ilwmoderator (Jul 10, 2007 3:41:27 PM)
welcome everyone.
ilwmoderator (Jul 10, 2007 3:41:34 PM)
today's chat will kick off in 15 minutes.

ilwmoderator (Jul 10, 2007 3:41:44 PM)
now is the time to send in your immigration Q.

ilwmoderator (Jul 10, 2007 3:42:16 PM)
It's important to send in your Q now so that you can keep your place in the Question line.

ilwmoderator (Jul 10, 2007 3:42:35 PM)
Questions are broadcast in the order that they appear in line.

ilwmoderator (Jul 10, 2007 3:42:55 PM)
Attorney Alice Yardum-Hunter will answer each Q, one at a time.

ilwmoderator (Jul 10, 2007 3:43:14 PM)
After the Q is completed, we will proceed to the next Q.

ilwmoderator (Jul 10, 2007 3:44:10 PM)
Please note that if you log off, however, your Q will be deleted. This is done by the chat software.

ilwmoderator (Jul 10, 2007 3:44:29 PM)
If this happens to you, please resend your Q to the question queue. t

ilwmoderator (Jul 10, 2007 3:44:32 PM)
thanks.

ilwmoderator (Jul 10, 2007 3:45:26 PM)
if there is time remaining, we will accept follow-up Qs.

ilwmoderator (Jul 10, 2007 3:46:21 PM)
if you have already sent your Q to the queue, all you need to do is wait until we begin our chat....in 10 minutes.

ilwmoderator (Jul 10, 2007 3:46:54 PM)
congrats to Faith for being the first Q on line.

ilwmoderator (Jul 10, 2007 3:50:39 PM)
we will be starting in 5 minutes.

ilwmoderator (Jul 10, 2007 3:50:53 PM)
please send in your Q if you haven't already done so.

ilwmoderator (Jul 10, 2007 3:51:06 PM)
it's important to send in your Q as this holds your place in line.

ilwmoderator (Jul 10, 2007 3:54:04 PM)
welcome everyone to today's chat.

ilwmoderator (Jul 10, 2007 3:54:15 PM)
I'm pleased to welcome back Attorney Alice Yardum-Hunter.

ilwmoderator (Jul 10, 2007 3:54:37 PM)
Alice Yardum practices immigration law in Encino, CA, handling immigration cases nationwide.

ilwmoderator (Jul 10, 2007 3:54:59 PM)
for more information, www.yardum-hunter.com

ilwmoderator (Jul 10, 2007 3:55:05 PM)
http://www.yardum-hunter.com

ilwmoderator (Jul 10, 2007 3:55:16 PM)
and with that, welcome Alice. Thanks for being with us today.

ilwspeaker (Jul 10, 2007 3:55:32 PM)
You're very welcome. It's always a please to chat here at ilw.com.

ilwmoderator (Jul 10, 2007 3:55:47 PM)
Let's begin with our first Q of the day.

faith (Jul 10, 2007 3:55:49 PM)
I recently filed papers to adjust status. I am married to a U.S citzen. My I-94 hasn't been replaced yet because they needed more proof (form of ID, which I mailed out). Do you think it was a mistake to file to adjust status, should i have waited until they replaced my I-94 first? What if they can't find My I-94 what's my next option?(i came here legally)

ilwmoderator (Jul 10, 2007 3:58:01 PM)
welcome to those just joining us.

ilwmoderator (Jul 10, 2007 3:58:07 PM)
please send in your Q to the question Queue.

ilwspeaker (Jul 10, 2007 3:58:15 PM)
No, filing the I-102 with the adjustment application was the right thing to do. If they don't have a record, then you'll have to come up with secondary proof, which is a much tougher case. Recently, the government has put out a memorandum regarding Requests for Evidence. In the past they'd allow people to file cases and then supply additional proof later on. They'll still do that, but less often. I think in a case they'd still allow that.

faith (Jul 10, 2007 3:58:24 PM)
Can an illegal immigrant purchase a home?

ilwspeaker (Jul 10, 2007 3:59:07 PM)
That depends on the mortgage company rules. I would check with a mortgage broker for that. It's not my realm. I know that they've gotten much stricter lately.

bokontoosh (Jul 10, 2007 3:59:14 PM)
Hi, I just have a quick question. I am a married son of US citizen, and live in Iran. I've sent the last package including birth certificate, marriage certificate, DS-230 forms, etc. to NVC 2 weeks ago. I want to know Normally how long does it take between the time that the last package is sent to the NVC and the time that a candidate is interviewed at the US consulate in Ankara-Turkey?

ilwspeaker (Jul 10, 2007 4:01:43 PM)
I'm not sure about that since procedures often change. Assuming visas availability is current, it could be just a couple of months, but that varies too.

footballer (Jul 10, 2007 4:01:52 PM)
This is a great service. I understand that upon obtaining the green card, CONSERVATIVELY one needs to work for an employer about 6 months before changing jobs to avoid any immigration fraud concerns. Is an employer similarly obliged to keep an employee on for at least six months? Or can they lay them off at anytime?

ilwmoderator (Jul 10, 2007 4:03:14 PM)
this is chat with Attorney Alice Yardum-Hunter.

ilwmoderator (Jul 10, 2007 4:03:24 PM)
http://www.yardum-hunter.com

ilwmoderator (Jul 10, 2007 4:03:34 PM)
info@yardum-hunter.com

ilwmoderator (Jul 10, 2007 4:03:42 PM)
818-609-1953.

ilwspeaker (Jul 10, 2007 4:04:56 PM)
That's a very good question, but logically, if the alien will work for the employer for 6 months then the employer obviously intends that as well. There is an exception for I-485s pending for at least 6 months when the I-140 is approved (before or after switching employers). Switching employers before the I-140 is approved is risky because if it is not, then the person would be out of status and have to apply all over again for the green card and overcome the obstacle of explaining what happened to skeptical immigration officers in the future.

Cdidan (Jul 10, 2007 4:05:04 PM)
I entred usa by K1 visa and after 1 year of marriage in usa i did decide to visit my dad before he pastedway while i was in my home country my wife ask for divorce so now am in europ i still have Sicial security Number and my american ID + Driver liecense the question is There any way that i can get every thing stright up and get back to usa ?

ilwmoderator (Jul 10, 2007 4:05:57 PM)
to those just joining in, please send in your Q. it will remain in the queue until it is your turn. thanks.

ilwspeaker (Jul 10, 2007 4:06:22 PM)
It depends how far you got in the immigration process. If your conditional green card was not approved, I'm sorry to tell you that you have to find another way to return. You may or may not have a lot of options.

Oshell (Jul 10, 2007 4:06:32 PM)
my husband is here illegally from honduras and i need to know is there anything we can do to start the legal process? one lawyer on here said he would have to go back to his country and apply for a waiver to be here since he has been here longer than a year. is there anything else that we can do? he doesn't want to go home because he is scared he want be able to come back here. and we have a 5 month old daughter together that needs him here with her. he came here without inspection or papers. what is your best advice? thanks

ilwspeaker (Jul 10, 2007 4:08:09 PM)
If he entered the US illegally, then the other lawyer is correct. If he entered legally, it's not necessary for your husband to leave if you're a U.S. citizen and he could file right away for the green card. If you hold a green card, even if he entered legally, he's have to return to Honduras to process with a waiver of inadmissibility.

circle (Jul 10, 2007 4:08:20 PM)
If you are a green card holder since 1970 and you have traveled extensively in and out of the country-short trips-vacation, etc. I cant remember all the dates-some i can get from my old passport. Should i write them all down even if you are not sure of the dates and can i put questionmark if i am not sure of the travel time. This is for my citizenship

ilwmoderator (Jul 10, 2007 4:10:39 PM)
You are chatting with Attorney Alice Yardum-Hunter.

ilwmoderator (Jul 10, 2007 4:10:46 PM)
http://www.yardum-hunter.com

ilwspeaker (Jul 10, 2007 4:11:27 PM)
I would make clear that you're providing approximate information.

florida (Jul 10, 2007 4:11:38 PM)
I start my process in 2004 at Labor Department, I get this week the certification, can I file for my I -140?

ilwmoderator (Jul 10, 2007 4:13:58 PM)
40 minutes remaining....

ilwspeaker (Jul 10, 2007 4:14:15 PM)
Absolutely, and you should file the I-485 before 7/30 to be part of a class action law suit as a result of revised Visa Bulletin of the State Dept. in which all applicants were acceptable and as soon as cases could be filed, the government changed its mind. The CIS and DOS have behaved in an unprecedented way to adversely affect the ability of aliens to adjust status and secure immigrant visas. It's made national news and is historical. Get your applications and petitions in by July 30!

Dan E. (Jul 10, 2007 4:15:02 PM)
Hello. I am a LPR since March 1999 and on June 22, 2007, I submitted on-line a notice of change of address . I am getting ready to submitt form N-400. can I send in the N-400 now, or do I need to wait 3 months (from the day I submitted the change of address)?

ilwspeaker (Jul 10, 2007 4:15:28 PM)
Also, filing fees go up dramatically on August 1, so anyone in the immigration, even apart from I-140 processing should file before 8/1 as well. It's very busy in the immigration world today.

Dan E. (Jul 10, 2007 4:16:20 PM)
right, but can i send in before Aug. 1st to avoid the higher fees? thank you

ilwspeaker (Jul 10, 2007 4:17:20 PM)
You can file now.

ilwspeaker (Jul 10, 2007 4:17:42 PM)
Dan E., as to your addendum, absolutely yes.

lawgirl (Jul 10, 2007 4:17:58 PM)
Good afternoon Ms. Yardum. I just passed the NY bar and am interested in persuing a career in immigration law in NY. I do not know anyone in the field and was hoping you could tell me what a 1st year associate working for a small NY immigration firm can expect as a salary. Also, could you please direct me to specific sites that advertise classifieds for perspective 1st year associates. Thank you

ilwmoderator (Jul 10, 2007 4:18:38 PM)
You are chatting with Attorney Alice Yardum-Hunter, http://www.yardum-hunter.com

ilwspeaker (Jul 10, 2007 4:19:54 PM)
I have no idea. If you are serious about immigration law, you should join the American Immigraiton Lawyers Assn., Also, the NYC local bar assn. may have an immigration section. Once you contact these two groups, they'll be able to lead you to others. The organizations may require you to be a member to get info...I'm not sure about that.

chris (Jul 10, 2007 4:20:02 PM)
Hello, My name is chris my brothers filled out the i130 application last july and just got approved about 1 month ago we where wondering what is the next step from here, he is married with his girlfriend of 4 yrs and they both live in the united states

ilwmoderator (Jul 10, 2007 4:21:11 PM)
For those just joining us, please send in your Q now since this will allow you to ask Alice your immigration Q.

ilwspeaker (Jul 10, 2007 4:22:53 PM)
Hold onto your seat. That case could take a dozen years or more, depending on where you're from and if the law changes, you might lose the opportunity for a green card. Since it takes so long, I view it often as the retirement green card because it takes so long, by the time an adult sibling gets here, he could have already retired! I recommend people seek alternate means to immigrate and file through a sibling only if there's really no other choice. Mind you, such petitions can create problems for those who seek nonimmigrant visas after such immigrant petition is filed.

ilwspeaker (Jul 10, 2007 4:23:56 PM)
Sorry...my pupply interrupted my train of thought. Chris, if you don't understand, email me and I'll write my response again there.

ilwmoderator (Jul 10, 2007 4:24:11 PM)
Chris, To discuss your specific case further with Attorney Alice, please call her at 818-609-1953.

bluepearl (Jul 10, 2007 4:24:16 PM)
can an illegal immigrant who has been here 5 years with a usc child and usc wife legalize his status? Is there a way to obtain a waiver and get a green card?

ilwmoderator (Jul 10, 2007 4:25:25 PM)
Send in your Q now to keep your place in line.

ilwmoderator (Jul 10, 2007 4:27:07 PM)
You are chatting with Attorney Alice Yardum-Hunter, http://www.yardum-hunter.com

ilwspeaker (Jul 10, 2007 4:27:35 PM)
If you entered the US legally, there's no problem to file in the U.S. and no waiver to file. If you entered illegally and don't qualify for a pretty rare type of status such as asylum, TPS, legalization from the old days, etc., then you must depart the U.S. and get an immigrant visa before you can take up permanent residence. The required departure triggers unlawful presence which can only be overcome with approval of a discretionary waiver. Beware, not all are approved and the longer you're together, the more hardship to US spouse and US parents, and the better the quality attorney, the more likely you will be approved. Don't do this without counsel. These cases are very nuanced and if you don't get it right, you could be in big immigration trouble and unable to fix it.

ilwspeaker (Jul 10, 2007 4:27:39 PM)
next please

Guest (Jul 10, 2007 4:27:43 PM)
i just got married to a german woman and she is in the states now we did not plan on getting married we decided to do it after she was here for about a month.what do i have to do to get her a visa. And also her son is still in germany can she still go back and get him if we have not done any paperwork?

torrence (Jul 10, 2007 4:27:49 PM)
i'm German and i visit my bf in the states on his home coming and after a few weeks we dicieded to marry, but the problem is i've a son in Germany and we didnt start to do the AOS paperstuff yet. I come here with the I-94 for 90 days. Can i bring my son here before we starting the visa paperstuff? or do we need a lawyer?

ilwspeaker (Jul 10, 2007 4:28:35 PM)
This is a little too complicated for here. You need a lawyer. Call me if you want.

circle (Jul 10, 2007 4:28:47 PM)
My sister is applying for citizenship but at age 17 my mom recieved her citizenship and my dad got his a few months later-by this time she was 18. My parents were married. Can she use the n600 application or the n400.to apply for citizenship

ilwmoderator (Jul 10, 2007 4:29:20 PM)
Torrence, to speak with Alice, she can be reached at 818-609-1953. good luck!

ilwmoderator (Jul 10, 2007 4:30:08 PM)
Bluepearl, if you wish to discuss further, please feel free to contact Alice at 818-609-1953. best of luck!

ilwmoderator (Jul 10, 2007 4:31:53 PM)
Folks, you are chatting with Alice Yardum-Hunter, Esq.

ilwmoderator (Jul 10, 2007 4:31:59 PM)
http://www.yardum-hunter.com

ilwspeaker (Jul 10, 2007 4:34:26 PM)
Circle, I'd need more information to tell you, but if you check the instructions to the N-600 form here http://www.uscis.gov/files/form/N-600.pdf, there will be sufficient questions there for you to answer and know if you qualify. If you have trouble with that call me.

ilwmoderator (Jul 10, 2007 4:34:55 PM)
Circle - if you wish to contact Alice, she can be reached at 818-609-1953.

lorna (Jul 10, 2007 4:35:22 PM)
how do I verify that my i551 is valid

ilwmoderator (Jul 10, 2007 4:36:08 PM)
If you have a Q for Attorney Alice, please send it in now.

ilwspeaker (Jul 10, 2007 4:37:01 PM)
I don't understand this question. If you got it legally, it's valid unless you've been gone for a long time. Or if the card is expired, you need to renew it, but you don't have to requalify. There's no phone number you can just call for that, although the general 800 number, which is extremely hard to navigate might help. If you have any of your file or know your case, you can also just call a lawyer and they should know.

bman (Jul 10, 2007 4:37:13 PM)
i applied for ead more than 3 months yet no response what do i do next

ilwspeaker (Jul 10, 2007 4:37:58 PM)
Depends on local procedures where you live.

bman (Jul 10, 2007 4:38:55 PM)
i applied for ead based on niw adjustment of status to texas service center

ilwspeaker (Jul 10, 2007 4:39:28 PM)
You can contact a local immigration clinic which should have that information handy, or of course a lawyer. You could also make an Infopass appointment to just find out information. With a lawyer, it's much easier to get some action where an expedite procedure is available.

kiki (Jul 10, 2007 4:39:37 PM)
How likely is it that debate on immigration reform will be revived?

ilwspeaker (Jul 10, 2007 4:40:37 PM)
b'man...depending on the local office, not just the service center...Dallas is different from Houston, etc. I could refer you to local counsel in these towns who would know.

ilwspeaker (Jul 10, 2007 4:41:36 PM)
Kiki, I'm glad you've asked. I haven't discussed this as widely as I've liked to because it may not be politically correct, however, since the issue is so important, I'm taking every opportunity to do so. Here I go...

ilwmoderator (Jul 10, 2007 4:41:39 PM)
Bman, to discuss further with Alice, email her at infor@yardum-hunter. good luck!

ilwspeaker (Jul 10, 2007 4:43:17 PM)
I have held the opinion for the past several years the both extremes in the immigration debate are not dealing in reality. The restrictionists want 11 million people removed and a pristine wall built around the U.S. This is their pipe dream. At the other extreme are immigration advocates who want legal status for every alien (with rare exception). This is also a pipe dream...

ilwspeaker (Jul 10, 2007 4:45:23 PM)
I believe the immigration advocates hold the key. If they can back away from wanting everything: legalization for all, low filing fees, increasing immigrant numbers for all visa groups, etc., and allow the creation of a system that would legalize to permanent residence the undocumented, but would limit their ability in some way, so as to distinguish them from those who have gone through the system legally (the way it's been up to now is that legal and illegal immigrants who become legal get the very same status and rights).

ilwspeaker (Jul 10, 2007 4:46:01 PM)
Then we could start talking turkey to the conservatives.

ilwspeaker (Jul 10, 2007 4:47:23 PM)
What I mean is something like this: the undocumented become permanent residence but cannot qualify for U.S. citizenship or give up the right to petition for certain family members or perhaps pay a higher rate in taxes, something that punishes the illegal aspect of their behavior but allows them to live a free life on a day to day basis.

ilwspeaker (Jul 10, 2007 4:48:48 PM)
If such a distinction exists, this information will funnel through to home countries where those who would become illegal to become legal get the message that they don't get the whole shesbang and undocumented flow would also slow down. Until something along these lines happens, I don't think we will see comprehensive immigration reform in the long term.

ilwspeaker (Jul 10, 2007 4:49:24 PM)
Sorry, in the short term. Long term is speculative, but that will be harder over time in an increasing terroristic world.

gk (Jul 10, 2007 4:49:32 PM)
For LAbor Substitution does the location also matter? My Company has an approved LAbor for our Atlanta office but I work out of Colorado. Can I use the LC?

ilwspeaker (Jul 10, 2007 4:50:25 PM)
No. The only thing that's substituted is the alien. You have to file the I-140 by 7/16/07 to take advantage of substitution which DOL is eliminating on that day.

Sai (Jul 10, 2007 4:50:34 PM)
my PD was current in June'07. My employer from State of PA and my current location is CA.my attorney filed MY i1485 to VSC center, does it rejected because it was filed to wrong serviceing center..

ilwmoderator (Jul 10, 2007 4:53:12 PM)
this will be the last Q for today.

ilwspeaker (Jul 10, 2007 4:53:48 PM)
Sai, It depends on how the case was drafted. If place of employment includes a local address in the Western Region then it should have been filed there and you should be living there. Otherwise, VSC is OK for the I-485. Filing instructions are changing on 8/1.

ilwmoderator (Jul 10, 2007 4:54:01 PM)
For further consultation, Alice can be reached at 818-609-1953, info@yardum-hunter.com, http://www.yardum-hunter.com

ilwmoderator (Jul 10, 2007 4:54:16 PM)
Thanks again Alice for chatting with us today.

ilwspeaker (Jul 10, 2007 4:54:38 PM)
As always, it's a pleasure. Chat with you next month.

ilwmoderator (Jul 10, 2007 4:54:40 PM)
Until next time, this is goodbye from ILW.COM.