel. if I refile, do I file I-485 concurrently with I-601 waiver? Or do I file I-485 first and then wait for RFE to do I-601 waiver? Or do I file I-601 waiver first and upon its approval file the I-485?

Laurel(A) Options one or two, but not three.

ana(Q) To give you more details about my brothers overstay of voluntary departure, he didnt attend his court because his attorney had gave him the wrong date. After that he hired a different attorney to try and reopen his case. This attorney was no help she was more like a scam she kept asking for money and never did any work really. A local attorney here advised him to turn himself in after ice officials went looking for him at my parents house.

Laurel(A) Sorry, but that scenario doesn't make sense. You can't get Voluntary Departure if you fail to attend a Removal Hearing.

Rene(Q) Thank you. We had an attorney for petition part but then decided not to go back to him bc he was very rude to us even though we paid everything timely. He has a lot of clients. We then had a "notary" help with second part (big mistake). It's bc my mom and dad are only common law married for 20 plus years and the letter from consulate says she needs to provide marriage certificate. the officer told her she doesn't qualify for waiver but will once she submits that license. How much time do we have to send it before they close the case?

Laurel(A) Common law marriage is not recognized in every state. In states where it is recognized, such as Texas, usually you can register your common law marriage, providing a date of marriage many years in the past. As I said before, I would have to review the case, but you can probably just submit the registration of common law marriage to USCIS with the waiver application instead of sending it to the consulate first.

ana(Q) his voluntary depatrure was granted after we paid an immigration bond to ice. He was realeased with a vountary departure but still had to attend a court before the date of his voluntary departure

Laurel(A) Nope. It doesn't work that way. I'd have to review the documents to see what happened, but what you describe above is not possible. I think you're probably just confusing some terminology.

Laurel(P) Ok, it is noon. I will see you all next week.