Paul Parsons. From: Paul Parsons Sent: Tuesday, May 05, :45 PM To: Dogu, Laura Cc: Burciaga, Santiago; Rigaud, Roger. Ms.

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1 Frm: Paul Parsns Sent: Tuesday, May 05, :25 PM T: 'Jdi Gdwin'; Sarah Brwn ; 'Crystal Williams' Subject: Ntes frm meeting with U.S. CIS and Cnsular Officials in El Pas Hpefully the attached summary f the State Bar f Texas Cmmittee n Laws Relating t Immigratin & Natinality meeting n April 24, 2009, in El Pas, is f interest. The Cmmittee, currently chaired by Jdi Gdwin, met with the fllwing U.S. cnsular and immigratin fficials: Laura Dgu, Deputy Cnsul General, U.S. Cnsulate, Juarez Rger Rigaud, Directr f the Nnimmigrant Visa Unit, U.S. Cnsulate, Juarez Santiag Burciaga, Directr f the Immigrant Visa Unit, U.S. Cnsulate, Juarez Warren Janssen, Field Office Directr fr the U.S. Citizenship & Immigratin Services, Juarez Please nte that these are general ntes prepared by my Senir Legal Assistant, Susan Sibrian, wh accmpanied me t this meeting. These ntes have NOT been apprved by any U.S. gvernment fficials nr by the Cmmittee n Laws Relating t Immigratin & Natinality f the State Bar f Texas. I am circulating these ntes and ur diagram f the buildings lcated near ur cuntry's new U.S. Cnsulate in Juarez (the busiest in the wrld) with the hpe that this infrmatin might be useful fr lawyers' clients as well as unrepresented applicants fr immigrant and nnimmigrant visas in Juarez. Paul Parsns Paul Parsns, P.C. Attrney at Law 704 Ri Grande Austin, Texas (512) (512) fax Bard Certified, Immigratin & Natinality Law, Texas Bard f Legal Specializatin (since 1982) Frm: Paul Parsns Sent: Tuesday, May 05, :45 PM T: Dgu, Laura Cc: Burciaga, Santiag; Rigaud, Rger Subject: Ntes frm meeting with U.S. CIS and Cnsular Officials in El Pas Ms. Dgu - Thanks t yu, Mr. Rigaud, and Mr. Burciaga fr taking time ut f yur busy schedules t meet with us in El Pas t update us abut the adjudicatin prcedures and standards at ur U.S. Cnsulate in Juarez. I hpe the attached summary is crrect. Respectfully - Paul Parsns

2 Frm: "Dgu, Laura" Date: Fri, 8 May :52: T: Paul Parsns Subject: RE: Ntes frm meeting with U.S. CIS and Cnsular Officials in El Pas Paul, Here is an edited dcument that was reviewed by all f us, including Warren Janssen. Laura Summary f State Bar f Texas meeting with tp CDJ Cnsular Officials April 24, 2009 Camin Real Htel - El Pas, Texas Laura Dgu, Deputy Cnsul General said: Visa flr (1 st flr) has 87 windws, USC services flr (2 nd flr) has 22 windws Gal is t get applicants in and ut within ne hur (nt yet accmplished!) City f Juarez is building new visitr waiting center next dr (t get peple ff the street), but it s nt dne yet. They will eventually have places t sit in this climatecntrlled facility, prbably parking, and snacks/drinks. They are in talks abut whether this facility wuld rganize the appts by hur, and then when CDJ radis ver that they re ready fr the next grup, this facility wuld send them ver. This is just in the idea stages right nw. CDJ is largest U.S. Cnsulate in the wrld PER DAY, CDJ prcesses 800 t 1200 IVs, 1000 NIVs, 70 t 150 waivers, & 50 t 100 USC services/federal benefits In 2008, CDJ prcessed 150,000 IVs and 130,000 NIVs (a recrd year fr them) and they caught up n their backlg. This means that all IVs that cme thrugh NVC are immediately scheduled fr IVs in CDJ. CEAC frm DS-160 has been released recently being used in CDJ fr NIVs (but NOT fr Ks! K1s are t cntinue bringing duplicate DS-156s and DS-156K and K3s are t bring duplicate DS-156s.) Eventually they want t make the DS-230s electrnic, but nt yet. Applicants are t arrive 15 mins prir t time f IV. They have a prblem with applicants/family members standing in crwds in frnt f the Cnsulate Attys shuld encurage clients NOT t arrive mre than 15 mins early fr IV!! Pase de la Victria is a busy 6-lane street (tw-way traffic)! There are greeters utside t help deal w/the applicants wh arrive early. They send them inside t the security ffice, where they are issued a numbered ticket. As f June 1, 2009, all USCs (including immigrant visa petitiners and ther family members) must have a passprt (r passprt card if traveling by land). New CDJ Inquiry frm n their website seems t be wrking pretty well. If they can t answer the questin right away, they send an that they are researching the case and will get back t yu. T reschedule an IV, yu must call the CDJ Call Center. If yu have Qs abut a pending I-601, yu must cntact Warren Janssen s unit directly (cdj.uscis@dhs.gv). CDJ prefers that applicants NOT pay in cash. They wuld rather the applicants pay with a U.S. Pstal Service mney rder r Visa/Mastercard/Discver/Diners/American Express. Yu can get prepaid credit cards r visa gift cards, and they encurage this. They will take cash, but prefer nt t because f security/safety reasns.

3 Medical clinics nw accept Visa/Mastercard, either credit r debit cards, and prepaid internatinal Visa/Mastercards (n Discver card r Diners card) Administrative prcessing can mean all srts f things. A special team des NIV & IV admin prcessing. Once the admin prcessing is dne, check the website fr yur case number, and then yu can g back t CDJ t the Inf Windw at the frnt f the Cnsulate. Dn t cme t early, dn t bring family, dn t bring thumb drives (r any ther electrnic device) lk at list f items nt allwed in, because if yu bring them, yu have tw ptins: 1) return t yur htel t leave the item, r 2) yu lse it! CDJ des nt have the capability t hld it fr yu. There is a parking lt acrss the street in the Centr Cmercial. Apparently there are lckers smewhere ver there fr rent if yur htel isn t nearby and yu have belngings that are prhibited frm CDJ. Fraud Preventin Unit.all FPUs frm Missin Mexic (meaning all the Cnsulates in MX) nw wrk tgether. If CDJ has a case in anther state in MX, they bx up the case and send it t anther Fraud unit that s clser t d the investigatin. If yur case lands in the FPU and it s a birth issue, CDJ likes t speak with the birth mther. Cmmunicate w/cdj t schedule an IV fr the birth mther t cme in and speak with a Cnsular Officer. (FPU schedules appt.) Rger Rigaud, Directr f NIV Unit said: CDJ still prcesses sme Third Cuntry Natinals when renewing H/L/Es, but n mre new Es fr TCNs. Missin Mexic cmprises f 9 U.S. Cnsulates Several big changes: Switch t DS-160 (since 1/20/09) respnses MUST be in English, must cmplete frm as thrughly as pssible, nly need t bring cnfirmatin sheet t NIV. Are still wrking ut the bugs in this frm. Shift t Applicant Service Center (ASC the lcatin f the ld US Cnsulate) Opened n April 6th. Right nw they have a next-day plicy, meaning g in fr bimetrics at ASC n ne day and have NIV the next day. Sn will d same day service. $26 fr pht/fingerprint and passprt scans/dhl. Take t NIV: receipt fr $26 and receipt frm Banamex fr $131 NIV fee. Cmputer Sciences Crp runs ASC. Call CSC t schedule appt fr bimetrics. Appt takes 9-15 minutes, s applicants can d it n their lunch hur r befre r after wrk. Hurs f ASC are 7 AM t 6 PM Mnday- Friday and 8 AM t 1 PM Saturdays. Administrative Prcessing: see mre inf abve in Laura Dgu s sectin. NIV als use the pass back system (DHL), s when the applicant ges t the ASC fr bimetrics, he/she checks in at the DHL cunter t leave an address where the DHL packet can be sent. Right nw, it s nly within Mexic. Santiag Burciaga, Directr f IV Unit said: Nw have Curier (DHL) pass back f dcs. Pay DHL after waiver r IV interview and leave Cnsulate. DHL can nly deliver t tw DHL ffices in CDJ at the mment, but they are wrking n pening up mre ptins, like t the applicant s hme in MX. DHL s 800 number tells them which f the tw DHL ffices in CDJ has their dcs. Tw medical clinics ne at ld lcatin, and ne at new lcatin dctrs and 2 panel psychlgists at each ne. Are building new medical clinic directly behind the Clinica Medica Internacinal (at the new Cnsular lcatin), but it s nt pen yet. The ld Medical Clinic will mve there nce the building is ready. Children ages 2 t 14 must plan t d medical exam FOUR days prir t IV because f TB skin test. TB skin test must be read in 72 hurs, which means that they d nt d these exams n Thursdays since it wuld have t be read n a Sunday, and they are nt pen Sundays. They are pen Saturdays thugh, s they will d child medicals M-W and F. If applicant has been arrested, CDJ wants arrest reprts AND final curt dispsitins, nt just the curt dcs.

4 If the applicant is 221(g) (missing dcs), and if the Officer desn t need t speak with the applicant again, can just drp ff dcs at Inf Windw at the frnt f the Cnsulate, and they ll get their visa thru DHL pass back. See Paul Virtue mem re: 212(A)(9)(c) issues fr minrs CDJ is taking a tugh line n these minrs, unlike befre. NVC nw des all CDJ s scheduling fr initial IVs. If a petitiner wh is living in MX legally wants t file I-130 fr spuse, must d s at the U.S. Cnsulate that has jurisdictin ver where he/she actually lives (in MX), such as MX City, Mnterrey, etc. CDJ will accept I-130s if the petitiner lives within their jurisdictin. I-130s filed at the Cnsulate are usually prcessed within 30 t 90 days. They d require evidence frm PR that he/she is legally living in MX (such as utility bills, rent receipts, etc.) Check stateside if a child can derive citizenship frm a parent befre filing the I-130 and prceeding t Cnsular Prcessing. Saves the IV unit time! I-601 waivers: If the applicant is denied fr an IV because f unlawful presence (r whatever ther reasn) and qualifies fr a waiver, the Cnsular Officer will give them written instructins n hw t file waiver. Call CDJ Call Center t schedule the appt. Day f IV: shw cnfirmatin sheet t greeters utside, take a number, then g straight t Cashier inside Cnsular building t pay $545. Wait t be called up by number t talk t FSN (Freign Service Natinal) wh will check waiver packet t make sure it is cmplete. The FSN passes the case n t a CIS Officer wh will adjudicate the case the next day. It is currently taking abut 4 business days t receive decisin by DHL. 18 t 20% f immediate relative cases are fund ineligible under 9B fr an IV ~60% are NOT represented by an atty! ~85% f petitiners accmpany applicant t CDJ (but are NOT let int the Cnsulate unless their presence is requested by an fficer. Warren Janssen, Field Office Directr fr USCIS (I-601 waivers) Added 2 new AOs (Adjudicatins Officers) t Waiver Unit in Nw have a ttal f 4 AOs. There are 9000 t 10,000 pending referred waivers right nw!!! Internatinal Affairs is building new branch ffice in Ls Angeles t help CDJ and ther verseas ffices t adjudicate waivers and pssibly ther applicatins!!!!! Will have 8 new AOs and CDJ will send lts f their pending referred waivers t LA. As f 6/1/2009, CDJ will send apprximately 4000 referred waivers t the Miami Asylum Office fr additinal help in adjudicating backlgged waivers. This is just a temprary slutin fr just a few mnths whereas the LA ffice is permanent. LA ffice will have all new hires. Majrity f AOs are asylum fficers, and all (including Miami ffice) will receive specialized training in adjudicating waivers. Training t start in a few weeks. Gal: prcess referred waivers within 6 mnths r less, but might nt reach gal until the end f Best t send translatins f any dcs nt in English since the AOs might nt read Spanish. Pilt Prgram Same Day/Next Day adjudicatins is permanent fixture nw! 50% f cases are apprved with pilt prgram. Mexic City has been helping adjudicate backlgged waivers. Apprval rate is 30%. When FSN ges ver waiver packet w/applicant, will ask applicant Qs abut unlawful presence dates, and maybe a few ther Qs fr clarificatin Atty/petitiner will prbably NOT be ntified if/when case is transferred t LA r Miami If we need t mail mre evidence f hardship, shuld just cntinue t send it t P.O. Bx in El Pas, and it shuld get frwarded n t LA r Miami (wherever case has been TF d) CDJ prcesses abut 100 waivers per day (with 3 Officers) nt enugh t keep up with demand. Due t new prcedures, delivery f the DHL packet culd take up t 3-4 days. 2 mnth backlg befre applicant can get waiver IV (frm date f IV) 19,000 waivers were prcessed in 2008.

5 An atty asked Janssen what cnstitutes a gd waiver, and he was hesitant t answer due t the highly discretinary aspect f adjudicating a waiver and the numerus hardship factrs that an applicant may have t demnstrate extreme hardship, but did give us this: Medical issues are typically the strngest factr Family ties in the U.S. Ability t relcate t Mexic Psych evaluatins are given sme weight (depending n what they cver in the eval) Financial issues (when cmbined with ther factrs) Psych issues that stem frm separatin f applicant and USC/LPR spuse are given less weight than pre-existing psych issues (s if yur petitiner has a histry f depressin, include supprting dcs f this!!)

6 Restaurante Diana Htel La Psada Quality Inn Restaurante Mexican Cnstrucción Cnsulad American Nueva Clínica (n abiert) Clínica Médica Internacinal Htel Micrtel Denny s Wendy s Hliday Inn Express Barriga s Pase de la Victria Tienda Bip Bip (Cnstrucción) Estacinamient $ Starbucks Centr Cmercial Las Missines McDnald s

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