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Chat transcript for chat with Jennifer Oltarsh, Esq. 8/21/07

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  • Chat transcript for chat with Jennifer Oltarsh, Esq. 8/21/07

    ilwmoderator (Aug 21, 2007 3:36:02 PM)
    Welcome to ILW.COM chat. Please submit your questions. They will be answered in the order received.
    ilwmoderator (Aug 21, 2007 3:38:29 PM)
    Welcome to ILW.COM chat. Please submit your questions. They will be answered in the order received.

    ilwmoderator (Aug 21, 2007 3:38:44 PM)
    Chat will begin at 5pm ET

    ilwmoderator (Aug 21, 2007 3:43:30 PM)
    Today's chat attorney is Jennifer Oltarsh, Esq. To find out more about her practice, please visit her website at http://www.oltarsh.com/

    ilwmoderator (Aug 21, 2007 3:44:26 PM)
    Welcome to ILW.COM chat. Please submit your questions. They will be answered in the order received. Chat begins at 5pm ET.

    ilwmoderator (Aug 21, 2007 3:47:02 PM)
    Welcome to ILW.COM chat. Please submit your questions. They will be answered in the order received. Chat begins at 5pm ET.

    ilwmoderator (Aug 21, 2007 3:52:44 PM)
    Today's chat attorney is Jennifer Oltarsh, Esq. To find out more about her practice, please visit her website at http://www.oltarsh.com/

    ilwmoderator (Aug 21, 2007 3:53:02 PM)
    We will begin shortly.

    ilwmoderator (Aug 21, 2007 3:53:58 PM)
    Welcome Ms. Jennifer Oltarsh, Esq. Shall we begin the chat?

    ILWSpeaker (Aug 21, 2007 3:55:11 PM)
    Yes- How is everyone.

    ilwmoderator (Aug 21, 2007 3:55:25 PM)
    Here is the first question.

    Guest (Aug 21, 2007 3:55:28 PM)
    Hi ..my mother did a petition for my as a married son for u.s citizen in 2001.and the pairtiy date is feb 2001. and the visa bulletin is JAN 2000.. can i apply for 245 form now till i get my visa date ready? and can i apply here for the green card me and my wife?

    Carl (Aug 21, 2007 3:55:33 PM)
    A friend of mine overstayed his Visa about 2 years and then he got married to a USC without a problem. He got his Green Card now. Is it normally possible to marry on an expired Visa?

    ILWSpeaker (Aug 21, 2007 3:56:15 PM)
    If you marry a United States citizen as long as you entered legally illegal stay and work are forgiven.

    ILWSpeaker (Aug 21, 2007 3:56:22 PM)
    carl- that is only marriage to a USC.

    ILWSpeaker (Aug 21, 2007 3:56:42 PM)
    Any follow up? or lets move to the next question.

    debbi (Aug 21, 2007 3:56:54 PM)
    I am wanting to marry my fiance who is undocumented from Mexico -- what would be the steps to take to legalize him in the US?

    ILWSpeaker (Aug 21, 2007 3:57:09 PM)
    Debbi - where is your fiance?

    ILWSpeaker (Aug 21, 2007 3:57:14 PM)
    Is he in the US or Mexico?

    ILWSpeaker (Aug 21, 2007 3:57:26 PM)
    How did he enter the US?

    ilwmoderator (Aug 21, 2007 3:57:57 PM)
    Shall we go to the next question, while we wait for debbi's answers?

    ILWSpeaker (Aug 21, 2007 3:58:07 PM)
    If he entered the US illegally he cannot file for adjustment in this country unless a labor certification or prior relative petition was filed for him or his parents when he was under 21.

    ILWSpeaker (Aug 21, 2007 3:58:11 PM)
    Sure.

    F1_student_duke (Aug 21, 2007 3:58:18 PM)
    Hi Ms Jennifer Oltarsh! My situation: Went to the US on an F-1 visa in sep,2003. Had 2 perfectly normal semesters.Fell out of status during 3rd semester, in oct,2004. Got arrested for being out of status in december2004, and then released in 3 weeks.At hearing in april,2005, judge granted voluntary departure within 120 days(no bonds were required). I came back to my country;Now got accepted as a transfer at duke univ. Does the 3 year bar apply to me?Can i go to the US now?

    ILWSpeaker (Aug 21, 2007 3:59:28 PM)
    You have to count the days. There is an exception to the bar for people who leave from deportation proceedings on voluntary departure I believe from the 6th month to just before the year.

    ILWSpeaker (Aug 21, 2007 3:59:39 PM)
    If this applies to you you may just be able to come right back in.

    ILWSpeaker (Aug 21, 2007 4:00:38 PM)
    I hope it does. the Consulate may not know the law so count and look for the law yourself.

    ILWSpeaker (Aug 21, 2007 4:00:41 PM)
    next.

    Guest (Aug 21, 2007 4:00:45 PM)
    My F1 OPT expires in January. What options am I looking at in terms of staying in the country since I would like to apply for the H1 next year.

    k (Aug 21, 2007 4:00:53 PM)
    Could you please tell me what is the future of quick immigration of nurses and other medical professionals from India . I believe Schedule A for a quick green card is out , Is H1 an alternate route at all ? Is anything being done to reinstate Schedule A or any special category for nurses ?

    ILWSpeaker (Aug 21, 2007 4:01:28 PM)
    I cannot tell you what the visa bulletins will look like because I do not even believe that the Department of State knows themsleves.

    ILWSpeaker (Aug 21, 2007 4:01:47 PM)
    They were recently innundated by applications - receiving over 300,000 in the last month alone.

    ILWSpeaker (Aug 21, 2007 4:01:56 PM)
    They let in 150,000 workers.

    ILWSpeaker (Aug 21, 2007 4:02:17 PM)
    I am not sure how that will be reflected on the new bulletins. We will have to wait until October to find out.

    ilwmoderator (Aug 21, 2007 4:02:24 PM)
    Please continue to submit your questions. They will be answered in the order received.

    ILWSpeaker (Aug 21, 2007 4:02:48 PM)
    H-1B is still available but that doe not assit you prior to nexxt October, unless a not-for=profit research insitution is filing for you,.

    ILWSpeaker (Aug 21, 2007 4:03:14 PM)
    I do not think much reform will occur before the next election cycle, unfortunately.

    ILWSpeaker (Aug 21, 2007 4:03:21 PM)
    Next question.

    Shaji (Aug 21, 2007 4:03:29 PM)
    I have filed 140 and I485 concurrently .EB3 Schedule A. I would like to know whether my I40 will cancelled if i485 is denied

    ILWSpeaker (Aug 21, 2007 4:03:44 PM)
    No.

    ILWSpeaker (Aug 21, 2007 4:04:13 PM)
    The I-140 if approved is approved. I guess the question is, why was the adjustment of status denied?

    ILWSpeaker (Aug 21, 2007 4:04:36 PM)
    Why don't we go on while waiting for Shaji to respond.

    Shaji (Aug 21, 2007 4:04:37 PM)
    For Schedule A , The Visa Screen certificate is mandatory to be submitted at the time of AOS application?

    Shaji (Aug 21, 2007 4:05:02 PM)
    deniel can be not able to provid a required document, say VSC

    ILWSpeaker (Aug 21, 2007 4:05:04 PM)
    No - but you have only one chance to get approved, and if not approved then you will go out of status.

    ILWSpeaker (Aug 21, 2007 4:05:36 PM)
    Unless you filed before 2001 this could be horrible for you.

    ILWSpeaker (Aug 21, 2007 4:05:47 PM)
    If you are out of status, you cannot adjust.

    ILWSpeaker (Aug 21, 2007 4:06:13 PM)
    Next question.

    athani (Aug 21, 2007 4:06:16 PM)
    i am a R1 visa holder, Married to US citizen. I have filed all paper work and done finger printing. i have also recieved my EAD and waitng for my interview. i have two questions 1. i have worked two jobs wich i checked the citizen/national box on the I-9 form, is there any defense tactics should this question come up and 2. i was recently convicted of a DWI 4th degree misdeameanor, does this affects my application

    ILWSpeaker (Aug 21, 2007 4:07:15 PM)
    DWI should not stop you from becoming a resident. However, claiming US citizenship is a bar from residence and there is no waiver.

    ILWSpeaker (Aug 21, 2007 4:07:30 PM)
    I am not sure if they would know about the I-9 form.

    ILWSpeaker (Aug 21, 2007 4:07:43 PM)
    Good luc athani.

    ILWSpeaker (Aug 21, 2007 4:07:47 PM)
    next.

    Confussed (Aug 21, 2007 4:07:47 PM)
    my husband has been banded from the U.S for 10 years? Is there anyway around that?

    ILWSpeaker (Aug 21, 2007 4:08:03 PM)
    For what readon has he been barred?

    ILWSpeaker (Aug 21, 2007 4:08:06 PM)
    Was he removed?

    Confussed (Aug 21, 2007 4:08:15 PM)
    no

    ILWSpeaker (Aug 21, 2007 4:08:23 PM)
    Was he removed becuase of a crime or becuase of an overstay?

    ILWSpeaker (Aug 21, 2007 4:08:28 PM)
    Why then is he barred?

    Confussed (Aug 21, 2007 4:08:35 PM)
    the us embassy in Juarez dinied his visa and green card

    ILWSpeaker (Aug 21, 2007 4:08:44 PM)
    Do you know why?

    ILWSpeaker (Aug 21, 2007 4:09:00 PM)
    If sounds as if it was becuase he was here unlawfully for over a year and left the country.

    Confussed (Aug 21, 2007 4:09:01 PM)
    they said he entered the us twice without papers is all they said

    Confussed (Aug 21, 2007 4:09:15 PM)
    they never looked at the files or anything

    ILWSpeaker (Aug 21, 2007 4:09:33 PM)
    If that is the case you can apply for a waiver based on your hardship, as well as the hardship of any USC children he may have.

    Confussed (Aug 21, 2007 4:09:33 PM)
    he was here for 8 strait years

    ILWSpeaker (Aug 21, 2007 4:09:49 PM)
    They must have looked at the paers which stated when he was in the country.

    Confussed (Aug 21, 2007 4:09:51 PM)
    they denied the hardship

    ILWSpeaker (Aug 21, 2007 4:09:57 PM)
    There is a waiver for the 10 year bar.

    ILWSpeaker (Aug 21, 2007 4:10:15 PM)
    File the waiver with the US Consulate.

    ILWSpeaker (Aug 21, 2007 4:10:28 PM)
    You will have to waita number of months for a response.

    ILWSpeaker (Aug 21, 2007 4:10:53 PM)
    Again, it is based on your hardship Confussed should your husband not be able to join you inthe US for 10 years.

    ILWSpeaker (Aug 21, 2007 4:11:05 PM)
    Good luck. Next question.

    charles (Aug 21, 2007 4:11:13 PM)
    My mother applied for my siblings who are all married back in 2002. The applications were sent to the california center late last yet for processing. However nothing has been heard since. I was in trinidad recently where they live and spoke to someone who handles the visas in the embassy. She said she saw nothing on file for the receipt numbers i gave her and that most likely the applications were lost. She wanted me to follow up with them when back in the USA. I did today and they said the same thing the website said that they are working on May 2001....my mom applied in 2002. however other people i know who applied after my mom got through with their married kids

    ILWSpeaker (Aug 21, 2007 4:12:22 PM)
    The visa times are listed on the Department of State web-site. Single children of USC are now being processed for October 2001 application.

    ILWSpeaker (Aug 21, 2007 4:12:40 PM)
    The people that you say were processed earlier than your brother, who knows under what category they claimed to be.

    ILWSpeaker (Aug 21, 2007 4:12:52 PM)
    These wait times are truly outrageous, and they are slow.

    ILWSpeaker (Aug 21, 2007 4:13:37 PM)
    However, unfortunately the wait time for married children of USC is years delayed and the applications filed in October 1999 are now being processed for residence.

    ILWSpeaker (Aug 21, 2007 4:13:53 PM)
    If you have a receipt number it does not sound as if the case is lost.

    ILWSpeaker (Aug 21, 2007 4:14:04 PM)
    Tell you siblings to hang in there.

    ILWSpeaker (Aug 21, 2007 4:14:07 PM)
    Next.

    rv6 (Aug 21, 2007 4:14:09 PM)
    This is regarding the Name Check issue at the FBI. My EB2 I-485 is pending for over a year because of the Name Check delay at the FBI. My Priority Date (Labor) is Nov 2002. Recently, Secretary Chertoff made an announcement that "substantial new funds will be invested to address the woefully delayed system of immigration background checks." Do you think that the CIS/FBI will expedite Name Check request sooner because of this announcement? I wrote to my senator, first lady, secretary chertoff, FBI director, but of no use. What more can I do? ==> Is WOM a good option for 485 pending for a little over a year (with a PD of Nov 2002)? Thanks for your time.

    ILWSpeaker (Aug 21, 2007 4:16:08 PM)
    I would not suggest filing a manadamus for a 485 that has been pending less than 2 years. These background checks for certain people are indeed woefully slow. The FBI is fighting these mandamus actions now. If your case has been pending that amount of time, consider it. I have not seen any change since the anouncement. Who know. I think all the extra money will be going towards enforcement, not adjustments.

    ILWSpeaker (Aug 21, 2007 4:16:16 PM)
    Next question.

    keegan (Aug 21, 2007 4:16:20 PM)
    what are my options on staying in the country for the next year's H1b since my F1 opt ends in January?

    keegan (Aug 21, 2007 4:16:22 PM)
    i was told that a person with dual citizenship can apply for US citizenship. is this true for someone with a NZ citizenship?

    ilwmoderator (Aug 21, 2007 4:16:50 PM)
    Please continue to submit your questions. They will be answered in the order received.

    ILWSpeaker (Aug 21, 2007 4:17:00 PM)
    I would suggest extending your student status so you will be valid for H-1B.

    ILWSpeaker (Aug 21, 2007 4:17:22 PM)
    Dual citizens, like all other indidivuals, can apply for permanent residence if you have a right to do so.

    ILWSpeaker (Aug 21, 2007 4:17:38 PM)
    The dual citizenship in and of itself gives you no right to US citizenship.

    ILWSpeaker (Aug 21, 2007 4:18:00 PM)
    You can obtain residence through a position, a family member or other ways like asylum if applicable.

    ILWSpeaker (Aug 21, 2007 4:18:11 PM)
    next question.

    Guest (Aug 21, 2007 4:18:15 PM)
    My brother filled I-30 on march 1997 & it was approved. the visa number will be out by next month. I came to united states with a visiting visa but the visa has expired, can I be able to adjust my ststus.

    Paul (Aug 21, 2007 4:18:22 PM)
    My mother is a permanent resident. She was living in the US before travelling to her home country to take care of her sister who was ill. She has been absent for 2 years without a reentry permit. Now her sister has passed away and she want to come back to the US. Will she have trouble to get admitted at the airport and risk deportation and what does she need to do? Is it better to apply for a returning resident visa and how long does it take?

    ILWSpeaker (Aug 21, 2007 4:19:29 PM)
    Teh law regarding residents is if they are out of the US for greater than a year without a reentry permit they have lsot their residence. If you are a USC who is over 21 you can reapply for your mother's residence.

    ILWSpeaker (Aug 21, 2007 4:20:03 PM)
    If she enters as a residnt and they move to confiscate it she can ask for a hearing and will be sent to deportation hearings.

    ILWSpeaker (Aug 21, 2007 4:20:20 PM)
    It sounds as if it would be better to address the issue before she enters the US.

    ILWSpeaker (Aug 21, 2007 4:21:01 PM)
    There is no such thing as a retuning resident visa. Either she is a resident or she is not. Sometimes this is a question of fact which a judge woyuld decide.

    ILWSpeaker (Aug 21, 2007 4:21:07 PM)
    Next question.

    Foomie (Aug 21, 2007 4:21:10 PM)
    Hi Counselor, thank you for taking my question. I am mcurrently to a foreign national from Russia, but things are not working out. She is 4 months from her 2nd anniversary of enterining on conditional residency, and I have no intention on filling out the I-751. What are my options in terms of having her visa expire? What happens if she files for Divorce now? Can she file the 751 alone? Can and should I file a withdrawal of the I864? Thank you again.

    ILWSpeaker (Aug 21, 2007 4:22:22 PM)
    She can file the 751 alone.

    ILWSpeaker (Aug 21, 2007 4:22:39 PM)
    It is harder obviously than if you file it jointly.

    ILWSpeaker (Aug 21, 2007 4:23:50 PM)
    If she files for divorce I guess the validity of the divorce depends on the grounds for the divorce. Good luck.

    ILWSpeaker (Aug 21, 2007 4:23:52 PM)
    Next question.

    Guest (Aug 21, 2007 4:23:56 PM)
    neloiggy,I entered with a visting visa, but my visa is expired & my visa number will be out next mouth can I be able to adjust my status

    Grace321 (Aug 21, 2007 4:24:03 PM)
    Will I lose my student F1 status if I marry a USC?

    ILWSpeaker (Aug 21, 2007 4:24:22 PM)
    No. If you remain in school and in valid status.

    ILWSpeaker (Aug 21, 2007 4:24:51 PM)
    You can file for change of status to that of permanent residence if you want, and when you become a resident you would obviously lose your student status.

    ILWSpeaker (Aug 21, 2007 4:25:08 PM)
    During the pendency of the adjustment remain in valid student status to retain it.

    ILWSpeaker (Aug 21, 2007 4:25:20 PM)
    Next question unless there is a follow-up.

    Guest (Aug 21, 2007 4:25:38 PM)
    I am a H1 visa holder, working as an art director. As a hobby, I make digital art, which I can gift to people. A couple of friends wanted to purchase some other pieces I have, and perhaps commission me for some specific work. What are the legalities about it? Thanks.

    fredgol (Aug 21, 2007 4:25:49 PM)
    i got married 1 year ago with an usc after many problems she left me i the middle of my application to get my residenship what can i do

    ILWSpeaker (Aug 21, 2007 4:26:22 PM)
    Unfortunately if you have not yet obtained your residence if your spouse withdraws the application it is lost.

    ILWSpeaker (Aug 21, 2007 4:26:41 PM)
    This is different from the question raised by Foomie whose wife already obtained her residence.

    ILWSpeaker (Aug 21, 2007 4:27:19 PM)
    The application process is to allow US citizens the right to marry whom they wish. That does not help you I know but unfortunately that is how the law is designed.

    ILWSpeaker (Aug 21, 2007 4:28:02 PM)
    Under the laws right now if you are hereillegally marriage may be the only way to regularize. You may wish to withdraw the application so that the USCIS loses interest in you.

    ILWSpeaker (Aug 21, 2007 4:28:06 PM)
    Good luck.

    Guest (Aug 21, 2007 4:28:09 PM)
    I got married with a US citizen and i have my permanent resident card and everything but it expires on sept 08 and i want to visit my family in CR but i don't know if i'm going to have any kind of problem

    faith (Aug 21, 2007 4:28:16 PM)
    ( naturalization) can I petition for my illegal mom?

    ILWSpeaker (Aug 21, 2007 4:28:43 PM)
    What is your status Fasith and how did your mom enter (if she is in the US)

    faith (Aug 21, 2007 4:29:06 PM)
    my mom entered legally, I am a us citizen

    ILWSpeaker (Aug 21, 2007 4:29:14 PM)
    If she entered legally and you are over 21 and a US citizen you can petition for her.

    ILWSpeaker (Aug 21, 2007 4:29:30 PM)
    File for her now! The processing is very quick at the moment.

    faith (Aug 21, 2007 4:29:35 PM)
    will it take long

    ILWSpeaker (Aug 21, 2007 4:29:35 PM)
    Congratulations!

    faith (Aug 21, 2007 4:29:45 PM)
    thanks

    ILWSpeaker (Aug 21, 2007 4:29:51 PM)
    No. Our cases are going through in a few months.

    ILWSpeaker (Aug 21, 2007 4:30:03 PM)
    Next question.

    ana (Aug 21, 2007 4:30:06 PM)
    my name is ana, imigration just send me the letter to welcom , in 3 weeks they say l will get my recident card, but l don't get a letter for my son, or notice , l got all my letters the last week, do you think they will send soon for my son?

    ILWSpeaker (Aug 21, 2007 4:30:42 PM)
    Ana - how did you get your residence?

    ILWSpeaker (Aug 21, 2007 4:30:50 PM)
    Was a separate petition filed for your son?

    ILWSpeaker (Aug 21, 2007 4:30:58 PM)
    Often they separate families.

    ILWSpeaker (Aug 21, 2007 4:31:25 PM)
    Your son if filed for should also get his. If you have a question get an INFOPASS and ask what happened to him.

    ana (Aug 21, 2007 4:31:41 PM)
    l am merry with an american and everething is ok the papers are ok, they never said no to him

    ILWSpeaker (Aug 21, 2007 4:31:56 PM)
    Your husband has to file a separate application for him.

    ILWSpeaker (Aug 21, 2007 4:32:03 PM)
    He does not follow your application.

    ILWSpeaker (Aug 21, 2007 4:32:11 PM)
    He has to be classified as a step-child.

    ILWSpeaker (Aug 21, 2007 4:32:27 PM)
    He has to have been younger than 18 years old when you married your husband.

    ILWSpeaker (Aug 21, 2007 4:32:39 PM)
    If you did not file for him I would suggest doing so.

    ILWSpeaker (Aug 21, 2007 4:33:08 PM)
    If you already filed for him get an INFOPASS to inquire what is happening to his applciation.

    ILWSpeaker (Aug 21, 2007 4:33:13 PM)
    next question.

    neloiggy (Aug 21, 2007 4:33:16 PM)
    Neloiggy, I came to united states with a visiting visa. applIed for I- 485, It was deined because my number was not current.my number will be current next month but my visa has expired can I be able to adjust here or what should I do.

    ILWSpeaker (Aug 21, 2007 4:33:50 PM)
    What do you mean your visa has expired? Are you talking about you non-immigrant visitor visa?

    ILWSpeaker (Aug 21, 2007 4:34:36 PM)
    If you filed under the immigrant categories you are supposed to still be in status. If the applciation was filed prior to April 30, 2001 you can wait for your priority date and file in this country.

    neloiggy (Aug 21, 2007 4:34:48 PM)
    yes

    ILWSpeaker (Aug 21, 2007 4:35:20 PM)
    Yes the application was filedprior to 4/30/201? Then you can apply here when you become current.

    ILWSpeaker (Aug 21, 2007 4:35:29 PM)
    Hopefully the date will come up soon.

    ILWSpeaker (Aug 21, 2007 4:35:50 PM)
    Again all these priority dates are listed on the department of state website.

    ILWSpeaker (Aug 21, 2007 4:36:03 PM)
    http://travel.state.gov

    ILWSpeaker (Aug 21, 2007 4:36:10 PM)
    Next question.

    buildabiggerfence (Aug 21, 2007 4:36:14 PM)
    My friend is a partner in my business, and has been in the U.S. illegally for a little more than a year, by overstaying his visitation visa. What is the best road for him to get a H1 or L1 visa? or is this impossible since he violated his visit visa?

    ilwmoderator (Aug 21, 2007 4:36:20 PM)
    Today's chat attorney is Jennifer Oltarsh, Esq. To find out more about her practice, please visit her website at http://www.oltarsh.com/

    ILWSpeaker (Aug 21, 2007 4:37:02 PM)
    Dear buildabigger fence, your partner now being out of status cannot adjsut to H or L.

    ILWSpeaker (Aug 21, 2007 4:37:39 PM)
    If he overstayed more than 6 months he cannot get a visa for at least three years and possibly ten.

    buildabiggerfence (Aug 21, 2007 4:38:03 PM)
    Is there an any way to get a GC?

    ILWSpeaker (Aug 21, 2007 4:38:23 PM)
    Only if he marries a USC or is that parent of a USC greater than 21.

    ILWSpeaker (Aug 21, 2007 4:38:45 PM)
    The immigration legislation proposed in July would have addressed people like him, but sadly it failed.

    ILWSpeaker (Aug 21, 2007 4:39:13 PM)
    Maybe after the next election better legislation will be proposed and maybe will pass to assist the some-odd 20 million people in this coutnry without status.

    ILWSpeaker (Aug 21, 2007 4:39:27 PM)
    The laws are very sever at the moment.

    ILWSpeaker (Aug 21, 2007 4:39:30 PM)
    Next question.

    angelina (Aug 21, 2007 4:39:38 PM)
    If a permanent resident file a petition for her husband How long does it takes?

    ILWSpeaker (Aug 21, 2007 4:39:55 PM)
    Right now the backlog is five years.

    ILWSpeaker (Aug 21, 2007 4:40:16 PM)
    I suggest filing now, and when the PR bcomes a citizen the spouse is immediately eligible.

    ILWSpeaker (Aug 21, 2007 4:40:54 PM)
    The immigration reform that I jsut spoke about also addressed these horrible backlogs. As I mentioned it failed. Maybe after the election cycle it will return.

    ILWSpeaker (Aug 21, 2007 4:41:02 PM)
    Next question.

    debbi (Aug 21, 2007 4:41:05 PM)
    I am wanting to marry my finance who is undocumented from Mexico. what at the steps to legalize him and also without him leaving the US

    ILWSpeaker (Aug 21, 2007 4:41:44 PM)
    Unless he filed a petition or labor certification before April 30, 2001 (or his parents filed one and he was under 21) he cannot adjust in this country.

    ILWSpeaker (Aug 21, 2007 4:42:15 PM)
    If you apply for him and he travels to Mexico, he will likely need a waiver for the three or ten year bar, depending on how long he has been in the country.

    ILWSpeaker (Aug 21, 2007 4:42:23 PM)
    You too may have to wait for new legislation.

    ILWSpeaker (Aug 21, 2007 4:42:45 PM)
    It is improtant to vote to make sure that memebers of the house and senate hear you voice as well as the presidential candidate.

    ILWSpeaker (Aug 21, 2007 4:43:04 PM)
    The state of immigration legislation is dismal but that too can change.

    ILWSpeaker (Aug 21, 2007 4:43:12 PM)
    hang in there.

    ILWSpeaker (Aug 21, 2007 4:43:15 PM)
    Next question.

    patti (Aug 21, 2007 4:43:18 PM)
    My husband goes for his visa interview in Morocco on Thursday Aug 23rd, my question is that just after i found out that the papers were sent over and his appt date was scheduled I had to sell my house and move( I have asthma and it had alot of repairs and mold growing that i couldnt afford to fix) How will this affect him getting his visa? When I talk to the lady that handled my case she said that since it already went overseas there was nothing we can do now and that he would just need to tell them the circumstances..plz help I have waited a long time I dont want anything to go wrong!!!

    ILWSpeaker (Aug 21, 2007 4:43:48 PM)
    A new address should not be a big deal.

    ILWSpeaker (Aug 21, 2007 4:44:09 PM)
    What is important is that you marreid in good faith, that he has all is proofs together for the interview.

    ILWSpeaker (Aug 21, 2007 4:44:23 PM)
    He can tell the officer interviewing him that your address has changed.

    ILWSpeaker (Aug 21, 2007 4:44:42 PM)
    good luck Patti. I hope you are reunited soon.

    ILWSpeaker (Aug 21, 2007 4:44:46 PM)
    next question.

    ginger (Aug 21, 2007 4:44:48 PM)
    my husband got deported want to get him back in ?

    ILWSpeaker (Aug 21, 2007 4:45:03 PM)
    It depends on what he was deported for.

    ILWSpeaker (Aug 21, 2007 4:45:28 PM)
    If Ginger he was deported for being here illegally, then there might be a three or ten year bar, for which you will need a waiver.

    ginger (Aug 21, 2007 4:45:41 PM)
    i dont even know anymore the judge said this isnt aggrevated offences??.nooo here 30 years

    ILWSpeaker (Aug 21, 2007 4:46:01 PM)
    In addition, you will need to ask for permission for him to reenter becuase deporteed cannot enter for a decade.

    ginger (Aug 21, 2007 4:46:03 PM)
    had a minor pot charge

    ILWSpeaker (Aug 21, 2007 4:46:26 PM)
    If he was deported for something else, as long as it was not an aggravated felony, he can also request a waiver for the ground of inadmissibility.

    ilwmoderator (Aug 21, 2007 4:46:54 PM)
    Today's chat attorney is Jennifer Oltarsh, Esq. To find out more about her practice, please visit her website at http://www.oltarsh.com/

    ILWSpeaker (Aug 21, 2007 4:47:12 PM)
    This type of case, I would suggest obtaining counsel. If 30 years has passed there has been a lot of time for him to show rehabilitation, which is good.

    ILWSpeaker (Aug 21, 2007 4:47:23 PM)
    Good luck.

    ILWSpeaker (Aug 21, 2007 4:47:27 PM)
    Next question.

    sam (Aug 21, 2007 4:47:29 PM)
    my mothere usc did a petion as a married son my piortiy date 2/2001 can i file for 485 now? and the visa bultin now jan 2000 .. how long it take to get my green card.. i'm here since 1995

    ILWSpeaker (Aug 21, 2007 4:48:51 PM)
    I am not sure where you obtained that date. But the priority date for a married child of a USC is presently at October 1999 for most of the world.

    ILWSpeaker (Aug 21, 2007 4:49:05 PM)
    sam you have to wait for your priority date to become current.

    ILWSpeaker (Aug 21, 2007 4:49:31 PM)
    The numbers may move a lot in october so be sure to check the bulletin. I put the address above.

    ILWSpeaker (Aug 21, 2007 4:49:43 PM)
    I hope it moves quickly and your number somes up soon.

    ILWSpeaker (Aug 21, 2007 4:49:51 PM)
    Next question.

    Paul (Aug 21, 2007 4:49:58 PM)
    How long it takes for a USC to petition his mother for green card? what category is this?

    ILWSpeaker (Aug 21, 2007 4:50:37 PM)
    If the USC is above 21 his or her parents are immediately elgible for their residence. There is no category and they are non-quota.

    ILWSpeaker (Aug 21, 2007 4:51:01 PM)
    What that means is if the parent is in the US they can apply for adjustment here as long as they entered legally.

    ILWSpeaker (Aug 21, 2007 4:51:27 PM)
    If the parent is aborad you have to file the relative petition and upno its approval it will be tranferred to the Dept. of State for OCnsualr porcessing.

    ILWSpeaker (Aug 21, 2007 4:51:33 PM)
    That process will take about a year.

    ILWSpeaker (Aug 21, 2007 4:51:37 PM)
    NExt question.

    mom2 (Aug 21, 2007 4:51:41 PM)
    well i got married on sept 2005 to a us citizen but we dindt file the i130 and 1485 and all the applications until july 27 2007.. i came in with a border crossing visa so i would still cross to go visit my grandma so in one of the applications i put down that my last entry was june 2007 is that bad? and also i havent received any receipts for the applications

    ILWSpeaker (Aug 21, 2007 4:52:20 PM)
    You cannot leave the country once you file for residence without a parole.

    ILWSpeaker (Aug 21, 2007 4:52:42 PM)
    If you and your husband decided to make you lives here and at that point filed for residnce there is no problem with the timing.

    ILWSpeaker (Aug 21, 2007 4:53:00 PM)
    Cases are now being processed pretty quickly so your interview should be coming up in the fall.

    ILWSpeaker (Aug 21, 2007 4:53:04 PM)
    Good luck.

    ilwmoderator (Aug 21, 2007 4:53:16 PM)
    We are almost out of time. Ms. Jennifer Oltarsh, any final comments?

    ILWSpeaker (Aug 21, 2007 4:53:17 PM)
    Is there time for a follow-up or another question?

    ILWSpeaker (Aug 21, 2007 4:54:01 PM)
    I wish all of you the best of luck and hope to hear from you in another chat.

    ilwmoderator (Aug 21, 2007 4:54:06 PM)
    Thanks Ms. Jennifer Oltarsh, Esq. for chatting on ILW.COM. We look forward to having you back soon. Thanks everyone and Goodbye.
    http://www.ilw.com

  • #2
    ilwmoderator (Aug 21, 2007 3:36:02 PM)
    Welcome to ILW.COM chat. Please submit your questions. They will be answered in the order received.
    ilwmoderator (Aug 21, 2007 3:38:29 PM)
    Welcome to ILW.COM chat. Please submit your questions. They will be answered in the order received.

    ilwmoderator (Aug 21, 2007 3:38:44 PM)
    Chat will begin at 5pm ET

    ilwmoderator (Aug 21, 2007 3:43:30 PM)
    Today's chat attorney is Jennifer Oltarsh, Esq. To find out more about her practice, please visit her website at http://www.oltarsh.com/

    ilwmoderator (Aug 21, 2007 3:44:26 PM)
    Welcome to ILW.COM chat. Please submit your questions. They will be answered in the order received. Chat begins at 5pm ET.

    ilwmoderator (Aug 21, 2007 3:47:02 PM)
    Welcome to ILW.COM chat. Please submit your questions. They will be answered in the order received. Chat begins at 5pm ET.

    ilwmoderator (Aug 21, 2007 3:52:44 PM)
    Today's chat attorney is Jennifer Oltarsh, Esq. To find out more about her practice, please visit her website at http://www.oltarsh.com/

    ilwmoderator (Aug 21, 2007 3:53:02 PM)
    We will begin shortly.

    ilwmoderator (Aug 21, 2007 3:53:58 PM)
    Welcome Ms. Jennifer Oltarsh, Esq. Shall we begin the chat?

    ILWSpeaker (Aug 21, 2007 3:55:11 PM)
    Yes- How is everyone.

    ilwmoderator (Aug 21, 2007 3:55:25 PM)
    Here is the first question.

    Guest (Aug 21, 2007 3:55:28 PM)
    Hi ..my mother did a petition for my as a married son for u.s citizen in 2001.and the pairtiy date is feb 2001. and the visa bulletin is JAN 2000.. can i apply for 245 form now till i get my visa date ready? and can i apply here for the green card me and my wife?

    Carl (Aug 21, 2007 3:55:33 PM)
    A friend of mine overstayed his Visa about 2 years and then he got married to a USC without a problem. He got his Green Card now. Is it normally possible to marry on an expired Visa?

    ILWSpeaker (Aug 21, 2007 3:56:15 PM)
    If you marry a United States citizen as long as you entered legally illegal stay and work are forgiven.

    ILWSpeaker (Aug 21, 2007 3:56:22 PM)
    carl- that is only marriage to a USC.

    ILWSpeaker (Aug 21, 2007 3:56:42 PM)
    Any follow up? or lets move to the next question.

    debbi (Aug 21, 2007 3:56:54 PM)
    I am wanting to marry my fiance who is undocumented from Mexico -- what would be the steps to take to legalize him in the US?

    ILWSpeaker (Aug 21, 2007 3:57:09 PM)
    Debbi - where is your fiance?

    ILWSpeaker (Aug 21, 2007 3:57:14 PM)
    Is he in the US or Mexico?

    ILWSpeaker (Aug 21, 2007 3:57:26 PM)
    How did he enter the US?

    ilwmoderator (Aug 21, 2007 3:57:57 PM)
    Shall we go to the next question, while we wait for debbi's answers?

    ILWSpeaker (Aug 21, 2007 3:58:07 PM)
    If he entered the US illegally he cannot file for adjustment in this country unless a labor certification or prior relative petition was filed for him or his parents when he was under 21.

    ILWSpeaker (Aug 21, 2007 3:58:11 PM)
    Sure.

    F1_student_duke (Aug 21, 2007 3:58:18 PM)
    Hi Ms Jennifer Oltarsh! My situation: Went to the US on an F-1 visa in sep,2003. Had 2 perfectly normal semesters.Fell out of status during 3rd semester, in oct,2004. Got arrested for being out of status in december2004, and then released in 3 weeks.At hearing in april,2005, judge granted voluntary departure within 120 days(no bonds were required). I came back to my country;Now got accepted as a transfer at duke univ. Does the 3 year bar apply to me?Can i go to the US now?

    ILWSpeaker (Aug 21, 2007 3:59:28 PM)
    You have to count the days. There is an exception to the bar for people who leave from deportation proceedings on voluntary departure I believe from the 6th month to just before the year.

    ILWSpeaker (Aug 21, 2007 3:59:39 PM)
    If this applies to you you may just be able to come right back in.

    ILWSpeaker (Aug 21, 2007 4:00:38 PM)
    I hope it does. the Consulate may not know the law so count and look for the law yourself.

    ILWSpeaker (Aug 21, 2007 4:00:41 PM)
    next.

    Guest (Aug 21, 2007 4:00:45 PM)
    My F1 OPT expires in January. What options am I looking at in terms of staying in the country since I would like to apply for the H1 next year.

    k (Aug 21, 2007 4:00:53 PM)
    Could you please tell me what is the future of quick immigration of nurses and other medical professionals from India . I believe Schedule A for a quick green card is out , Is H1 an alternate route at all ? Is anything being done to reinstate Schedule A or any special category for nurses ?

    ILWSpeaker (Aug 21, 2007 4:01:28 PM)
    I cannot tell you what the visa bulletins will look like because I do not even believe that the Department of State knows themsleves.

    ILWSpeaker (Aug 21, 2007 4:01:47 PM)
    They were recently innundated by applications - receiving over 300,000 in the last month alone.

    ILWSpeaker (Aug 21, 2007 4:01:56 PM)
    They let in 150,000 workers.

    ILWSpeaker (Aug 21, 2007 4:02:17 PM)
    I am not sure how that will be reflected on the new bulletins. We will have to wait until October to find out.

    ilwmoderator (Aug 21, 2007 4:02:24 PM)
    Please continue to submit your questions. They will be answered in the order received.

    ILWSpeaker (Aug 21, 2007 4:02:48 PM)
    H-1B is still available but that doe not assit you prior to nexxt October, unless a not-for=profit research insitution is filing for you,.

    ILWSpeaker (Aug 21, 2007 4:03:14 PM)
    I do not think much reform will occur before the next election cycle, unfortunately.

    ILWSpeaker (Aug 21, 2007 4:03:21 PM)
    Next question.

    Shaji (Aug 21, 2007 4:03:29 PM)
    I have filed 140 and I485 concurrently .EB3 Schedule A. I would like to know whether my I40 will cancelled if i485 is denied

    ILWSpeaker (Aug 21, 2007 4:03:44 PM)
    No.

    ILWSpeaker (Aug 21, 2007 4:04:13 PM)
    The I-140 if approved is approved. I guess the question is, why was the adjustment of status denied?

    ILWSpeaker (Aug 21, 2007 4:04:36 PM)
    Why don't we go on while waiting for Shaji to respond.

    Shaji (Aug 21, 2007 4:04:37 PM)
    For Schedule A , The Visa Screen certificate is mandatory to be submitted at the time of AOS application?

    Shaji (Aug 21, 2007 4:05:02 PM)
    deniel can be not able to provid a required document, say VSC

    ILWSpeaker (Aug 21, 2007 4:05:04 PM)
    No - but you have only one chance to get approved, and if not approved then you will go out of status.

    ILWSpeaker (Aug 21, 2007 4:05:36 PM)
    Unless you filed before 2001 this could be horrible for you.

    ILWSpeaker (Aug 21, 2007 4:05:47 PM)
    If you are out of status, you cannot adjust.

    ILWSpeaker (Aug 21, 2007 4:06:13 PM)
    Next question.

    athani (Aug 21, 2007 4:06:16 PM)
    i am a R1 visa holder, Married to US citizen. I have filed all paper work and done finger printing. i have also recieved my EAD and waitng for my interview. i have two questions 1. i have worked two jobs wich i checked the citizen/national box on the I-9 form, is there any defense tactics should this question come up and 2. i was recently convicted of a DWI 4th degree misdeameanor, does this affects my application

    ILWSpeaker (Aug 21, 2007 4:07:15 PM)
    DWI should not stop you from becoming a resident. However, claiming US citizenship is a bar from residence and there is no waiver.

    ILWSpeaker (Aug 21, 2007 4:07:30 PM)
    I am not sure if they would know about the I-9 form.

    ILWSpeaker (Aug 21, 2007 4:07:43 PM)
    Good luc athani.

    ILWSpeaker (Aug 21, 2007 4:07:47 PM)
    next.

    Confussed (Aug 21, 2007 4:07:47 PM)
    my husband has been banded from the U.S for 10 years? Is there anyway around that?

    ILWSpeaker (Aug 21, 2007 4:08:03 PM)
    For what readon has he been barred?

    ILWSpeaker (Aug 21, 2007 4:08:06 PM)
    Was he removed?

    Confussed (Aug 21, 2007 4:08:15 PM)
    no

    ILWSpeaker (Aug 21, 2007 4:08:23 PM)
    Was he removed becuase of a crime or becuase of an overstay?

    ILWSpeaker (Aug 21, 2007 4:08:28 PM)
    Why then is he barred?

    Confussed (Aug 21, 2007 4:08:35 PM)
    the us embassy in Juarez dinied his visa and green card

    ILWSpeaker (Aug 21, 2007 4:08:44 PM)
    Do you know why?

    ILWSpeaker (Aug 21, 2007 4:09:00 PM)
    If sounds as if it was becuase he was here unlawfully for over a year and left the country.

    Confussed (Aug 21, 2007 4:09:01 PM)
    they said he entered the us twice without papers is all they said

    Confussed (Aug 21, 2007 4:09:15 PM)
    they never looked at the files or anything

    ILWSpeaker (Aug 21, 2007 4:09:33 PM)
    If that is the case you can apply for a waiver based on your hardship, as well as the hardship of any USC children he may have.

    Confussed (Aug 21, 2007 4:09:33 PM)
    he was here for 8 strait years

    ILWSpeaker (Aug 21, 2007 4:09:49 PM)
    They must have looked at the paers which stated when he was in the country.

    Confussed (Aug 21, 2007 4:09:51 PM)
    they denied the hardship

    ILWSpeaker (Aug 21, 2007 4:09:57 PM)
    There is a waiver for the 10 year bar.

    ILWSpeaker (Aug 21, 2007 4:10:15 PM)
    File the waiver with the US Consulate.

    ILWSpeaker (Aug 21, 2007 4:10:28 PM)
    You will have to waita number of months for a response.

    ILWSpeaker (Aug 21, 2007 4:10:53 PM)
    Again, it is based on your hardship Confussed should your husband not be able to join you inthe US for 10 years.

    ILWSpeaker (Aug 21, 2007 4:11:05 PM)
    Good luck. Next question.

    charles (Aug 21, 2007 4:11:13 PM)
    My mother applied for my siblings who are all married back in 2002. The applications were sent to the california center late last yet for processing. However nothing has been heard since. I was in trinidad recently where they live and spoke to someone who handles the visas in the embassy. She said she saw nothing on file for the receipt numbers i gave her and that most likely the applications were lost. She wanted me to follow up with them when back in the USA. I did today and they said the same thing the website said that they are working on May 2001....my mom applied in 2002. however other people i know who applied after my mom got through with their married kids

    ILWSpeaker (Aug 21, 2007 4:12:22 PM)
    The visa times are listed on the Department of State web-site. Single children of USC are now being processed for October 2001 application.

    ILWSpeaker (Aug 21, 2007 4:12:40 PM)
    The people that you say were processed earlier than your brother, who knows under what category they claimed to be.

    ILWSpeaker (Aug 21, 2007 4:12:52 PM)
    These wait times are truly outrageous, and they are slow.

    ILWSpeaker (Aug 21, 2007 4:13:37 PM)
    However, unfortunately the wait time for married children of USC is years delayed and the applications filed in October 1999 are now being processed for residence.

    ILWSpeaker (Aug 21, 2007 4:13:53 PM)
    If you have a receipt number it does not sound as if the case is lost.

    ILWSpeaker (Aug 21, 2007 4:14:04 PM)
    Tell you siblings to hang in there.

    ILWSpeaker (Aug 21, 2007 4:14:07 PM)
    Next.

    rv6 (Aug 21, 2007 4:14:09 PM)
    This is regarding the Name Check issue at the FBI. My EB2 I-485 is pending for over a year because of the Name Check delay at the FBI. My Priority Date (Labor) is Nov 2002. Recently, Secretary Chertoff made an announcement that "substantial new funds will be invested to address the woefully delayed system of immigration background checks." Do you think that the CIS/FBI will expedite Name Check request sooner because of this announcement? I wrote to my senator, first lady, secretary chertoff, FBI director, but of no use. What more can I do? ==> Is WOM a good option for 485 pending for a little over a year (with a PD of Nov 2002)? Thanks for your time.

    ILWSpeaker (Aug 21, 2007 4:16:08 PM)
    I would not suggest filing a manadamus for a 485 that has been pending less than 2 years. These background checks for certain people are indeed woefully slow. The FBI is fighting these mandamus actions now. If your case has been pending that amount of time, consider it. I have not seen any change since the anouncement. Who know. I think all the extra money will be going towards enforcement, not adjustments.

    ILWSpeaker (Aug 21, 2007 4:16:16 PM)
    Next question.

    keegan (Aug 21, 2007 4:16:20 PM)
    what are my options on staying in the country for the next year's H1b since my F1 opt ends in January?

    keegan (Aug 21, 2007 4:16:22 PM)
    i was told that a person with dual citizenship can apply for US citizenship. is this true for someone with a NZ citizenship?

    ilwmoderator (Aug 21, 2007 4:16:50 PM)
    Please continue to submit your questions. They will be answered in the order received.

    ILWSpeaker (Aug 21, 2007 4:17:00 PM)
    I would suggest extending your student status so you will be valid for H-1B.

    ILWSpeaker (Aug 21, 2007 4:17:22 PM)
    Dual citizens, like all other indidivuals, can apply for permanent residence if you have a right to do so.

    ILWSpeaker (Aug 21, 2007 4:17:38 PM)
    The dual citizenship in and of itself gives you no right to US citizenship.

    ILWSpeaker (Aug 21, 2007 4:18:00 PM)
    You can obtain residence through a position, a family member or other ways like asylum if applicable.

    ILWSpeaker (Aug 21, 2007 4:18:11 PM)
    next question.

    Guest (Aug 21, 2007 4:18:15 PM)
    My brother filled I-30 on march 1997 & it was approved. the visa number will be out by next month. I came to united states with a visiting visa but the visa has expired, can I be able to adjust my ststus.

    Paul (Aug 21, 2007 4:18:22 PM)
    My mother is a permanent resident. She was living in the US before travelling to her home country to take care of her sister who was ill. She has been absent for 2 years without a reentry permit. Now her sister has passed away and she want to come back to the US. Will she have trouble to get admitted at the airport and risk deportation and what does she need to do? Is it better to apply for a returning resident visa and how long does it take?

    ILWSpeaker (Aug 21, 2007 4:19:29 PM)
    Teh law regarding residents is if they are out of the US for greater than a year without a reentry permit they have lsot their residence. If you are a USC who is over 21 you can reapply for your mother's residence.

    ILWSpeaker (Aug 21, 2007 4:20:03 PM)
    If she enters as a residnt and they move to confiscate it she can ask for a hearing and will be sent to deportation hearings.

    ILWSpeaker (Aug 21, 2007 4:20:20 PM)
    It sounds as if it would be better to address the issue before she enters the US.

    ILWSpeaker (Aug 21, 2007 4:21:01 PM)
    There is no such thing as a retuning resident visa. Either she is a resident or she is not. Sometimes this is a question of fact which a judge woyuld decide.

    ILWSpeaker (Aug 21, 2007 4:21:07 PM)
    Next question.

    Foomie (Aug 21, 2007 4:21:10 PM)
    Hi Counselor, thank you for taking my question. I am mcurrently to a foreign national from Russia, but things are not working out. She is 4 months from her 2nd anniversary of enterining on conditional residency, and I have no intention on filling out the I-751. What are my options in terms of having her visa expire? What happens if she files for Divorce now? Can she file the 751 alone? Can and should I file a withdrawal of the I864? Thank you again.

    ILWSpeaker (Aug 21, 2007 4:22:22 PM)
    She can file the 751 alone.

    ILWSpeaker (Aug 21, 2007 4:22:39 PM)
    It is harder obviously than if you file it jointly.

    ILWSpeaker (Aug 21, 2007 4:23:50 PM)
    If she files for divorce I guess the validity of the divorce depends on the grounds for the divorce. Good luck.

    ILWSpeaker (Aug 21, 2007 4:23:52 PM)
    Next question.

    Guest (Aug 21, 2007 4:23:56 PM)
    neloiggy,I entered with a visting visa, but my visa is expired & my visa number will be out next mouth can I be able to adjust my status

    Grace321 (Aug 21, 2007 4:24:03 PM)
    Will I lose my student F1 status if I marry a USC?

    ILWSpeaker (Aug 21, 2007 4:24:22 PM)
    No. If you remain in school and in valid status.

    ILWSpeaker (Aug 21, 2007 4:24:51 PM)
    You can file for change of status to that of permanent residence if you want, and when you become a resident you would obviously lose your student status.

    ILWSpeaker (Aug 21, 2007 4:25:08 PM)
    During the pendency of the adjustment remain in valid student status to retain it.

    ILWSpeaker (Aug 21, 2007 4:25:20 PM)
    Next question unless there is a follow-up.

    Guest (Aug 21, 2007 4:25:38 PM)
    I am a H1 visa holder, working as an art director. As a hobby, I make digital art, which I can gift to people. A couple of friends wanted to purchase some other pieces I have, and perhaps commission me for some specific work. What are the legalities about it? Thanks.

    fredgol (Aug 21, 2007 4:25:49 PM)
    i got married 1 year ago with an usc after many problems she left me i the middle of my application to get my residenship what can i do

    ILWSpeaker (Aug 21, 2007 4:26:22 PM)
    Unfortunately if you have not yet obtained your residence if your spouse withdraws the application it is lost.

    ILWSpeaker (Aug 21, 2007 4:26:41 PM)
    This is different from the question raised by Foomie whose wife already obtained her residence.

    ILWSpeaker (Aug 21, 2007 4:27:19 PM)
    The application process is to allow US citizens the right to marry whom they wish. That does not help you I know but unfortunately that is how the law is designed.

    ILWSpeaker (Aug 21, 2007 4:28:02 PM)
    Under the laws right now if you are hereillegally marriage may be the only way to regularize. You may wish to withdraw the application so that the USCIS loses interest in you.

    ILWSpeaker (Aug 21, 2007 4:28:06 PM)
    Good luck.

    Guest (Aug 21, 2007 4:28:09 PM)
    I got married with a US citizen and i have my permanent resident card and everything but it expires on sept 08 and i want to visit my family in CR but i don't know if i'm going to have any kind of problem

    faith (Aug 21, 2007 4:28:16 PM)
    ( naturalization) can I petition for my illegal mom?

    ILWSpeaker (Aug 21, 2007 4:28:43 PM)
    What is your status Fasith and how did your mom enter (if she is in the US)

    faith (Aug 21, 2007 4:29:06 PM)
    my mom entered legally, I am a us citizen

    ILWSpeaker (Aug 21, 2007 4:29:14 PM)
    If she entered legally and you are over 21 and a US citizen you can petition for her.

    ILWSpeaker (Aug 21, 2007 4:29:30 PM)
    File for her now! The processing is very quick at the moment.

    faith (Aug 21, 2007 4:29:35 PM)
    will it take long

    ILWSpeaker (Aug 21, 2007 4:29:35 PM)
    Congratulations!

    faith (Aug 21, 2007 4:29:45 PM)
    thanks

    ILWSpeaker (Aug 21, 2007 4:29:51 PM)
    No. Our cases are going through in a few months.

    ILWSpeaker (Aug 21, 2007 4:30:03 PM)
    Next question.

    ana (Aug 21, 2007 4:30:06 PM)
    my name is ana, imigration just send me the letter to welcom , in 3 weeks they say l will get my recident card, but l don't get a letter for my son, or notice , l got all my letters the last week, do you think they will send soon for my son?

    ILWSpeaker (Aug 21, 2007 4:30:42 PM)
    Ana - how did you get your residence?

    ILWSpeaker (Aug 21, 2007 4:30:50 PM)
    Was a separate petition filed for your son?

    ILWSpeaker (Aug 21, 2007 4:30:58 PM)
    Often they separate families.

    ILWSpeaker (Aug 21, 2007 4:31:25 PM)
    Your son if filed for should also get his. If you have a question get an INFOPASS and ask what happened to him.

    ana (Aug 21, 2007 4:31:41 PM)
    l am merry with an american and everething is ok the papers are ok, they never said no to him

    ILWSpeaker (Aug 21, 2007 4:31:56 PM)
    Your husband has to file a separate application for him.

    ILWSpeaker (Aug 21, 2007 4:32:03 PM)
    He does not follow your application.

    ILWSpeaker (Aug 21, 2007 4:32:11 PM)
    He has to be classified as a step-child.

    ILWSpeaker (Aug 21, 2007 4:32:27 PM)
    He has to have been younger than 18 years old when you married your husband.

    ILWSpeaker (Aug 21, 2007 4:32:39 PM)
    If you did not file for him I would suggest doing so.

    ILWSpeaker (Aug 21, 2007 4:33:08 PM)
    If you already filed for him get an INFOPASS to inquire what is happening to his applciation.

    ILWSpeaker (Aug 21, 2007 4:33:13 PM)
    next question.

    neloiggy (Aug 21, 2007 4:33:16 PM)
    Neloiggy, I came to united states with a visiting visa. applIed for I- 485, It was deined because my number was not current.my number will be current next month but my visa has expired can I be able to adjust here or what should I do.

    ILWSpeaker (Aug 21, 2007 4:33:50 PM)
    What do you mean your visa has expired? Are you talking about you non-immigrant visitor visa?

    ILWSpeaker (Aug 21, 2007 4:34:36 PM)
    If you filed under the immigrant categories you are supposed to still be in status. If the applciation was filed prior to April 30, 2001 you can wait for your priority date and file in this country.

    neloiggy (Aug 21, 2007 4:34:48 PM)
    yes

    ILWSpeaker (Aug 21, 2007 4:35:20 PM)
    Yes the application was filedprior to 4/30/201? Then you can apply here when you become current.

    ILWSpeaker (Aug 21, 2007 4:35:29 PM)
    Hopefully the date will come up soon.

    ILWSpeaker (Aug 21, 2007 4:35:50 PM)
    Again all these priority dates are listed on the department of state website.

    ILWSpeaker (Aug 21, 2007 4:36:03 PM)
    http://travel.state.gov

    ILWSpeaker (Aug 21, 2007 4:36:10 PM)
    Next question.

    buildabiggerfence (Aug 21, 2007 4:36:14 PM)
    My friend is a partner in my business, and has been in the U.S. illegally for a little more than a year, by overstaying his visitation visa. What is the best road for him to get a H1 or L1 visa? or is this impossible since he violated his visit visa?

    ilwmoderator (Aug 21, 2007 4:36:20 PM)
    Today's chat attorney is Jennifer Oltarsh, Esq. To find out more about her practice, please visit her website at http://www.oltarsh.com/

    ILWSpeaker (Aug 21, 2007 4:37:02 PM)
    Dear buildabigger fence, your partner now being out of status cannot adjsut to H or L.

    ILWSpeaker (Aug 21, 2007 4:37:39 PM)
    If he overstayed more than 6 months he cannot get a visa for at least three years and possibly ten.

    buildabiggerfence (Aug 21, 2007 4:38:03 PM)
    Is there an any way to get a GC?

    ILWSpeaker (Aug 21, 2007 4:38:23 PM)
    Only if he marries a USC or is that parent of a USC greater than 21.

    ILWSpeaker (Aug 21, 2007 4:38:45 PM)
    The immigration legislation proposed in July would have addressed people like him, but sadly it failed.

    ILWSpeaker (Aug 21, 2007 4:39:13 PM)
    Maybe after the next election better legislation will be proposed and maybe will pass to assist the some-odd 20 million people in this coutnry without status.

    ILWSpeaker (Aug 21, 2007 4:39:27 PM)
    The laws are very sever at the moment.

    ILWSpeaker (Aug 21, 2007 4:39:30 PM)
    Next question.

    angelina (Aug 21, 2007 4:39:38 PM)
    If a permanent resident file a petition for her husband How long does it takes?

    ILWSpeaker (Aug 21, 2007 4:39:55 PM)
    Right now the backlog is five years.

    ILWSpeaker (Aug 21, 2007 4:40:16 PM)
    I suggest filing now, and when the PR bcomes a citizen the spouse is immediately eligible.

    ILWSpeaker (Aug 21, 2007 4:40:54 PM)
    The immigration reform that I jsut spoke about also addressed these horrible backlogs. As I mentioned it failed. Maybe after the election cycle it will return.

    ILWSpeaker (Aug 21, 2007 4:41:02 PM)
    Next question.

    debbi (Aug 21, 2007 4:41:05 PM)
    I am wanting to marry my finance who is undocumented from Mexico. what at the steps to legalize him and also without him leaving the US

    ILWSpeaker (Aug 21, 2007 4:41:44 PM)
    Unless he filed a petition or labor certification before April 30, 2001 (or his parents filed one and he was under 21) he cannot adjust in this country.

    ILWSpeaker (Aug 21, 2007 4:42:15 PM)
    If you apply for him and he travels to Mexico, he will likely need a waiver for the three or ten year bar, depending on how long he has been in the country.

    ILWSpeaker (Aug 21, 2007 4:42:23 PM)
    You too may have to wait for new legislation.

    ILWSpeaker (Aug 21, 2007 4:42:45 PM)
    It is improtant to vote to make sure that memebers of the house and senate hear you voice as well as the presidential candidate.

    ILWSpeaker (Aug 21, 2007 4:43:04 PM)
    The state of immigration legislation is dismal but that too can change.

    ILWSpeaker (Aug 21, 2007 4:43:12 PM)
    hang in there.

    ILWSpeaker (Aug 21, 2007 4:43:15 PM)
    Next question.

    patti (Aug 21, 2007 4:43:18 PM)
    My husband goes for his visa interview in Morocco on Thursday Aug 23rd, my question is that just after i found out that the papers were sent over and his appt date was scheduled I had to sell my house and move( I have asthma and it had alot of repairs and mold growing that i couldnt afford to fix) How will this affect him getting his visa? When I talk to the lady that handled my case she said that since it already went overseas there was nothing we can do now and that he would just need to tell them the circumstances..plz help I have waited a long time I dont want anything to go wrong!!!

    ILWSpeaker (Aug 21, 2007 4:43:48 PM)
    A new address should not be a big deal.

    ILWSpeaker (Aug 21, 2007 4:44:09 PM)
    What is important is that you marreid in good faith, that he has all is proofs together for the interview.

    ILWSpeaker (Aug 21, 2007 4:44:23 PM)
    He can tell the officer interviewing him that your address has changed.

    ILWSpeaker (Aug 21, 2007 4:44:42 PM)
    good luck Patti. I hope you are reunited soon.

    ILWSpeaker (Aug 21, 2007 4:44:46 PM)
    next question.

    ginger (Aug 21, 2007 4:44:48 PM)
    my husband got deported want to get him back in ?

    ILWSpeaker (Aug 21, 2007 4:45:03 PM)
    It depends on what he was deported for.

    ILWSpeaker (Aug 21, 2007 4:45:28 PM)
    If Ginger he was deported for being here illegally, then there might be a three or ten year bar, for which you will need a waiver.

    ginger (Aug 21, 2007 4:45:41 PM)
    i dont even know anymore the judge said this isnt aggrevated offences??.nooo here 30 years

    ILWSpeaker (Aug 21, 2007 4:46:01 PM)
    In addition, you will need to ask for permission for him to reenter becuase deporteed cannot enter for a decade.

    ginger (Aug 21, 2007 4:46:03 PM)
    had a minor pot charge

    ILWSpeaker (Aug 21, 2007 4:46:26 PM)
    If he was deported for something else, as long as it was not an aggravated felony, he can also request a waiver for the ground of inadmissibility.

    ilwmoderator (Aug 21, 2007 4:46:54 PM)
    Today's chat attorney is Jennifer Oltarsh, Esq. To find out more about her practice, please visit her website at http://www.oltarsh.com/

    ILWSpeaker (Aug 21, 2007 4:47:12 PM)
    This type of case, I would suggest obtaining counsel. If 30 years has passed there has been a lot of time for him to show rehabilitation, which is good.

    ILWSpeaker (Aug 21, 2007 4:47:23 PM)
    Good luck.

    ILWSpeaker (Aug 21, 2007 4:47:27 PM)
    Next question.

    sam (Aug 21, 2007 4:47:29 PM)
    my mothere usc did a petion as a married son my piortiy date 2/2001 can i file for 485 now? and the visa bultin now jan 2000 .. how long it take to get my green card.. i'm here since 1995

    ILWSpeaker (Aug 21, 2007 4:48:51 PM)
    I am not sure where you obtained that date. But the priority date for a married child of a USC is presently at October 1999 for most of the world.

    ILWSpeaker (Aug 21, 2007 4:49:05 PM)
    sam you have to wait for your priority date to become current.

    ILWSpeaker (Aug 21, 2007 4:49:31 PM)
    The numbers may move a lot in october so be sure to check the bulletin. I put the address above.

    ILWSpeaker (Aug 21, 2007 4:49:43 PM)
    I hope it moves quickly and your number somes up soon.

    ILWSpeaker (Aug 21, 2007 4:49:51 PM)
    Next question.

    Paul (Aug 21, 2007 4:49:58 PM)
    How long it takes for a USC to petition his mother for green card? what category is this?

    ILWSpeaker (Aug 21, 2007 4:50:37 PM)
    If the USC is above 21 his or her parents are immediately elgible for their residence. There is no category and they are non-quota.

    ILWSpeaker (Aug 21, 2007 4:51:01 PM)
    What that means is if the parent is in the US they can apply for adjustment here as long as they entered legally.

    ILWSpeaker (Aug 21, 2007 4:51:27 PM)
    If the parent is aborad you have to file the relative petition and upno its approval it will be tranferred to the Dept. of State for OCnsualr porcessing.

    ILWSpeaker (Aug 21, 2007 4:51:33 PM)
    That process will take about a year.

    ILWSpeaker (Aug 21, 2007 4:51:37 PM)
    NExt question.

    mom2 (Aug 21, 2007 4:51:41 PM)
    well i got married on sept 2005 to a us citizen but we dindt file the i130 and 1485 and all the applications until july 27 2007.. i came in with a border crossing visa so i would still cross to go visit my grandma so in one of the applications i put down that my last entry was june 2007 is that bad? and also i havent received any receipts for the applications

    ILWSpeaker (Aug 21, 2007 4:52:20 PM)
    You cannot leave the country once you file for residence without a parole.

    ILWSpeaker (Aug 21, 2007 4:52:42 PM)
    If you and your husband decided to make you lives here and at that point filed for residnce there is no problem with the timing.

    ILWSpeaker (Aug 21, 2007 4:53:00 PM)
    Cases are now being processed pretty quickly so your interview should be coming up in the fall.

    ILWSpeaker (Aug 21, 2007 4:53:04 PM)
    Good luck.

    ilwmoderator (Aug 21, 2007 4:53:16 PM)
    We are almost out of time. Ms. Jennifer Oltarsh, any final comments?

    ILWSpeaker (Aug 21, 2007 4:53:17 PM)
    Is there time for a follow-up or another question?

    ILWSpeaker (Aug 21, 2007 4:54:01 PM)
    I wish all of you the best of luck and hope to hear from you in another chat.

    ilwmoderator (Aug 21, 2007 4:54:06 PM)
    Thanks Ms. Jennifer Oltarsh, Esq. for chatting on ILW.COM. We look forward to having you back soon. Thanks everyone and Goodbye.
    http://www.ilw.com

    Comment


    • #3
      ILW - "chat with a lawyer" is a great service that you provide.

      I have to say that I have never logged in for a chat, and the transcripts are my only leads on what's going on during the chats.

      My question is - does this format realy work, provide good information?

      Some questions don't include relevant background information and most of them can't be answered in one sentence. I am sure that some people who participate in the chat are having even more questions after getting the answers, some leave confused....

      I understand there is a format and time limitations... I also understand that this is a free service. I am just wondering how helpful this format is?

      Can it be organized so a lawyer has more time to answer questions? asks for clarifications? and then gives a little bit more elaborated answer?

      Thanks, and I hope you continue with this servise.

      aneri

      If it works for the others, it is fine with me..

      BTW, there is such thing as Returning resident visa.

      Comment


      • #4
        I was naked and looking at pictures of Maria Sharapova during the chat

        Comment


        • #5
          ... c'mon, pictures of Bruce Willis would be more believable.

          Comment


          • #6
            Why would looking at an old bald guy be more believable? If I was ***, I sure wouldnt be looking at Bruce Willis ! I would be looking at ME !

            Comment


            • #7
              Ok then, why not Larry King, just old, not bald. That's because I'm kind.

              Comment

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