Moderation starts.

Laurel(P) It's 11:00. Let's get started.

Laurel(P) One of the Moderators for Immigrate2us.net sent me some questions in a Word Document. I will be copying and pasting some on those during this chat.

Laurel(P) But first, a few updates. Last Wednesday USCIS submitted the final rule for Provisional Waivers to the Office of Management and Budget (OMB) at the White House for publication in the federal register. While I am not an expert in the procedures for creating new regulations, I believe this is the last step before the rule becomes official and cannot be withdrawn without a procedure for withdrawal similar to the lengthy procedure for creation of the new rule. It is when the rule is actually published in the Federal Register that it becomes official.

Laurel(P) As far as I can tell from my research and talking to other attorneys, the rule can appear in the Federal Regstier any day. The OMB will look at it one last time, but really the OMB's function is to make sure there's money in the budget for programs and that the White House knows what's going on with its agencies. OMB already participated in the discussion of the program after the draft rule was submitted to it in June. This final review is just that: one final look. Other attorneys and I are looking at the Federal Register every morning to see whether it's published. It could be published tomorrow. It is also possible that it could be a few weeks. We don't know for sure. It is expected that when it is published, there will be a stakeholders meeting either same day or within a few days.

Laurel(P) But the word "imminent" is an appropriate description of how soon the program will start.

Laurel(P) Let's start on some of the questions.

hopeful(Q) Good morning Laurel, I want to share my experience with you since I think I'm one of the first ones to use the Yerrabelly case to obtain a legal entry for AOS. I filed my AOS based on Quilantan and received my work permit along with advance parole. I traveled to Mexico before my interview and came back with the advance parole. I had my interview last week and the officer mentioned that the Yerabelly case was going to help out a lot of people. She checked our file and explained I was going to get a 10 year green card since I have been married for almost 3 years she also informed me that I could apply for naturalization in 3 years after I get my green card. She gave me the interview results sheet and said she needed to check the file furhter but that everything looked good and we will hear from them within 30 days. Later that day I recevied an email with the approval for the I 130 but nothing for the I 485. What are your thought on the further review? Thank you for your help!

Laurel(A) Thanks for this. I think the timing of your case is extraordinarily fortuitous. I consider this a loophole and I fully expect USCIS to close this loophole by the end of the year. A loophole is a section of law used for a purpose other than how it was intended. I think that's what this is. I do not think Congress intended for Advance Parole to be used to bypass INA 245(a). USCIS has said that they are working on a policy memo for this and it will be out shortly. I am expecting the policy memo to severely limit when Arrabally/Yerrebelly (sp?) applies. I've discussed this with other attorneys. It seems I'm a little more pessimistic than most of my colleagues on this issue. So we shall see. But I am certainly not having any of my clients try this at the moment. I want to see what the policy memo says.

chatty(Q) Any updates from yestersday's conference?

Laurel(A) Yesterday's stakeholders meeting was about Lockbox Waivers. There really wasn't much new information. They were giving updates on how the program is going and saying how they are going to handle the increase in volume when the government stops accepting I-601s directly in CDJ on Dec 4, but it wasn't that exciting. I may be trying to make this stakeholders meeting more interesting that it was, but I'm wondering if they did it now instead of just before Dec 4 because they know Provisional Waivers are coming out before then and they wanted to get this stakeholder meeting out of the way.

mk(Q) Laurel, I am one of your clients. Our waiver was received at the NSC on August 7th and I just found out this morning that we have been approved!!! I am so thankful for all you do and how hard you work for your clients. So thank you...a thousand times thank you! I know it is essentially up to us after the approval, but do you have any idea how long it takes to get the visa after the approval (rough estimate)? Thank you again Laurel!

Laurel(A) Congrats! It could take 30 to 90 days to actually get the visa approved but I know at this time of year they try to finish up the cases both so they can start the new year fresh and also so they can get people home for Christmas. So hopefully we'll see some quick action on the part of the government.

Wendell(Q) Laurel, this is an observation rather than a question. Some rules have been pending with the OMB since May 2010. Currently, the "status" for 158 regulations are "pending review" -- provisional unlawful presence waivers falls into this category on the website. This info can be found at reginfo.gov. I hope that the provisional waivers regulation doesn't fall into this "pending review" status for too long.

Laurel(A) Yea, I saw that, too. I think that's not the norm and something is up with those other proposed regulations. I theorize that some programs get 'stuck' for financial reasons - it may be a great idea, but if the money isn't there, it isn't there. USCIS is a self-funded agency, so that's not an issue for USCIS. Also, this program has very publicly been promised by the end of the year, so while other programs may be 'shelved' at this stage, Provisional Waivers won't be.

abcdnicole7(Q) Lockbox received my husband I-601 on October 3rd and on the 24th we requested an expedite for medical reason through the customer service center with USCIS. My local senator inquired about it and last week the official who has my husband's waiver packet on their desk. Said that he is ready to make a decision on his case but they are waiting for another immigration office to send my husband's complete immigration file so they can review it. I am assuming since he had a catch and release at the border in 2002 and a VD when he left in September 2012. Have you heard of them doing this? Evevn though the consulate in CJ has said he only needs to submit the I-212?

Laurel(A) Making the expedite request for an I-601 through the customer service line is probably the least effective way to make that request that I can think of. If the case is on the immigration officer's desk now - Nov 14 - and you filed Oct 3, it's just going through the normal timeline. It is not that unusual for the adjudicator to request the alien file in a waiver case. It doesn't happen every time, but it's pretty frequent when there is some other immigration history that they want to look at.

claudia(Q) Good morning. I have a green card. I have been 8 months out of USA because my son is finishing his studies in Mexico, he is 16 years old , I recived the greencard this year . My cuestion is, do you think I can have problems returning to USA after this 8 months? .

Laurel(A) My usual recommendation for permanent residents is that they not be out of the country either for more than six months in one stretch or for more than six months total in any twelve month period. You should be 'ok' this time, but I don't recommend you try it again. You have broken continuous presence for purposes of citizenship and will be starting the five year period over again when you return, but a single eight month departure, with no other departures, should not cause them to accuse you of abandoning permanent residence.

Laurel(P) From Imm2us:

Laurel(P) From purplepenguins: Question for Laurel: We have our approved I-130 and want to do the provisional waiver. The only bar to waive is unlawful presence. I know that no one knows how the provisional waiver will be implemented, but have you heard anything about eligibility for people midway in the NVC phase? I thought about sending some items but not everything, to keep the case open. Another consideration is my husband's police/court records. We spent about $100 for the records, the DHL shipping, and gas/small token of appreciation for a family member to get them, and they're only valid for about 3 more months (6 months total). I want to get them to the NVC, instead of sitting on them only to have them expire, and have to waste more money.

Laurel(P) We will see what the final rule says when it is published in the Federal Register, but it is expected that people can participate in the Provisional Waiver program as long as the consular interview has not been scheduled. So if you are in the middle of NVC processing and haven't completed it, it is expected that you will be ok. Please note that NVC will not "hold" cases at the NVC after processing has been complete, so we don't recommend completing NVC processing for people wishing to do the Provisional Waiver program. In regard to the other issue about documents expiring: it is the police certificate and not court/police records that expire. But even if you are talking about the police certificate, realize that it has to be valid and current at the time of the consular interview, which won't happen in the next three months even if Provisional Waivers start tomorrow. Sending them to the NVC doesn't freeze their expiration.

Laurel(P) From lissymama917: My husband accepted VD and must leave by 2/13/13 to return to El Salvador. His only inadmissiblity is the 10 year unlawful presence ban. If the new Provisional Waiver should go into effect before he leaves, can we file everything all at once? Our I-130 is approved since 5/2012. Could we file DS-3032, I-864, DS-230 and I-601A as soon as this is implemented, and just make sure he still obides with his VD order? He could possibly get his interview and have his I-601A waiver approved already? Thanks for your time!!

Laurel(P) I like this question. It is not clear whether someone with a VD order will be allowed to participate in the Provisional Waiver program, but it is possible and we will know when the final rule comes out. If he overstays VD then it is turned into a removal order and then he certainly cannot participate in the program. The program requires that he have fingerprints taken in the US after the I-601A is filed, so that would have to happen before he departs on VD. You will have a very tight timeline and I'm not sure if it will play out ok even if he's technically allowed to try it. I don't know. Maybe.

Laurel(P) Let's get back to some of the live questions and then I'll try to return to the Imm2us questions.

hopeful(Q) What are the chances of my I 485 to be approved? Do you think the officer is waiting on the memo to be out before she approves my application?

Laurel(A) Maybe.

candicecharlene3(Q) Me and my husband want to apply for the 601-A when it comes to pass. But my lawyer wants to try AOS by Matter of Quilantan. I heard the burden of proof was extremly high. My husband does not have any witness, he only came with his brother. What are our chances for AOS verus the 601-A. My lawyer said that USCIS Los Angeles is becoming very LIBERAL in accepting this argument

Laurel(A) Quilantan is similar to Areguillin. I have won an Areguillin case, but our evidence was unsually strong. I've never tried it at the LA office, but I don't recall any attorneys anywhere implying that an Areguillin case is easy anywhere. Your attorney is more familiar with the facts of your case than I am. It's a judgement call. I will say that you can't file a Provisional Waiver application while an I-485 is pending, so this is an either-or at least in terms of trying to do them at the same time. Having a denied I-485 won't necessarily make you unable to subsequently apply for a Provisional Waiver if you lose, but there is a danger of removal proceedings following denied I-485, which would make you ineligible for the Provisional Waiver program while proceedings are going on. You have to consider all this and also consider the cost: the legal fees for Provisional Waivers are several times the legal fees are an Areguillin adjustment. Cost is a factor in the decision.

prov(Q) my husband found out he has a daughter in his home country long after we filed his I-130 (which has been approved). we want to sponsor the child - she is 5 - for a visa. do we have to do anything to update his I-130, or can we just do an I-130 for the girl? We are worried he'll get in trouble for lying although he didn't know about her at the time.

Laurel(A) Failing to list a child from the current relationship on the I-130 is usually not a problem and you just 'fix' it at the NVC or consulate. Failing to list a child from a diferent relationship on the I-130 could be an issue both in terms of the consular officer possibly bouncing the I-130 back for readjudication and/or difficulty getting an I-130 approved for the child. It's a judgement call for the attorney whether to fix this at the NVC and/or consulate or go back and file a new I-130. I think if the alien is still present in the US, I'd lean toward re-filing the I-130. You really can't "amend" the petition after it's approved. When you "fix it" at the NVC or consulate, you're putting the correct information on the application and noting that there is a non-material error on the petition, but you're not actually amending the petition.

Laurel(P) The real danger in failing to list a child from a different relationship is not so much them thinking he was lying to them, although there is that. The real danger is them thinking you completed the I-130 and didn't know about his children, which suggests it's not a real marriage.

JOSE_G.(Q) Hi my question is if i got here in may 2007 and i only have proof of when i signed up for school in august 2007 will i still qualify for the DACA program?

Laurel(A) You're going to need evidence going back to at least June 2007.

abcdnicole7(Q) ok thank you. Do you know even a rough estimate how long it takes for them to review it or even receive the complete alien file?

Laurel(A) People often ask me about timelines. It's hard to say because even when there is a "norm" there are a lot of cases that fall outside the norm. It will probably be three to eight weeks from now, depending on when the file was ordered, but I've seen it take MUCH longer.

vergara14(Q) Any news on the provisional waiver? Also, if you have been approved for deferred action will it be easier to get approved for provisional waiver since one will have social security number already and the EAD?

Laurel(A) Having a social security number or EAD - in itself - will have no impact on the waiver case. But if you want to argue that your US citizen spouse relies on your income, it does strengthen the case if you are working lawfully, as opposed to unlawfully. Also, if you have relief available to you where you can be working legally and driving legally, then if you do not take advantage of that potential relief, it looks really bad on your Provisional Waiver application because it looks like you are only willing to comply with the law when it is convenient for you. If you plan to apply for a Provisional Waiver and you are DACA eligible, you really have to make a DACA application.

Laurel(P) Let's take a few Imm2us questions.

Laurel(P) from gingergomez: 2009: Husband skips immigration court and is later deported 2012: has visa interview. Showed consular officer why he missed court date. Court sent NTA with incorrect dates. Consular officer allowed him to file a waiver. Present: waiver is approved and waiting for follow up instructions Can the visa still be denied for missing a court hearing? Heres the deal hubby got served a nta 2009 it had wrong a#, 2 days before court we received a paper saying motion to change a# in the eoir and a new court date was issued for a year later well ice picked him up 6 months later before his court date. And now we are approved

Laurel(P) The consulate can still give you a hard time, but there is a reasonable cause exception to 6B and if the NTA had the wrong hearing date, that very clearly falls within reasonable cause. While I can't say there's no chance of a problem - never say never in immigration - I think you're going to be ok. There's lots of other things for you to worry about.

Laurel(P) From paradise7n: Hi Laurel, so glad you are still here doing the chat! Thank you. Our case is a lifetime ban for gang affiliation (covered up gang tattoos + misdemeanors on record). I am in contact with a member of the forum with the same ban, who is working with you to refile their case in light of the recent changes / lockbox filing, etc. My questions are these: 1) What bearing does the 10 year ban for a single EWI have on our chances of refiling and fighting this decision? My husband has been out of the US for 4+ years since being deemed permanently inadmissible. 2) Is now a good time to do a consult with you and try to initiate proceedings or are we better off monitoring the outcome of the other person's case to see if we should move forward? Thanks so much.

Laurel(P) To clarify, there is no bar for entering without inspection. The bar is for unlawful presence of more than a year. As for whether to do a consultation - well sure you can make an appointment and talk about your case. You are correct that due to Lockbox Filing changes we can finally bring these issues before USCIS. There is a value in waiting to see what happens with other cases. If it's a flat out 'no', then waiting to see what happens with other people could save you a lot of money. But really I think they are going to handle the gang issue on a case-by-case basis looking at facts and working with the consulates individually to try to get the finding overturned. Depending on the facts, the consulates may cooperate for some and not for others. If this is how it plays out for the gang issue, which is what I expect, then by waiting to see what happens with others, you'll have wasted another six months to a year, which is not only agonizing family separation, it is a lot of lost potential income for the alien. How much money can he make in the US in a period of six months to a year? This is not an easy decision and there are lots of pros and cons. We can discuss in a consult.

Laurel(P) Ok, one or two more 'live' questions.

mk(Q) We already have a trip planned to Cancun for mid-December. If my husband does receive his visa by then is he able to come home with us (i.e. does it matter from what spot he is traveling in Mexico, since he lives near Mexico City)? Or would he need to leave from Mexico City to Chicago (for example). Thank you!

Laurel(A) He can enter at any point of inspection to the US. It does not have to be "the bridge".

candicecharlene3(Q) I am just going to try the 601-A. She has never tried an Areguillin ( I know lawyers only work in certain areas), so I am extremly nervous. I will play it 'safe' and prepare and wait for 601-A. By the way, I have read every memo that you written on 601 waviers. I wish now that I should have went to law school. You are very good at your profession. Thank You.

Laurel(A) That's very nice of you to say.

vergara14(Q) What documents should I be getting ready for the provisional waiver? I have been approved for I-130, but haven't gone any further and I have kept my case active. I also just got approved for deferred action and have my bachelor degree in biology and have no criminal record.

Laurel(A) The list of documents for a waiver is truly unique to every case. There is no boiler plate list. Telling what documents the client needs to get for the waiver is the most valuable thing I do on the case other than the consultation.

Laurel(P) It is now noon. There are both "live" questions pending and questions from the Immigrate2us list. Next week is the day before Thanksgiving and I think one or both of my kids has off. But with so much going on right now in the world of waivers, I will hold the chat next week regardless of whether I'm home with the kids.