CDJ Waiver Procedures/Consular Information/Driving to Mexico, etc

[Ange]

This memo was released in February 2009, and provides the most up-to-date information on the procedures for waivers filed through Ciudad Juarez. There is really good information in here. Everyone going through CDJ should read carefully!!!

By Charles Wheeler
Laura Dogu, Deputy Consul General, and Mark Boss, Communications Unit Supervisor, U.S. Consulate General in Ciudad Juarez, as well as Warren Janssen, Field Office Director of the USCIS office located at the consulate, each spoke at CLINIC’s annual family immigration law training in El Paso on February 5, 2008. The following is a summary of the updated information Mr. Janssen provided. We will soon circulate updated information from the consular officials.

USCIS (Waiver Department) UPDATE

Mr. Janssen’s office is now located inside the consulate, but is still under the jurisdiction of the DHS/USCIS. Approximately 15 to 20 percent of the IV applications require a waiver for inadmissibility; most of these denials are based on the unlawful presence ground of inadmissibility. Mr. Janssen’s main responsibility is adjudicating waiver applications. In the last fiscal year, the USCIS adjudicated approximately 24,000 waiver applications, and for next year it anticipates processing a similar number.

Mr. Janssen has a permanent staff of four officers and eight support staff, bringing it to a total of twelve employees. He also has three additional officers working in his office on temporary detail who are helping to work down the backlog. He anticipates maintaining that permanent and temporary staffing throughout this fiscal year.

Immigrant visa applicants who are found inadmissible for a waivable ground are now given written notice at the time of the consular interview informing them of the procedure for submitting their waiver packet through a separate Call Center appointment system. Immigrant visa applicants who know before they attend the interview that they will be found inadmissible used to be able to phone the Call Center before leaving and schedule this separate appointment. Recently appointments were being scheduled for up to two months after the immigrant visa appointment.

That procedure has changed as of February 10, 2009. The new procedure does not allow the immigrant visa applicant to schedule the waiver appointment until after the consulate denies the visa. In other words, consular officials in Cd. Juarez will first determine that the alien is inadmissible and eligible for a waiver, and then note that in the computerized case file. The following day, the alien can phone the Call Center and schedule the waiver appointment. Under the new system, it is expected that waiver appointments will be scheduled between one to two weeks after the denial of the immigrant visa. Aliens who already scheduled their waiver appointments under the prior system will be allowed to keep them. All questions regarding the new waiver appointment process should be directed to the Call Center. That number is 900-476-1212. If calling from Mexico, dial 01-900-849-4949.

At the time of their waiver appointment, applicants will return to the consulate, pay the waiver fee, and submit the waiver application, together with supporting documentation. The consulate receives the application and hands the file over to the USCIS adjudicating officer in an adjoining room. The USCIS officials do not interview the applicant but instead base their decision on the application and supporting documentation. If Mr. Janssen’s office believes it is a “clean” case (no FBI criminal hits, no separate A file to examine) that is readily approveable, it will grant the waiver that same day and return the file to the consulate. The consular official in turn will approve the immigrant visa either that day or the following.

Four of the USCIS officers are currently assigned to adjudicate waiver applications sent through this “same day” (formerly the “pilot”) program. They each review approximately 30-35 applications per day, resulting in a daily total of 120-140 applications. Given their schedule, each officer spends approximately 10-15 minutes reviewing the waiver application and supporting documentation before making a decision to either approve or refer. The approval rate for applications processed through this program is between 50 to 60 percent.

The 40 to 50 percent of the applicants who are not found to have a clearly approveable waiver are not denied but are rather referred to the pre-existing adjudication process. In the opinion of the USCIS, most of these applicants did not submit sufficient evidence to merit a favorable decision. Others may have criminal or prior deportation issues that did not surface at the consular interview. Rather than being formally denied, their application is added to the current backlog of 9,000 pending cases and will be reviewed later. His office is currently adjudicating referred waivers submitted in December 2007, meaning that the waiting time for a decision with those files is now over one year. Waiver applicants who are referred to the backlog are encouraged to supplement their file with additional proof of hardship. Although the referral letter indicates that they have 30 days to submit more supporting documentation, they can actually submit it at any time up to the date of adjudication. These files may have been transferred to another USCIS office in Tijuana, Monterrey, or Mexico City for adjudication. Therefore, it is advisable to submit the supporting documentation before that transfer takes place. Also, the USCIS has plans to open an office in Los Angeles sometime this fiscal year that will work exclusively on adjudicating waivers referred to the backlog. When that takes place, the USCIS hopes to vastly reduce or eliminate the backlog. Therefore, applicants should strive to submit their additional documentation within 30 days.

Applicants who are denied may file an appeal with the Administrative Appeals Office (AAO). Those appeals are filed on Form I-290B within 33 days with his office, along with a filing fee of $585, and forwarded to the AAO. The applicant must indicate on the form whether he/she wishes either to: (1) file an appeal, in which case Janssen’s office will review the file and reconsider the decision before forwarding it to the AAO; or (2) request a reopening or reconsideration of the decision. In the latter case, Mr. Janssen’s office will review the case and either overturn and grant the waiver or sustain the original denial. In those latter cases, the file is not forwarded to the AAO.

Alternatively, an IV applicant who has been denied a waiver may choose to submit a new waiver application. In those cases, the applicant would phone the Call Center and schedule a new IV interview with the consulate. If they are once again found inadmissible, they can start the waiver process over again. Be aware that clients who were found inadmissible for more than one year of unlawful presence under 212(a)(9)(B), and who returned illegally to the United States, will have triggered the 212(a)(9)(C) inadmissibility ground and thus be ineligible to file a waiver for ten years. Please communicate with the USCIS via their special e-mail address. An officer in the Mexico City will respond to the question. The turn around for a response is between one to two weeks. Additional supporting documentation for a pending waiver application should be mailed to USCIS, P.O. Box 9896, El Paso, TX 79995. Do not use the new State Department inquiry system for any communications with the USCIS.


STATE DEPARTMENT (Visa Division) UPDATE

New Consular Offices. The consulate completed its move into a bigger and more modern facility in November 2008. The waiting room is much larger and contains 87 windows where immigrant visa (IV) and non-immigrant visa (NIV) applicants can speak to consular officials and pass documents back and forth. The new facility will make it much easier for the consulate to process visas, conduct interviews, and accommodate the increased demand for visas, as well as for U.S. citizens' services. All of the various consular and USCIS offices are now housed together in this new compound, which is located a little bit farther into Cd. Juarez (seven miles from the Port of Entry). The consulate is still undergoing a "breaking-in" period with the new facility, so expect some minor changes or even conflicting information regarding local procedures for a little while longer.



Ms. Dogu is working toward a one-hour, door-to-door customer service goal. This means that the applicant would ideally be admitted to the consulate and interviewed within one hour.



Caseload. The consulate continues to be the largest and busiest IV post in the world. In fact, it processes about the same number of immigrant visas as the next three busiest consulates combined. For the last fiscal year the consulate processed approximately 150,000 IV applications, which is a substantial increase over the prior year's total. That translates to between 600 and 1,000 IV applicants/day. By increasing staff and concentrating efforts during a six-month period, the consulate was able to eliminate a 45,000 IV backlog by March 2008. The consulate is now "current," meaning that the National Visa Center (NVC) is able to schedule visa interviews as soon as that office has completed its case processing. For this fiscal year the consulate anticipates processing between 130,000 and 140,000 IV applications.


Procedures. Appointment interviews are now spread throughout the day, rather than scheduled in two chunks. The consulate discourages applicants from coming to their IV interview before the allotted time on the interview notice. There is no benefit to arriving early since applicants will be admitted only at the designated hour. The consulate waiting room can accommodate all of the applicants assigned to that time slot. Please do not bring any other family members to the consulate interview, since they will not be allowed past the gate. If they accompany your client to Cd. Juarez, please tell them to wait at their hotel or perhaps shop in the mall across the street. Only the IV applicant is permitted to attend the interview, unless other family members are specifically identified and requested by the consulate. Minor children applying for immigrant visas should be accompanied by a parent. Attorneys and representatives are never allowed to attend the interview.



The consulate recommends that the family check into their hotel and store their personal belongings before doing anything else. There have been incidents where vehicles have been broken into and luggage has been stolen.



In November 2008 the consulate began working with DHL, the private carrier service company, for delivery of the immigrant visa to the applicant after their issuance. In the near future, all immigrant visas issued by the consulate will be delivered by DHL. After the interview, the client should return to his or her hotel, call DHL, and determine if their visa is ready for pick-up or delivery. If there is an error on the visa, applicants can either send it back to the consulate through DHL or bring it to the Information window at the consulate.



There are two medical clinics that perform the necessary examinations; one is located across the street from the new consulate while the other is still located across the street from the old consulate, although it will be moving to the new neighborhood soon. As a result of guidelines from the Center for Disease Control regarding screening for tuberculosis, applicants aged between 2 and 14 must receive a PPD skin test as part of the medical exam. The panel physicians need 72 hours to read the reaction to the skin test. Therefore, applicants with children in this age range must have the medical exam conducted at least four days prior to the scheduled IV interview to allow time to obtain the results.



Beware of touts and other people working on the streets near the consulate who are offering interview preparation services. In some cases they masquerade as State Department employees; in others they offer form completion, such as affidavits of support or waiver applications. Discourage your clients from dealing with these individuals, since they are often committing fraud.



Please remember that the Western Hemisphere Travel Initiative, which will require U.S. citizens to have a passport to travel to the United States from Mexico, goes into effect on June 1, 2009. Apply for passports before traveling to Mexico. U.S. citizen family members who will be traveling to Cd. Juarez with the IV applicant should go to the State Department website travel.state.gov and register prior to leaving. That will facilitate further contact by the consulate should an emergency develop or someone in the United States needs to contact them.



Adopted Children and Stepchildren. Children who are being adopted in Mexico must receive a final, irrevocable adoption decree. The consulate will not accept the revocable decrees that are issued by some Mexican states. The consulate may request in certain cases that the natural parent attend the stepchild's IV interview. Even though the USCIS has approved the I-130 petition and found the marriage establishing the stepparent-stepchild relationship to be valid, the consulate still has the right to interview the natural parent to confirm the relationship. This would occur, for example, when the child provides conflicting information about the natural parent and stepparent's relationship. The consulate recognizes that this has caused a hardship in some cases where the natural parent is residing in the United States, is out of status, and is reluctant to return to Mexico. The consulate prefers to try to resolve such cases locally rather than returning the I-130 to the USCIS for further investigation.



Grounds of Inadmissibility. There are no waivers for false claims of citizenship made on or after September 30, 1996, although there is one narrow exception. INA § 212(a)(6)(C)(ii) does not have an intent requirement and does apply to minors. Nevertheless, children under age 18 will not necessarily be found to have triggered the ground of inadmissibility in INA § 212(a)(6)(C)(ii). That finding will be based on the age of the child and the specific circumstances. Most of these cases are now being sent to the Visa Office in Washington, DC for an advisory opinion.



Although children under age 18 cannot accrue unlawful presence for purposes of triggering the three- or ten-year bars under INA § 212(a)(9)(B) when they leave the United States, they can accrue unlawful presence for purposes of the "permanent" bar under INA § 212(a)(9)(C)(i)(I). That bar applies to aliens who accrue more than one year in the United States, leave the country, and then return or attempt to return illegally. Those persons must remain outside the United States for ten years before being eligible to file a Form I-212, "Permission to Reapply for Admission." The exception to accruing unlawful presence that applies to children under 18 for the three- and ten-year bars does not apply to that separate bar. It means, for example, that a child who was brought into the United States illegally at an early age, resided here after April 1, 1997 for more than a year, was taken back to Mexico, and then at a later date returned or attempted to return illegally, has tripped this "permanent" bar.



There is an exception to affidavit of support requirement where the intending immigrant has already acquired at least 40 qualifying quarters of Social Security coverage. Even if the petitioner/sponsor has submitted a Form I-864W in these cases, and the NVC has reviewed that documentation and forwarded it to the consulate, the consulate has in some cases requested a joint sponsor. Due to public charge concerns, the consulate has looked behind the documentary submission of Social Security coverage and questioned the worker's earnings record or ability to support the intending immigrants. The consulate encourages applicants in those cases simply to comply with its request for a joint sponsor rather than challenge their decision. [Editor's note: while the public charge ground of inadmissibility in INA § 212(a)(4) still applies in those cases, the income of the I-130 petitioner should be irrelevant in cases where the affidavit of support requirements have been waived pursuant to 8 CFR § 213a.2(a)(2)(ii)(C). There is apparently no authority for requiring that the petitioner pass an income test after INA § 212(a)(4)(C)(ii) has been satisfied through the accumulation of 40 qualifying quarters. However, as Ms. Dogu points out, it is often more expedient to obtain the joint sponsor agreement rather than challenge the consulate's decision. In trying to secure this joint sponsor, it may help to inform the potential sponsor that the I-864 contract will terminate the moment the intending immigrant obtains LPR status due to the 40-quarters exception. In other words, the affidavit of support will never go into effect.]



Fiancé(e)s applying for a K-1 visa or spouses of U.S. citizens applying for a K-3 visa must file a Form I-601 waiver form if they are found inadmissible for fraud, unlawful presence, or a crime-related ground. Although the nonimmigrant waiver standard under INA § 212(d)(3) is more relaxed and generous than that for IV applicants, these applicants are treated as if they were applying for an immigrant visa and must demonstrate extreme hardship to a qualifying relative. If the case involves a K-1 fiancé(e), before beginning that waiver process the consular officer should first satisfy himself or herself that the petitioner was or is aware of the ineligibility and still wishes to pursue the marriage. If not, the petition should be returned to DHS and no waiver process commenced. In their cases, the consulate requests a signed letter from the petitioner.



Clients who have been granted voluntary departure (in lieu of deportation) by an immigration judge will be provided documentation to that effect by Immigration and Customs Enforcement (ICE) officials. Voluntary departees in Cd. Juarez should check in with ICE officers at the consulate to verify that they departed within the required period of time. In other locations around the world they may deal with the consular section.



Processing of Derivatives. Where the principal beneficiary in a preference case has adjusted status in the United States and the derivative beneficiaries in Mexico will need to consular process, the principal beneficiary has been instructed to file a Form I-824 with the USCIS that approved the adjustment. That form will be approved, sent to the NVC, and then forwarded to the consulate, which will commence IV processing. The consulate used to allow the LPR parent in that situation to send proof of having adjusted directly to the consulate and bypass the I-824 and NVC. They have ended that procedure; all derivatives in those cases must now go through the I-824 process. In cases where the principal beneficiary consular processed in Cd. Juarez and derivatives are following-to-join, the applicant should contact the Call Center to determine the location of and information in the file. In cases such as that, it is unnecessary to file an I-824. In those cases the consulate should be able to schedule them locally for an interview.



On derivative cases where a child is not included in the visa forms sent from the NVC, due either to agency error, a failure to include the child's name on the I-130, or because the child is after-acquired, contact the NVC and have that office re-send the fee bill and forms. If the derivative and the principal for some reason have separate files, notify the NVC and/or consulate and it will cross-reference and merge the files so that the family members can attend the same interview.



NVC Forms. The NVC sends the Choice of Agent form to the IV applicant and/or I-130 petitioner. This form must be signed by the IV applicant himself or herself and designate the person who will receive further communication from the NVC. Similarly, according to the consulate, only the IV applicant, not the agent, can sign the IV application, Form DS-230 Part 1, which is downloaded and submitted later.



K-3 versus IV. The consulate has also eliminated the backlog of K-3 applications filed by U.S. citizens on behalf of spouses residing in Mexico. If the consulate has started processing for the nonimmigrant visa and it receives the IV file from the NVC (approved alien relative petition and accompanying forms), it will cease all processing for the K-3 visa and proceed only with the IV application. The prior policy was to allow the applicant to choose between receiving the K-3 or the immigrant visa.



Communicating with the Consulate. Applicants, practitioners, and congressional representatives may communicate with the consulate in one of two manners. They should use the Call Center for all matters regarding scheduling/re-scheduling/expediting of the visa interview or regarding the interview process and visa eligibility requirements. That number is 1-900-476-1212. If calling from Mexico, dial 01-900-849-4949. For questions regarding an ongoing case where the applicant has already been interviewed, use the new electronic inquiry form. This can be found on the consulate's website at http:/ciudadjuarez.usconsulate.gov/feedback-form.html. The form asks for the inquirer's name, e-mail address, phone number, and an affirmation that the inquirer has been retained to represent the IV applicant, including the inquirer's state bar number (if applicable). Include the IV applicant's case number and select from a list of options (e.g., requesting information on a visa denial; requesting the status or providing information on a pending case). Then type in the specific inquiry. A special Communications Unit with three full-time staff has been assigned to answer these inquiries, and they have a goal of responding within five business days.

(Link to Dec. 2007 Charles Wheeler CDJ Update)

[kitkat1]

http://www.aila.org/content/default.aspx?docid=22200

New Pilot I-601 Waiver Adjudication Program
Ciudad Juarez, Mexico
American Consulate

Over a month ago, the USCIS Ciudad Juarez Office, in conjunction with the US State Department implemented a new pilot program to provide same day adjudication of many I-601 Waivers of Excludability. For intending immigrants that require consular immigrant visa processing and have also been found inadmissible by a consular officer, they are often allowed to file a waiver to overcome various immigration and criminal violations, and health related inadmissibilites.

((Outdated information related to Infopass scheduling system deleted))

An USCIS Adjudications Officer will review the waiver and supporting documentation at the time the waiver applicant files it with the US Consulate. The officer may at his or her discretion approve the waiver at that time or it may be referred for further review and final adjudication. The waiver applicant will need to demonstrate that his or her United States Citizen/Permanent Resident spouse or parent would suffer “extreme hardship” should the applicant not return to the US. All required security checks would be made and reviewed before approving the waiver and issuance of the immigrant visa.

Warren Janssen, the Officer-in-Charge of the USCIS Cd. Juarez office stated, “this ground making pilot program makes sense and ensures that qualifying immigrants return to their families without unnecessary delays. Those applicants that file a well prepared I-601 and who otherwise do not have any serious adverse issues to be addressed will, in many cases, be approved and be able to receive their visas on the same day.” Approved waiver applicants will normally be issued their immigrant visa on or the next business day depending on US Consulate workloads and schedules. Referred waiver applicants will be advised that a final decision will be made on their waiver at a later time and they will be notified via mail to their U.S. address provided on the waiver. The waiver applicant must remain outside the U.S. while their waiver is pending.

USCIS has also taken steps to eliminate the current I-601 waiver backlog by proving the Cd. Juarez field office with additional resources. Those immigrants that have pending I-601 waivers with the Cd. Juarez field office will be notified via mail of their decision.

((Beginning December 17, 2007, persons wanting to schedule an appointment to file their waiver application through the CDJ pilot program will no longer be using InfoPass. Instead they must telephone the Call Center (900-476-1212 from the United States or 01-900-849-49-49 from Mexico). To use a credit card, call 800-919-1754 from the United States or 01-477-788-70-70 from Mexico. The call-in appointment service should be able to schedule these appointments much more efficiently than the prior InfoPass system and handle a larger volume of applicants.))

[dduran]

General Information

USCIS 1-800-375-5283
NVC 603-334-0700 (dial 5 for the operator)
NVCinquiry@state.gov
General Information from visa office: usvisa@state.gov
For inquiries about visa cases and the application process call (DOS): 202-663-1225.
(Note: The department of state (DOS) does not have the most reliable or up-to-date information on location of waivers of status of adjudication)



CDJ Contact Information:

In order to submit the I-601, you must first call the Teletech Call Center. Call one of the telephone numbers below. Please tell the operator that you are filing an I-601 waiver.

Call and pay for the service via your phone bill
Within Mexico: 01-900-849-4949 ($12 Mexican pesos per minute)
Within US: 01-900-476-1212 ($1.25 USD per minute)

-or-

You may pay a flat fee by Credit Card
Within Mexico: 01-477-788-7070 ($57.50 Mexican pesos per call payable by Visa or MasterCard plus a charge for the long distance call)
Within USA: 1-800-919-1754
($7.00 USD per call payable by Visa or MasterCard)

-or-

Purchase a PIN for $10 USD at any Banamex Bank and then call
Within Mexico: 01-800-112-8500

CALL CENTER HOURS OF OPERATION
Monday-Friday 7am-9pm
Saturdays, Sundays and Holidays 9am-3pm

The caller must have the CDJ case number(s) of each applicant available when he/she calls.
From within Mexico, complaints about the 01 900 service can be lodged at: 01-800-719-2525.

Address for sending in additional evidence for a backlogged I-601 waiver:

U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
P. O. Box 9896
El Paso, TX 79995-9896




Address for requesting a new visa interview in order to re-file an I-601 after an initial I-601 denial:

Officer in Charge - CDJ/CIS
American Consulate General
Ciudad Juarez
P.O. Box 10545
El Paso TX 79995-0545

CDJ Consulate Fax:
011-52-656-616-9027
011-52-656-616-5347
011-52-656-616-9056

E-mail cdjimmigrantvisas@state.gov
Mexico.Uscis@dhs.gov
(Note: e-mail is no longer a reliable or effective way to get information from the Consulate).
http://ciudadjuarez.usconsulate.gov/


To check on the status of a pending I-601 Waiver

1-202-282-8000 Free
1-202-663-1541 Free

[Jardinera]

Por Paula Díaz Diario HOY 213.237.4582 pdiaz@hoyllc.com

viernes, agosto 10, 2007

Los Ángeles -- El Servicio de Ciudadanía e Inmigración (USCIS), en asociación con el Departamento de Estado, ha puesto en marcha un programa piloto en el consulado de Estados Unidos de Ciudad Juárez que provee la aprobación de la forma I-601 Perdones de Exclusión (Waivers of Excludability) el mismo día de solicitarlo. Esto permite que, de ser aprobado, el solicitante pueda obtener su residencia al momento de presentar el formulario. En un articulo publicado en HOY el jueves 2 de agosto se explica el nuevo proceso basado en el caso de Adriana Rodríguez, una inmigrante mexicana que se casó con un ciudadano estadounidense y viajó a Ciudad Juárez para solicitar el perdón por haber ingresado al país ilegalmente. Rodríguez entregó el documento el 18 de julio, le fue aprobado ese mismo día y regresó a su hogar a este lado de la frontera. Antes del programa piloto, la aprobación de un perdón se tomaba entre 10 y 12 meses. Debido a las inquietudes e interrogantes expresadas por lectores sobre este programa, HOY converso con Warren Janssen, Oficial Encargado del USCIS en Ciudad Juárez, para que profundizara más sobre el tema:

¿Cuál es el promedio de perdones aprobados?

Nosotros aprobamos un promedio del 55% de los perdones que recibimos a través de este programa. El otro 45% son referidos, no los negamos, a nuestra oficina regular donde deben seguir el proceso previo y en donde le damos al solicitante una segunda revisión y la oportunidad de aclarar cualquier problema o someter evidencia adicional. Al terminar, nosotros le informamos a la persona por correo, lo que toma entre 10 y 12 meses.

¿Cuándo se inició el programa piloto y cuándo concluye?

Se inició el 6 de marzo de este año y no hay planes para terminarlo en este momento. Es un programa piloto, lo que significa que no es permanente, pero queremos estar seguros de que esté funcionando correctamente, antes de tomar la decisión de dejarlo permanente.

¿Cómo puede una persona obtener información del programa?

Como es un programa piloto, el USCIS no lo ha anunciado oficialmente al público. Primero queremos asegurarnos de que esté funcionando correctamente, pero las personas que han sido notificadas por un oficial consular de que necesitan un perdón han recibido instrucciones en español y en ingles de lo que necesitan para obtenerlo.

¿Si la persona ingresó al país ilegalmente, debe salir del país antes de solicitar el perdón?

La mayoría de las personas que entraron sin inspección, no todos, si quieren un ajuste a su estatus para ser residentes permanentes, deben salir del país e ir a un consulado para recibir su visa.

Si una persona se caso con un ciudadano por un año o más y no ha iniciado un proceso por temor a ser arrestado o deportado, ¿qué opciones tiene? ¿Puede ser elegible para este programa?

No importa si han estado casados por un día o por 10 años, nunca es tarde para iniciar su petición y su documentación. Por su puesto es mejor hacerlo siempre lo más pronto posible, esa es siempre nuestra recomendación. Si la persona ingresó a Estados Unidos con una visa, fueron inspeccionados y admitidos, pueden ajustar su caso sin salir del país. Hay algunas excepciones para las personas que entraron al país sin inspección y no fueron admitidos por un oficial de Inmigración, la más grande es para los niños menores de 18 anos; generalmente, ellos pueden hacer su ajuste sin salir del país.

Las personas que solicitaron el perdón por el proceso anterior, ¿pueden cambiar al programa piloto?

Si solicitaron el perdón antes del 6 de marzo de este año bajo el viejo programa regular, no hay manera de que las personas puedan tomar ventaja del nuevo programa. No tenemos los recursos y no tenemos cómo incluirlos en el nuevo programa. Eventualmente, una vez que terminemos de procesar a los que están en espera, que archivaron el perdón antes del 6 de marzo, entonces decidiremos y todos podrán ir a través del nuevo programa.

¿La información que es sometida por un inmigrante, en el caso de ser negado, puede ser usada como evidencia en algún proceso en su contra?

Cualquier clase de información o evidencia que sea descubierta o entregada por cualquier fuente se puede utilizar en contra de alguien en procedimientos de deportación o cualquier otro tipo de proceso administrativo. Esto sucede a veces. Cuando alguien entra para su entrevista, le tomamos huellas digitales y conseguimos resultados del FBI. También hacemos otros chequeos de seguridad y hay cosas que aparecen - información adversa o negativa - y esto podría causar que no reciba el perdón o sea negado.

Hay personas que temen salir del país a presentar un perdón porque pueden recibir un castigo, ¿puede suceder?

Hay diversas penas para diferentes tipos de violaciones, pero la violación mas grande que los nacionales mexicanos tienen es haber entrado a Estados Unidos sin la inspección y quedarse viviendo seis o más meses sin documentos o autorización. Por eso, cuando salen de Estados Unidos para conseguir su visa a México, en Ciudad Juárez, pueden están sujetos a una pena de tres a diez años si el perdón no es aprobado. El tiempo del castigo depende de la violación.

¿Se puede consultar a un abogado en inmigración sobre este programa piloto?

Muchos abogados conocen el programa. Yo he hablando con muchos y he dado presentaciones en la Asociación Americana de Abogados (AILA). Así que ellos saben y pueden explicarles a sus clientes que necesitan hacer para solicitar el perdón. También muchas oficinas de congresistas y senadores conocen del programa y pueden dar información y asistencia a los interesados.

Nota: El sistema para solicitar una cita bajo el Infopass ha cambiado a partir desde Diciembre del 2007. Antes, las citas eran solicitadas por en internet. Ahora, se requiere llamar al consulado al (900-476-1212 en los EEUU o 01-900-849-49-49 en México). Para los que desean usar una tarjeta de crédito deberán marcar al (800-919-1754 en los EEUU o 01-477-788-70-70 en México). Pueden marcar desde el momento que recibe su notificación de su entrevista. No se desanime o agobie si no que marcar varias veces. Después de hacer la cita recibirás una confirmación por correo electrónico. (Para ver un paso por paso del proceso por favor lea la publicación de usuariaLaura "Help! My significant other is "illegal" - What do I do?" La sección de abajo es una traducción completa del proceso paso po

[All4Love]

FYI: We received the following e-mail today (I guess because we registered our travel) - no surprises - but at least it's finally "official":

Warden Message: Opening of New Consulate General Building

The United States Government has concluded the construction of its new Consulate General compound in Ciudad Juarez, Chihuahua. The new facility represents the strength and friendship between the United States and Mexico.

Public services at the current office on Ave. Lopez Mateos will cease at close of business on November 6, 2008. Services will resume in the new building on Wednesday, November 12, 2008. Emergency services for Americans during this time can be arranged by calling 011 52(656)327-7877. Visa information and appointment scheduling will not be effected by the move and can be accessed in the same way as currently.

Beginning November 12, 2008, you may reach us through the following telephone numbers:

General information for American Citizen Services: 011 52(656)227-3000

American Citizens (emergencies after business hours): 011 52(656)327-7877

Visa information and appointments (from Mexico): 01-900-849-4949
(from the U.S.): 1-900-476-1212

Address:



Paseo de la Victoria #3650

Fracc. Partido Senecú

Ciudad Juárez, Chihuahua C.P. 32543





Directions coming from El Paso:

· Take Bridge of the Americas

· Turn left on Hermanos Escobar Av.

· Turn right on Lopez Mateos Av.

· Turn left on Ejercito Nacional Av.

· Turn right on Paseo de la Victoria Av.

· The new Consulate will be on your left

Directions coming from South:

· Take Panamericana Av. (Av. Tecnologico)

· Turn right on Teofilo Borunda Av.

· Turn left on Paseo de la Victoria Av.

[Laurel Scott]

They are up and running at the new location in CDJ. Here are some hotels in the vicinity:

Ciudad Juarez Hotels

Camino Real Hotel**
single/double
Blvd. Teofilo Borunda No. 6941
(656) 227-6300
www.caminoreal.com/cd_juarez/main.php

Fiesta Inn Hotel
single
Paseo Triunfo de la Republica No. 3451
(656) 686-0700 (656) 686-0701
www.fiestainn.com

Hampton Inn
single/double
Blvd. Tomas Fernandez No. 7770
(656) 227-1717 (656) 227-1710
www.hamptoninn.com

Hilton Garden Inn**
single/double
Av. Tecnologico No. 3750
(656) 629-0994 (656) 649-0301
www.juarez.gardeninn.com

Holiday Inn Express
single/double
Paseo Triunfo de la Republica No. 3745
(656) 629-6000 (656) 629-6020
www.hotelesmilenium.com

Holiday Inn Express & Suites*
Standard Room
Paseo de La Victoria 4202
(656) 692-5100 (656) 629-5101
www.hiexpress.com/juarezmisiones

La Quinta Inn & Suites*
single/double
Ejercito Nacional #8211
(656) 648-0200 (656) 648-0101
www.LQ.com

La Playa* (Old site info)
Paseo de La Victoria
656-611-4408
www.hotellaplaya.com.mx

Lucerna Hotel
single
Paseo Triunfo de la Republica No. 3976
(656) 629-9900 (656) 629-9917
www.hoteleslucerna.com

Maria Bonita Hotel & Suites
single
Av. Perez Serna No. 1721
(656) 627-0303 (656) 627-0303
www.hotelesmariabonita.com

Microtel Inn & Suites*
Standard Room
Paseo de La Victoria 4150-E
(656) 629-4050 (656) 629-4051
www.microtelmexico.com.mx

Quality Inn*
single/double
Av. Paseo de La Victoria #3508
(656) 688-6000 (656) 688-6000
www.choicehotelsmexico.com

* Located within walking distance of the new consulate
** Located within a short taxi ride from new consulate.

[Irie]

Thank you ggomez11 for putting this together.

Waiver packets are no longer picked up inside the Consulate. When you attend the waiver appointment, you will be asked to pay the $545 waiver processing fee and will turn in your waiver. You will then be asked to go to the DHL window located within the Consulate, where you will pay $8 and receive a tracking number.

Once you leave the Consulate, you can track the status of your waiver by going to: www.dhl.com.mx On the far right side of the page is a red announcement that says "Rastree su Envio." Enter your tracking number in the box below this announcement, and press the yellow “Rastrear" button.

If you get a white screen that states that there is no information for that tracking number, it means that the DHL office within the Consulate has not yet received your waiver packet.

Within a few hours after submitting your waiver, you should see a message that reads "Información del envío recibida." This DOES NOT mean that your waiver packet is ready for pick-up. It simply means that the Consulate reviewer has made a decision about your waiver, and has given the completed packet to the in-Consulate DHL.

It usually takes from 1-7 days (with 2 being average) AFTER you see this “Envio recogido"message on the DHL website for the package to be delivered to the Avenida Mateo Lopez location where you will be able to pick it up.

If you are tracking your packet via internet, you'll know that it's ready for pick-up when the website says: "Envio en DHL A la esperada a ser recogido por el destinatario segun solicitud."

If you don't have internet access, you can call DHL at 01-800-7656-345 or 656-611-3451 and give them your tracking number so that they can look up your packet pick-up status in their database.

The DHL pick-up office is located at: Av. Lopez Mateos 2050 L 5-a Centro Comercial El Pa
Juárez, Chihuahua, 32000 Ciudad Juárez Centro.

DHL hours are 9am-6pm Monday-Saturday. However, some members have been able to pick up their packets as early as 8:30am and as late as 6:30pm.

Also, if you want to see the DHL tracking site in English, you can click on the "EN" button on the far right middle section of the page where it says "Idioma." Or you can simply go to: http://www.dhl.com.mx/publish/mx/en.high.html

All of the taxi drivers near the Consulate know how to get there, but they will probably charge you upwards of $20 USD round-trip to go there (it's only about a 5 minute drive from the Consulate). You may be better off seeing if your hotel has a free shuttle to DHL, as several near the Consulate do.

Once you get to DHL, you wait in line with your tracking number paper. You give this number to the DHL attendant, and they will give you your packet. A thick packet is an approval, as it will include the original waiver that you submitted, your passport, and the approval letter. On the bottom right hand corner of the packet will be instructions about which bridge (Cordova or Zaragoza) you will need to cross to re-enter the U.S. You can cross the bridge immediately, or wait up to 90 days if you wish.

A thin packet is a referral (aka backlog), and it will only contain your passport and the referral letter. As of February 2009, referrals are taking from 13-15 months to be processed, so you will need to stay in Mexico until a decision has been reached. It is strongly encouraged that you send in additional hardship evidence in order to increase your chance of an eventual approval.

If, 2 days after submitting your waiver, you do not see any information for your tracking number on the DHL website, you should call DHL to see if the package has been misplaced. If they don't have any information for you, you should go back to the Consulate and inquire about your packet at the Information Window.

[Jardinera]

Simply-Heartfelt's Consulate Area Google Map with Important Landmarks

[Jardinera]

Things to Do Before you Leave (THANKS ggomez11 for all this information!!!)

1. Be sure to get Mexican auto insurance. Auto theft is a major problem in Mexico, and it’s definitely not a risk you want to take. Your US policy will almost definitely NOT cover you in Mexico, but if you call your insurer, they might have a good discount on Mexican insurance through a partner company. www.motormexico.com (and other sites) will give you quotes from at least 5 different Mexican insurance carriers which specify exactly what kinds of coverage you can get and for how much.

2) If you're still paying off the vehicle you plan to take, you'll need to send the lien-holder a copy of your U.S. AND Mexican insurance cards so that they can write you a letter giving you permission to take your car our of the U.S. If you own your vehicle outright, this is not an issue of course (though you may need to demonstrate proof that your title is clear and the car paid for). This is technically what you’re supposed to do, but I have heard of many drivers (including us) who were not asked for a lien-holder letter at the Chihuahua checkpoint.

3) Be sure that you get a tune-up and that your auto has a good security system. The drive is long, and can be very hot, which takes a toll on your vehicle—you wouldn’t want to be stranded by the side of the road in Mexico just because you didn’t want to spend some money making needed repairs before you left.


Getting a Mexican Visitor Visa and Vehicle Permit

If you travel any further across the border than CDJ, you will need to obtain a Mexican Visitor Visa and a vehicle permit. The vehicle permit office is impossible to miss--there's only one main road that leads south from CDJ, and you will reach a checkpoint about 15 minutes south of CDJ. This checkpoint has big signs that indicate this is the place to get your permit. The staff at your hotel will definitely be able to help you in case you want more specific info.

Once you go to the checkpoint, you will be directed to a pay-for-parking lot. You will enter a small building, where you will first need to get visas for all non-Mexicans (if your spouse is the biological parent of any kids you may have, they will be considered Mexican too). The visas are free for USCs--the officials told us we'd have to pay for them at a Banamex before we returned to CDJ, but we never did and there was no problem. You will need to show the officials passports or other ID for all people in your car.

Then, you can go to the Banjercito windows (in the same little building) and they will give you a vehicle permit as long as you have your license and registration. It's best to put the permit fee on your credit card--that way they don't charge you at all until you return. If you pay cash, you have to pay A LOT MORE up front. They will give you a sticker for you car and a piece of paper with your permit info on it.

You can also get your vehicle permit online at http://www.banjercito.com.mx/site/siteBanjer/index.jsp

One final note--once you return to CDJ DO NOT forget to return your vehicle permit. Again, you'll do it at the same clearly-marked checkpoint--all you need to do is drive through the "permit return" lane (you don't have to enter the building again), and the attendant will remove your sticker and note in his/her computer that it has been returned. If you fail to return the permit, you will be charged for a full 6 months, which I believe is several hundred dollars.


General Things to Be Aware of While Driving in Mexico

I. Some urban areas, such as Mexico City, require an additional vehicle permit for cars with foreign plates to be able to be on the roads during all hours. If you plan to spend more than a few hours driving in Mexico City or another urban area, you should go to the nearest vehicle emissions inspection office and apply for one of these special permits.

II. It’s common to be targeted by both criminals and police when you have a clearly foreign car and plates. Be sure that you park in garages/attendant-monitored lots when possible, and have a good security system. Never, ever leave valuables of any kind in your car. If you get stopped by the police, which happens often to foreigners since the police think that they can get lots of bribe money out of you, here are a few suggestions of what to do:

1) Be very polite. Explain that you are foreign and/or your spouse has been away from Mexico for a long time and is not familiar with the law.

2) Let the officer explain why he pulled you over. He will usually pull out a little rules book and supposedly show you what the infraction is. HA!

3) Once the officer has finished his spiel, tell him that you feel very bad and don't want to offend him by only giving him a 100 peso bribe (this is the standard bribe amount that you should expect to pay, regardless of the morals that you may have learned in the US), but you have already been stopped 6 times before (this makes 7) and the other police have taken all of your money.

4) DON'T PANIC. At this point, the officer will either begrudgingly take your piddly little 100 peso bribe and leave you alone, or he will tell you to follow him to the "corral" where he will promise you that you will have to pay at least $1,500 pesos to the officials there and that your car/license will be impounded for several days.

5) Again, if the latter happens, DON'T PANIC and don't offer the official more money to not take you to the corral--if you do this, you will be stopped by every other officer in that town for as long as you stay there and will end up paying them a ridiculous amount of money each time.

6) Instead, dutifully follow the officer to the "corral." Most of the time, before you get there, the officer will wave your car to the side of the road and either let you go or take the 100 pesos. Think of it as a game of chicken--you have to show that, politely, you won't back down and you're not a dumb tourist to be robbed all the time.

7) In rare circumstances, the officer will actually take you to the corral. The corral is like a junkyard where supposedly they will impound your car. If this happens, insist that you really don't have any more money but you will look through the small change that you have (which should add up to about $100 pesos). Let the officer know that you are taking his badge number and will have to report this incident b/c this is the 7th time that you have been stopped as a tourist in Mexico, this is getting out of hand, and you really, really don't have any money left.

III. Avoid the “libre” roads. In Mexico, you will always have a choice between “cuotas” (toll roads) or “libres” (free roads). Although it may be tempting to avoid the oft-expensive tolls, the libres are considered even by Mexicans to be dangerous because they are more isolated and are where there is an increased chance of crime (this, according to people and police officers we met in Mexico).

III. Have fun! Mexico is gorgeous, and there are so many beautiful roads to take and sights to see. As long as you take care of the administrative details and stay cautious, you are sure to enjoy your roadtrip.

[Freckles]

Información del envío recibida/Shipment information recieved: This just means that the applicant provided their information to DHL. The time on the top of the receipt given when the applicant went to the DHL counter in the consulate will match the time next to the status.

Envío retirado/recolectado/Shipment picked up: This means that the shipment was picked up by the DHL within the consulate.

Salida de un centro de tránsito de DHL en Ciudad Juarez - Mexico/Departed Facility in Ciudad Juarez - Mexico: This means the package left the DHL within the consulate.

Llegado a oficinas de DHL en Ciudad Juarez - Mexico/Arrived at Delivery Facility in Ciudad Juarez - Mexico: The package arrived at the pickup location.

Envío en DHL a la espera de ser retirado por el destinatario según solicitud./Awaiting collection by recipient as requested: Ready for you to pickup!

In our case, there was one more status between the last 2:

Envío en tránsito por Ciudad Juarez - Mexico/Transferred through Ciudad Juarez - Mexico: This means that the package was transferred from the Ave. Lopez Mateos to the Zaragoza location or vice versa.