Idea Transcript
Chat Transcript October 24, 2013 Moderation starts. Laurel(P) Good morning! Thank you for coming to this special session of the chat. I had scheduling conflicts two weeks in a row. I had cancelled last week's chat due to the conflict, but I hate to cancel two weeks in a row, so yesterday's chat was rescheduled for today. Laurel(P) I don't anticipate any scheduling problems the next two weeks, but I am going on a family vacation with my kids from Nov 9 to Nov 16, so there will be no chat that week. Laurel(P) I was able to watch part of the President's short speech this morning regarding immigration reform. He wants to push to get CIR passed now. I think he's a bit optimistic, but if he's decided to push for it, then .... we'll see. The Senate bill that passed earlier this year is a good bill. Laurel(P) I have heard some analysts say that the Republican Party has so weakened itself with the shutdown and the rifts within the party have become so severe because of the shutdown, that moderate Republicans are now more likely to split with the party line and vote the way they want to on immigration reform. I don't know. It is certainly a different political climate now than it was four months ago. Laurel(P) I did get some pre-submitted questions. But as always, live questions get priority. There are some waiting now so let's get started on the questions. bahiavista(Q) Thank you for your time. I entered EWI in 1993 from Mexico as a child. I have been married three times and divorced twice (I know, I was young and crazy). My previous husband filed an I130 for me and I485. I ended up not showing up at my scheduled interview because I realized that I did not qualify for adjudication in this country (this was in 2006). I was also affaid of being deported at the interview. My case was later denied because I did not attend the interview. My question is, am I barred from ever getting legal status due to the fact that I did not attend the interview with my previous husband? Can my new husband (LPR) still apply for me?
Laurel(A) You're not barred from forever getting legal status, but you need to find out whether an NTA (notice to appear) was issued for you when the I-485 was denied. For most applications, a denial will not automatically lead to removal proceedings (an NTA marks the commencement of removal proceedings), but there are two that generally will: a denial asylum application and a denied I-485. If you were issued an NTA and did not appear in court, you would have been ordered removed in your absence, even if you did not receive the NTA unless you can prove that you kept the government informed of your address. If you have an in absentia order for removal, then you won't be eligible for the Provisional Waiver program and you won't be eligible to apply for a Standard Waiver (I-601) for five years from the date of next departure. You need to do a FOIA request. Ron(Q) Hi Laurel, can you please clear some of the cofusion that has been going around I130? USCIS website states that "They are transfering applications to Nebraska, Texas and California Service centers as we speak. If you can give us more insight into this topic along with Overland Park, KS's Division 8 operational status, would be very helpful.
Laurel(A) It means they are no longer sending newly filed cases to the local USCIS offices for stand-alone I-130s. There is some confusion about whether the new I-130 adjudication unit in Overland Park is open at the National Benefits Center or not. I had heard that cases were being sent to the Service Centers, but I had presumed the person announcing that was in error since the new I-130 adjudication unit at NBC is supposed to be up and running. So in the end ... I don't know what's going on with the Service Centers and NBC, but at least the cases are not being sent to the local offices anymore, which was a disaster. Processing times for I-130s are shrinking rapidly and you should expect to see that backlog cleared out by Christmas. M.L.Gonzalez(Q) I am a U.S. Citizen married my husband 2006 and petitioned for him. He EWI 3/2003 but was able to get a work visa for 4 years. In 2009 we went to our interview for Adjustment of Status and he was denied in 2/2010 for EWI. A couple months later he received a letter that his EAD had been terminated and he was being placed in removal proceeding. He has been here 9 ½ years. Never had a problem with the law and is of good moral conduct. Would he be eligible for I-601A waiver as well. Please help.
Laurel(A) I'm not sure what you mean when you say that an EWI was able to get a "work visa" for four years. One cannot obtain employment-based nonimmigrant or immigrant status from within the US after having entered without inspection. I expect you mean he was able to get an Employment Authorization Document (EAD), which is NOT a "work visa" [sorry for being picky about terminology, but the legal difference is critical], based on a pending I-485 that you filed in conjunction with an I-130, i.e. an adjustment of status packet based on marriage to a US citizen. Unfortunately, if he entered without inspection, he would not be eligible to adjust status and the I-485 would ultimately be denied. The EAD that was issued was an interim benefit based on the pending I-485. So, when the I-485 is denied, the EAD is revoked. There are exceptions for people who are eligible for "245i", but if you're husband has only been here 9 and a half years, then I know 245i does not apply to him. You say he has been placed in removal proceedings. That will make a Provisional Waiver difficult as you would first have to get the removal proceedings administratively closed before you can file the I-601A. Getting a removal case administratively closed is possible, but it is not fast, easy or cheap. You need to speak to a local attorney who can attend the removal hearing with you and request administrative closure. bahiavista(Q) ok. I have never received this notice and I have been at the same address for years. Is there a number I can call to see if I'm in deportation with my alien number? I have a letter that says that my case was closed from the USCIS. But nothing else.
Laurel(A) Yes, you can call the EOIR case status line, which is different from the USCIS customer service number. I don't have the EOIR number handy, but you can look it up online. TriniLove(Q) Good Morning Laurel!! And thank you from the bottom of my anxiety filled heart for having this chat. I had submitted 2 questions to Immigrate2US as I was not sure if I could get this computer to work. Should I re-submit it here?
Laurel(A) It's better if you re-submit. "Live" questions get priority over pre-submitted ones. If I run out of time, the pre-sumitted ones won't be answered. nrod(Q) Have any of your i601a's that were denied and reopened been decided on? how do you think the approval rate is now for the i601a. An attorney posted on i2us.net something about cases that are possibly denials based on "reason to believe" now being looked at more closely or set aside. Is that true?
Laurel(A) I have two that were reopened and are pending, but we don't have new decisions on them yet. I am recommending to attorneys that they NOT go the MTR route and instead re-file. The government is working on a new "Reason to Believe" standard that has not yet been published. TriniLove(Q) My husband called his consulate yesterday in Trinidad to get one of the questions answered. They told him not to pursue me taking a leave by him having EDD papers signed by a psychiatrist. They told him not to do anything that could hurt his application. So we will likely not pursue that. Instead if I must I will use vacation time to be with him. But with 7.5 months of waiting for this I-601 I'm really starting to wonder. My husband has a pending DUI in the state of Arizona from 9 years ago. He was deported after it due to an over stayed visitor's visa (10 Yr Bar) and was not able to do the alcohol related courses. The penalty is all paid off. He has been out of the country since March 2005. What are the chances this much anticipated waiver with a pending DUI will be approved? He has a warrant that we can pay the bond to quash the warrant, however he would need to be here in 30 days for a court date if we pay it or they will have a warrant hearing and the money could go to the city of Mesa and new warrant posted. I submitted evidence from the court/judge in AZ to USCIS of what is required and that they will not accept AA or the like in his country while we wait. I even spoke to the DA he had then to see if it would be worth hiring a criminal lawyer to settle it first, he said no, husband has to appear as he already pled. The longer this waiver takes the more I panic.
Laurel(A) I don't understand the second sentence. The consulate should not be giving legal advice. The consulate does not decide waiver cases. That is USCIS' job. Do not presume the consulate's advice on a waiver case is good advice. Consular officers know about as much about immigrant waiver adjudication as they do about health insurance. Sure they deal with it and know something about it, but it's not their area of expertise. It will be very difficult for him to get a waiver approved if he has charges pending in the US. He is in a Catch-22: he cannot come in until he resolves the open charges and he cannot resolve the open charges until he comes in. So, how is it resolved? Quite often it is not. You need to have a criminal attorney and an immigration attorney working together on this. tapioca(Q) Wondering when the most recent chat transripts will be online, including this one? Unfortunately, I missed the first 20 mins of your chat.
Laurel(A) I'll post prior chats after this. There was no chat last week and I think there's only one before that waiting to be posted. The transcripts for chats appear in my inbox the day after the chat, so I can't post this one today. Ron(Q) Thank you for the response. Also - is there anyway we can get more clarity on Division 8's Operational status? Are you going to attend bi-yearly AILA meeting in the end of October that can shed some light on it?
Laurel(A) Usually when there's news in the world of waivers it finds its way to me. I am not flying out to Missouri or Kansas any time soon, no. Laurel(P) There are only so many business trips I can take. I have clients and a family. tapioca(Q) Hello! I have an infopass appt scheduled to find out where the heck my I-130 is and get an update, etc. i'm going to the Atlanta office. we are at 7 months+ time. can you recommend any strategies? questions to ask? things NOT to say? what to remember to bring? should i tell them i have also put in an inquiry with my senator's office or not? does it matter? thank you kindly
Laurel(A) Unless your case is actually at that local office, you are unlikely to learn more about your case at an InfoPass appointment than you can learn by looking up the online cases status. Quite often the customer service rep is looking at the same online case status that you would see if you looked it up yourself. If the file is actually at that local office, then he/she might be able to give you more info. If your I-130 has only been pending for seven months then it is not currently outside normal processing time and that is what you will be told. TriniLove(Q) Makes sense. With the many different answers about how much longer this is supposed to take, my husband and I are both understandably depressed and anxious. And so that I could take a 6 week leave from work, he was going to have a psychiatrist complete paperwork about his anxiety/depression in order for me to take the leave and go to Trinidad to be with him. Would that hurt our case?
Laurel(A) Ah, you want a psychatrist to say THE APPLICANT is severely depressed? Yes, that will hurt your case. It is an additional ground of inadmissibility if the alien is a danger to himself or others or if he is likely to be able to become a public charge. TriniLove(Q) When he met with his consulate with the court documents he had, the consulate did not seem concerned about the warrant due to us being able to pay the bond to quash it before he comes. Hmmm, you don't think they would add a condition that we have to pay the warrant before they issue a visa? I was afraid of that :-( Is it a good thing that he hasn't been denied after 7.5 months of waiting? Or maybe they haven't even gotten to him. Should he re-try contacting the judge in AZ now that the penalty is paid off to see if she would work with us now and ask if we paid the warrant could she given him an extended court day, more than 30 days to give him time to get here? He tried once before the penalty was paid and she decliined it.
Laurel(A) This is a good example of how the consular officers are not experts in waivers. Because he needs a waiver for other reasons, the outstanding warrant is a problem on the discretionary aspect of the decision for the waiver. As for the timeline, all of my cases filed at the beginning of March are still pending. Posted processing times are incorrect. Current processing times for standard waivers are AT LEAST 7.5 months. I don't have any quick answers for how to solve the problem with the open warrant. chelsea(Q) Hi laurel i filed i601a and gave a false DOB only. Im still waiting on a decision .Is it true that those cases are on hold and if so do you have an idea for long ? Thanks
Laurel(A) You gave a false date of birth on your I-601A form? Why would you do that? Expect denial. nrod(Q) My girl friend's husband was just busted for DUI, jailed and immigration came to pick him up. Immigration let him go and said he will have to show up to immigration court. She has submitted a petition for him several months ago and was hoping to do i601a. Did he screw up his chances for i601a or does he still have a chance?
Laurel(A) Yes, that screws up his case. Even if the DUI is dismissed, it's still an alcohol-related arrest in the past two years, which is likely to lead to medical inadmissibility at the consulate for having an alcohol problem. He would need to show at least two years of remission (two years without an alcohol-related arrest) in order for that not to be a problem. You need to use stall tactics for the removal proceedings. Lots of continuances. chelsea(Q) I mean i gave a false DOB at the port of entry. sorry!
Laurel(A) You might get a Reason to Believe denial. If you do, then just wait for the new policy to be published and then re-file. Laurel(P) Let's take a few pre-submitted questions. Laurel(P) Question: From dysodia: I filed an I-130 in mid September to the Chicago office (I am petitioning for my husband, and we live outside the US). I saw on one of your chats in September that the filing times were much longer now, and I am just curious to know if that pertains to I-130s filed outside of the country. Any idea of what kind of wait we could expect? Thanks for all the good deeds you do, Laurel. Laurel(P) Answer: It's hard to say because I-130s are currently in a state of major flux and variation with only the longest processing times posted. My best guess is three to six months. But ... I don't know. Laurel(P) Question: From Morazan2009: Hi, Laurel. I filed an I-130 for my husband and we live here in the U.S. We received the hardcopy receipt around October 7th. I noticed the receipt came from the Overland Park office although we have the MSC letters at the beginning. Can you tell me if you know any new news on this office? I have heard they haven't even started yet or at least no one has received anything beyond the receipt from them. Thank you in advance!!! Laurel(P) Answer: Well, this is the best proof yet that the new adjudication unit is open! MSC = Missouri Service Center, which is the old name of the National Benefits Center. Cases going to the National Benefits Center will still start with the letters MSC even though the name of the place changed. The Overland Park office is part of the National Benefits Center, which is why it starts with the letters MSC. Laurel(P) Question: From Manglo: Hello Laurel, I was told by our congress woman that my husband is under "Extended internal security review". I am not sure what this really means. He entered the USA only one time in 2001 using his cousins name. (His cousin has never been to the US). My husband was deported in 2008. Has no criminal record. He has a misrep ban and illegal presence ban. Do you have any insight on what extended internal security review could mean? The congresswoman was unsure and so was my lawyer. She said it could be code for "we just haven't gotten to the waiver yet, or it could be because of the way he entered. But in reality she said she was not really familiar with that label. My husbands waiver was filed in January 2013? Have you heard of this before? Thank you. Laurel(P) Answer: Could be a false hit. That's when he has the same name as someone they're looking for. Laurel(P) Question: FromCandela: Is normal that NVC or US embassy ask for the petitioner marriage certificate for the visa interview. (USC second marriage, first for husband). Husband interview is next week. Thanks, Laurel(P) Answer: Yes. Laurel(P) Ok, that's all the pre-submitted questions. tapioca(Q) Is it safe for a DACA recipient to travel within the U.S.? I know that there are certain places with checkpoints where people are questioned about their status and even detained. Are DACA recipients still subject to being placed into deportation proceedings (when no crime is committed)?
Laurel(A) DACA recepients have some protection from removal proceedings. That's what DACA is all about. It's not absolute protection. If you go rob a bank, DACA status will be revoked and you'll be put in removal proceedings. But getting stopped at an internal checkpoint isn't a problem if you have your documentation. TriniLove(Q) Thank you Laurel for you time!! I really is appreciated beyond words. Gave my husband the information. He tells me to relax and that I stress myself out by doing so much thinking about this. I really have learned a lot going through this process! Even contemplated going back to school to get my J.D. :-) Have a good day and vacation with children next month.
Laurel(A) Best of luck tapioca(Q) You posted a few days ago on FB about I-130s. If my petition was filed back in March (starts with MSC), does that mean it could possibly be at my local office now? Are they really sending out the approvals they can by the end of this month? What happends if my petition is still at NBC?
Laurel(A) Your case is probably at a local office. Probably the office local to the petitioner, but not necessarily. It would start with MSC because it was originally processed through that office, even if it was later transferred to a local office. You would not have received a transfer notice for the local office. Cases are getting cleared out at the local offices. Florida expects to have their backlog cleared out at the local offices by the end of this month. I don't know about other states. But I do expect the cases will be cleared out soon. Ron(Q) Laurel, we all really appreciate everything you do for us. We are very anxious to see first approval from Overland Park. This new division is still a mystery for everyone ::cool
Laurel(A) Well, ok. Overland Park isn't that special, but ok. esperando(Q) thank you for the info,and your time, laurel!!
Laurel(A) No problem. Laurel(P) There are no more questions. Let me make a few remarks before signing off for the week. Laurel(P) As many of you know, we are downsizing at my office. Most clients hiring my firm wanted me to personally handle the case. After several years of using associate attorneys to handle a large case load, I decided I should try to give clients what they really want. This means reducing case load, staff and overhead in so that I can have fewer cases. This enables me to give each client much more of my individual attention. Downsizing does not happen in an instant. It is a process that takes about two years. We are now six months into the process and are making good progress. Will keep you all posted. Laurel(P) One more question and then I'll sign off. bahiavista(Q) Is the mailing address at the online profile on the ELIS website where a green card will be sent? I can't remember the address I gave at my interview!
Laurel(A) The Elis system for the permanent resident card is new and the kinks haven't been worked out. If the address on Elis is different from the one on the DS-230/DS-260, I can't say for sure where the green card will go. Laurel(P) Ok. That's all for this week. I will see you all next week!