Immigration processing involves complex, case-specific challenges including variable processing times (3-12 months for I-130 petitions), AI-driven visa screening that flags discrepancies and may generate requests for evidence, and the need for waivers after voluntary departure or removal. Applicants should understand their specific immigration history, as processing times vary significantly by case, and strategic preparation—including accurate DS-160 completion and understanding AI's role in case review—is essential for successful outcomes.
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Immigration Q&A @ AILA!
Added:Once the SB1 is approved, we still have to go through so much and they're like, "Goodness gracious, I wish I just directly entered with your help and that way we didn't have to go through this process." And that's the thing. If you're going through the SB1 process, presumably you left the US for some time. But if you watch our YouTube channel and in the past five years, we've helped hundreds, I think over 300 clients that have reentered the US even though they left the US for over a year.
And the most recent one was seven and a half years. My craziest one was 13 years. Right? That's just unbelievable, right? Even I still don't believe it.
But 13 years out of the country, but the officers still let them in great car. So take a good look at the arguments. Um, but SB1 is extremely difficult.
>> Can I come back after a voluntary departure?
>> Can you come back into the US after a voluntary departure? The answer is yes.
you will have to reapply a visa at the consulate and depending on your immigration history, you might need a waiver. And so that's the complicated thing, right? And so if it was a a removal, voluntary departure, how are you going to get that waiver? Do you have qualifying relative, etc., etc. That is something that you have to really think through. Maybe you have to wait the 10 years, right? Maybe you have to have an extraordinary um uh non-immigrant visa to come back, but you'll never be able to get an immigrant visa to come back. So there's a lot of things to kind of think through, but know your fact pattern, know your exact case in the US because any immigration lawyer who wants to help you analyze it, they would need your entire file.
>> Uh I'm a US citizen filed I130 for my foreign spouse on May 2025. Can I expect the I130 approval anytime soon?
>> We have seen three months to six months approvals for I130s and 45s, but we have also seen cases take nine months to for a year for these uh I130 and 45 interviews. So, it's all over the place.
We always set our client expectation that this entire process could take two years obviously could be passed.
Marriage AOS to US citizen has been pending since November of 2024. Anything I can do to speed it up?
Your US citizen should probably contact their congressman or senator because they are their constituents and say, "Hey, look, I'm married. It is my right to petition and it's taking way beyond processing." It sounds like it's almost two years now before we are hearing anything. We are seeing some cases get approved within three months to six months. What's going on? your the congressman, the senator would be able to send an email to USCIS to alert them on this um problem and USGS could end up in case much.
>> Okay, for our YouTube viewers, is this any better now the audio or does it still sound like he is deep in a hole?
Uh, okay. Our K1 has been sent to the NBC when the fiance came to the US. Uh, we plan to move to another state. So K1 yeah sent to NVC when they came into the US. We want to move to another state. Is that okay?
>> Yes. Yes. Uh you're free to move wherever you want.
>> Okay. Uh so I do want to get back to what we learned at this immigration cons. Uh okay. So it's at NVC still.
Does that change anything? So I they're separated, right?
>> U yeah I mean you can move wherever. The goal is you have to prove, you know, your relationship is real. So where you move is not the most important thing.
>> Now, uh, yeah, I'm really curious about this AI.
>> Yes.
>> Does this count as Hey, hey, William Goal. I'm here. I'm glad. Uh, how is it sounding to our YouTube? Uh, yeah. Is it true uh discretion if it's through AI?
>> Yeah. So, right now, I know the that's using AI because when I toured the Mexico consulate, they showed us how they're using it. But I think they're using it in the right way, right? People the other DS160s, but then AI uses it to scrub the information and to compare it to the the immigration industry that they know of and they flag any discrepancies. And if there are no discrepancies, they weigh the visa interview and the applicant directly gets the visa, right? No interview schedule. that makes everything much easier. But if there are one or two discrepancies, it's an automatic interview or it's it's automatic flag for a small department of people to review to decide if an interview is necessary. And more often than not, there is an interview that's required. And so that's why that's why filling out your DS160 to the consulate and applying for a visa is so important because if you do it well, it might save everybody time and effort, right? um the consulate doesn't want to do these interviews any more than you do.
>> And so what are we talking about here?
>> We're talking about people who are applying for a tourist visa or other types of visa or renewing a tourist visa that they already have. Right? Sometimes sometimes your could be waved and that's because they're using a disc there's no discrepancy no problems they could just immediately approve it. other visa categories like the E2 treaty investor visa. Well, that's probably gonna have to have an interview. If you're if you're you're applying for a green card and you're applying for an immigrant visa at the consulate, you're going to get an interview, right? No. No matter how well you file the DS260, it's mandated that get an interview. But AI still scrubs through everything and highlights information for the interviewing officer to note and to ask.
But what we're concerned about and what we're hearing from the panelists at least at this AI convention is that they are seeing requests for evidence that's generated seemingly generated by AI because a human would not write like that and use that. And we all seen AI writing and so we have a pretty good feeling that that's what they're doing.
And that doesn't seem fair even at the request for evidence stage. And if it's at the denial stage, that is even worse.
Meaning, if you submit your application for anything, for green card, for citizenship, for for your extraordinary ability, you know, category visa, you submit it, if a human being did not look at it, AI scrubs through it, gives a request for evidence, you respond to it with a stack of documents, and then AI scrubs it again and sends out the den saying, "Sorry, you do not qualify."
That is really concerning. Now we are getting to the age of well what's the difference between a human looking at it doesn't quite believe you copies and past something from word into the system and sits at the now isn't that roughly the same as AI I would argue no at least a human mind went through that process a faulty human mind nonetheless democracy and our society depends on humans and it's okay if there are incorrect human judgments but once we have AI completely over that's problem now that's why I'm so shocked by what kind of are saying that you know AI might be doing this. um if they're adjudicating things like I9 ID extensions uh very basic things and they're just checking the forms maybe I'm a little bit more okay with it but still everything requires discretion and if AI replaces an officer that is not right um again this is just anecdotal things that we're hearing but that is one of the the most shocking thing that I've learned at a in a long time and a solution doesn't quite work in my mind right the solution is don't file online file physically, but I mean they still scan it and still in the datab.
>> Will they issue working permits for spouse with adjustment of status?
>> Will they issue work permits for spouse?
>> Uhhuh.
>> Will they issue working permit for spouse with adjustment of status? And if so, when?
>> Work permits and travel per typically take four up to six months at what we're seeing here in California. In other country, it might be a little faster and a lot of times they might skip it completely and just issue the green card. We've just heard from our Florida colleagues. I spoke with two Miami attorneys on this adjustment status issue and they're seeing their processing time between three to six to eight months and most of the time skip the work permit, travel permit and just directly go to green card. Several of our co California colleagues including myself routinely see cases that take more than eight nine months and work permits and travel permits issued maybe around six months. So all around the country different processing time and therefore different advice to different clients.
>> Can you tell me how tornadoes form please? I really want to know.
>> I wish I knew too.
>> So you can't? No.
>> Have you seen any advanced parole being approved for DACA?
Yes, advance approved successfully leave the country obviously but success coming back into the country much more important and I haven't seen at least from our office for sure and from our colleagues I haven't heard of advanced world being denied entry into the US or typically they'll call right >> oh about the moving uh don't forget AR11 if you move >> y AR11 is a great tool you always want to update um with that being said I haven't seen much push back from the government finding people um if you didn't update your AR11 in time that you're supposed to do it immediately.
But yes, anytime you move definitely fill it out less than five minutes.
>> What is the extreme criteria that the officers think that is proof of a bonafide marriage?
>> If you're talking about you have a higher standard of proof in your application because you had a prior asylum. So most cases when it's just married to a US citizen, you have to just be preponderance of evidence.
Meaning if your application is 50% below, more likely than not, okay, we'll prove your case. But if you have an asylum case in the past, now it's not just preponderance of the evidence, not just, oh, I need to more likely than not, not 50%. Now you need to be like 90 98% that it has to be 100% real, uh, indisputable, right? So if you're talking about like well what is that indisputable you know slam dunk proof and a single proof that is both sufficient and necessary in order to well not say not but sufficient in order to completely win your marriage case even though you have a high standard proof I wouldn't even say one kid is enough most officers probably grant you you know if you have a birth certificate with both parents name on it that's probably enough but I've seen officer still ask detailed questions about like wow that's insane.
If you really want to say detailed indisputable proof probably everything else that people do and then like you donate an organ or you save the person's life or you don't like a documentary you know like something that's so crazy that the officer doesn't need anything else.
Most people don't have that. And so you have to work with what you and there is rarely anything that's necessary or sufficient.
You have to help the officer understand your situation. Not everybody's wealthy.
Not everybody's religious. Not everybody's political.
People have different lifestyles. Not everybody's straight. Not everyone's gay. Everybody have different lifestyles. Help the officer understand in your situation, your life, that this is the love that you have. But this month, you have this person and that should be more than >> RP says, "I'm in the Midwest and I had joint horse adoption papers. I think that won my case."
>> I Wow, that's amazing. Yes.
>> Is that the first uh you've heard of that?
>> That's the first that I've heard of it, but makes sense.
>> Yeah. Uh, can I not claim my 18-year-old child on taxes so that FPL is lower, or is that a bad idea?
>> I don't know. I haven't really thought through that, but yeah, good question.
>> FPL.
>> Uh, I like the tie. Very sharp.
>> Very beautiful.
>> Uh, I'm a permanent resident. Green card holder. Renewal. My re-entry permit last year, October 18th, 2025.
>> Say that again.
>> Permanent resident.
>> Yeah.
>> Renewal my re-entry. So, renewed my re-entry permit last year, October 18th, 2025. Okay. Any thoughts?
>> Uh, it takes about a year and a half right now. So, we were seeing a lot of cases taking a year and a half or longer. Uh, 16 months I think uh we're seeing sometimes now or or even longer.
So, it's just in processing.
>> Are you a con artist?
>> Thank you for the flattery.
>> Oh, federal poverty federal poverty level must meet 125% during the green card after K1 marriage.
Are you saying by adding your kid to your tax return when you file a case uh you get when you file the higher tax return you get more credit but will that harm your immigration case? I mean, if the public charge rule for USCIS was updated last year, I believe August, we did a very detailed video of the public charge rule, and they're looking very in depth into it. In the past, the denial rate for somebody that on public charge is like extremely low. There's it's like in the double digits for all of the United States. It's extremely low, like probably less than 2% or something like that. That's what pissed off Donald Trump a lot because he thinks a lot of people should deny public charge. So the big amendment regarding public charge is that now even if you do meet the party, even if you have a job sponsor, it might still not be enough based on discretion.
So based on what you said, does it lower your chance? Yes. But look at everything else. Use their memo to your best advantage.
They look at your health. If you are extremely fit and healthy and able to work, well, having an extra dependent might not harm you as much. If you are highly educated, if you held a job for an extremely long time, if you have great Yelp and Google reviews, if you have letter of recommendations from your employers and customers, those all can help you, right? So, I think holistically look at everything. If you are way past the threshold of public charge, I wouldn't worry about it. And honestly, since that memo came out in August of last year, that caused huge waves in the immigration community.
Everybody's like stressed and worried that US start denying a bunch of cases based on public charge. Up till now, I haven't seen a single case get denied on public charge.
So take that with a grain of salt situation. But most likely uh when you review everything if you feel you're well above the 125% guideline you have a lot of things going for you. We have assets income don't worry about adding the kid.
>> Do you have a JD or an MBA?
>> I have a JD. Our firm have many uh MBA uh legal writers have >> on the this public charge issue. A lot of people forget that they already have 40 SSA credits already that should bypass public charge. Um yes that u you know uh most often I see a lot of Indian nationals people who are on H1B people who have worked in the US for a long time then they have the 40 credits but many other people who are foreigners out of the country they might >> is there a time limit that you have to file for an LLC while your digital business is actively generating income >> for immigration purposes or for not sure. Um, yeah, it depends on I guess which visa category because a lot of visa categories even allow for sole proprietors, believe it or not. So, you don't even have to use an LLC or a CC corp or escort. Can't do an escort if you're a foreigner, but you know, CC Corp or LLC just do a sole proprietorship, right? What can a person who is in asylum who oh who asked for asylum asylum is denied and they're in ICE detention what can they do to stay in the US? We don't do asylum. We don't do we don't do work. So I'm not in the best position to answer that question.
Um I will try to find out. Um I'm actively working with American Bar Association to partner with them to be able to do more work and to help people in the detention center. um at this a conference yesterday. I spent a long time with the uh ABA's nonprofit organization to discuss partnerships.
So, we're going to roll that out. So, in the coming months, we will probably prepare and now be in a better position to help answer that question. But right now, I just don't know.
>> Uh German citizen with adjustment of status, must she go back to Germany to collect that visa?
>> If you're doing an adjustment of status in the United States, you have filed a 45 application. If it gets approved, the green card will directly be mailed to you and you will have the green card and you'll never have to go to consulate hopefully ever again. But if your 45 is denied and you want to still get the green card, you might you might have to go back and apply for the immigrant visa at the consulate, get that approved, then come back in. But today's sessions, we learned a lot about, well, what if you 45 kids tonight? Should you file another 45? Should you do a motion to do a petition, do a motion to reconsider?
You know, there's a lot of things that can possibly happen. But if you are in the adjustment for status process, hopefully fingers crossed, your case will get approved and you don't have to go.
>> So there are options even if the iOS is denied so you don't necessarily have to go back.
>> Okay. Uh what else? What other big takeaways from sessions this year have you gotten? Um we there was a really interesting session talking about um influencers, content creators, gamers, streamers, Tik Tockers because there are people all over the world right now flying into the United States for the World Cup, for a lot of different things, for Olympics later on.
And that is becoming the current trend. A lot of people's full-time job is to do content creation and they have brand partnerships and they are influencers in a sense in a sense of everything they do. They are showcasing a product or a service and they get paid for it. As a tourist visa holder, as a tourist and as a visa waiver, you are not allowed to work. But in the world today, there's a new profession of content creators and influencers. when they come to the US and how often do they come to the US do is that considered work there's an indepth panel discussing that and it branch into a lot of in-depth discussion about 01s and P1s and that is something to really think about um today is probably not the right time for us to go that deep into it but if you are getting paid and you are coming to the US that is something to think about and how you want to answer really correctly to the officer. Some answers are okay. Some answers will do your case and will cause the visa to be revoked and you have to apply for a waiver later on and very >> Yeah, I definitely want to do a separate video on this to post on YouTube because there were they got pretty deep with that and there was it was kind of unexpected. Uh when you achieve your dual degree of the JD and MBA, okay, and you pass the bar exam, should you then take the CPA exam to solidify your MBA?
You know, I just went back and visited Pepperdine and I remember when I was there thinking about that because Pepperdine had a really good JDMBA program. I not many schools have both great business school and a great law school at the same time and I was this close to doing it because I like business and I do business immigration law. And so when I was doing my JD, I was like, man, should I add it on? Um, and just a couple years ago, I was really thinking about should I get my EMBA, executive MBA because I've been running our international firm for like plus years now and I got I accepted into several EMA programs.
My answer and this is very personal is that the world has changed so much since the time of what an MBA gets you.
the knowledge, the network. I feel great. There's so much that you can get and it's so much more important than a degree. License is pretty important. A degree a little bit less. So, if you are a CPA, you can write certain legal opinion letters.
As a CPA, as a lawyer, you can do certain legal opinion matters. for an MBA maybe unless you're trying to go into financing unless you're trying to go into SEC law and you might need that to analyze certain things maybe it's not that so I don't really recommend the NBA path CPA I heavily considered but ultimately I feel like in this day and age 2026 the most important thing you really need to learn and do is probably learn AI uh just like CBP and just like USCIS I guess.
>> Well, you learn how to use it as a tool and learn how to spot when somebody else is using that tool against you.
>> Right.
>> So, learning how that technology works essentially.
>> I'm a permanent resident. My green card is expired for 5 years now. I applied for my SD1 visa is approved. How? I don't know.
Yeah, but congrats. Any approval is great. I celebrate the >> Don't forget people skills. We need them more than AI or we need them more with AI.
>> With the age of AI, people skills become much more important.
>> Yeah, for sure. Uh and I mean talking about this NBA, right? How many AA conferences would an MBA with the money you spent to MBA buy you? You know what I mean?
>> Yeah. You know, here's here's a here's a clear math that I did when I was deciding whether or not to add additional master's degree because I was actually deciding adding an MBA to my JD or adding a master's dispute resolution to my JD, right? And I calculated it.
Pepperdine was going to charge me $20,000. And I thought, well, what is $20,000? It is $500 for like a long time. I don't know exactly how many years, but I just remembered it's like almost the rest of my life. if you calculate interest and investment and all that, right? So, but what is $500, you ask? Well, $500 is almost like a mini Apple product for the rest of your life. So, it's like, would I rather have this additional master's degree or would I rather have a brand new Apple product every single year for the rest of my life? And would that bring me more joy?
Would that bring me more utility? Well, I thought about it and it was a pretty easy decision on my part at that moment.
>> I don't know, right? Everybody has different ways to kind of analyze things, but nowadays how much is an NBA?
It's no longer 20,000, right? It might be 150,000. So think about that can you buy, right? You could buy all the AI subscriptions probably, right?
$20 here, $50 there. Buy all of it. If you had all the AI subscriptions, will that make you a better human being than having disagreed your call? H >> what problems can I have with CBP if I enter the US with a tourist visa but still have an expired green card?
>> I've I've seen um that be successful many many times. The biggest problem that I saw this happen uh I want to say a couple months ago. It's ridiculous actually. The client got the tourist visa, had a green card, expired, entered the country several times over many years. I want to say like three, four years. But guess what? Every single time the client came into the US, showed the passport, showed the visa officer let them in, they let the person in as a green card holder and not the B1 B2 visa. And because when we went into the system to search there was no I94. There was no record of them entering as a tourist visa >> and that was a big problem because they don't want they want to enter as a tourist visa and now they are stuck. So that's a problem that we're facing and this happens routinely when somebody has multiple identities not illegal. You can have multiple passports, you have multiple different names, you can have one person can have multiple visa. You can have a student visa and a tourist visa and you can have a green card. You probably can't have a citizenship. But you can have multiple methods to enter a country. But the officers can only allow you to enter one of them. And you need to make the officer know which one you want to enter and make sure they let you in on that, right?
>> Uh, so some follow-ups. Can you help with deferred inspection? I have a clean record and my son is US citizen over 21.
Also a little bit more applied for SB1, was denied. Classic. So I applied for B1B2 that was approved. Yeah.
>> And I was away for nine years to take care of my sick father.
>> Makes sense. And so you're coming into the country as a tourist visa.
>> But what happened with the deferred inspection?
>> Good question.
>> Most of the time when I get involved with deferred inspection is when somebody confiscates the green card. Now let's say you came in as a tourist visa and with an expired green card, but the officer accidentally admits you as a green card and you don't want that. You want your tourist visa.
Sure, I can help you go to defer inspection and say, "Officer, you let this person in a green card, you're a mistake. Please let them in as a tourist visa." But maybe you'll be like, "No, that was great. I now I got my green card back, right?" And then I apply 990, you get your green card, you know?
Hallelujah. That would be great, you know? So, uh, usually we get involved with an officer does something to you and you now need representation to get it back or change it.
>> What should I do if I want to stay after my J1 visa? I'm not applied on the two years residence.
>> Um J1 you're allowed to change status.
Uh you might need a waiver. Um and there's a lot of options for a lot of different people, right? And so look through all the different visa categories. Which one is the best fit?
Here's something that we learned I think the last conference we went to and is that J1 waivers are no longer slammed up. Even if you get the waiver, USCS might not still accept it.
And so that is something to be conscious about.
>> Okay.
>> And Joseph, do you want to talk about a success story today or you want to talk more about Aya?
>> Um, we'll take one more question because we got to go.
>> Got you.
>> Um, what has been the your favorite part of Ayah so far just these past two couple days?
>> Um, what is my favorite part of Ayah so far? I think, let me think.
There's a lot of things that I really enjoy. Um, I love the brainstorming that is happening here. I see nonprofits and other nonprofits getting together and trying to hash out exactly how to survive in this administration. Fundings are being cut to nonprofits. They don't have the the ability to staff their attorneys or their parillegals. other nonprofits that are doing pro bono, they can't do a case for 10, 20 years, right?
Law lawyers don't stay at the same law firm. You know, how do you solve that?
And I saw two nonprofits come up with this solution that the nonprofits that get with the limited funding to have as many cases filed.
They have non attorney staff prepare and file cases, but they hire the proono attorneys from another law firm to consult and to do the cases. So that mashup was a perfect solution to solve two problems given this administration.
There's a ambulance over there. Um, >> it's only getting louder.
>> Yeah, this is coming our way. So, it might be in our hotel.
Let's see. Another thing I really enjoy about a Oh, here's another one. Having gone through talked with almost every single exhibitor, I've seen these same companies for the past 10 years that I've been coming to a actually more than that been coming to AA for the past like 14 18 years. Okay.
A lot of these same vendors a lot of they they encounter the same problems and they see the same issues and they are trying to survive just like immigration attorneys and just like clients. Cases are getting denied. Cases are being challenged.
How can they evolve? They are struggling and they're coming up with creative solutions as well. And just knowing that and just hearing their solutions is eye opening because you realize it's just it's not clients who are just suffering.
Immigration attorneys are coming to these conferences sharing trade secrets with each other on how to win cases.
the vendors and these companies that help immigration, they are also trying to come up with creative solutions to help the terms. And so coming to this conference really makes you feel warm and cozy because you know you're not alone and everybody who's here trying to survive and trying to make it work and I think that is the greatest value in coming physically to this conference.
The knowledge is phenomenal. Great speakers that I'm not talking about myself talking about all the people who pour their heart and soul into something like this. of being here and being able to just sit and talk with fellow fellow practitioners and vendors, nonprofits, states, government relations, uh, full-time staff coming together and trying to figure out a path out of a difficult spot.
>> That's amazing.
>> Okay. And our final, I'm just going to squeeze one more question in. Uh, this is still on the coming back with an expired green card. Okay. Uh, will CBP pressure me to sign a I407? I don't want to be turned back, sent home, and I also don't want to be detained.
>> That's a hard question because here's what I know. CPP has formally said they don't like to force clients to sign 407s. They don't want to do 407s. It's a pain in the butt. They don't want to do, but I've seen them continue doing. So, it's a possibility. I've also seen officers ask a client to sign a 407 and the client says, "No, I don't want to sign it." And then CBP passes them over to ICE and then they get detained for over five weeks and then they have to volunteer depart and leave the country.
That was a nightmare.
I've seen that happen. I've seen officers also give I1 193s. I've seen officers do inspections. So I' I've seen the almost I guess the full gambit of possibilities.
The only thing I can think of is just to prepare your keys really, really well and choose the best port of entry. Don't choose a super strict one and within that port of entry, find the best method of entry because at every airport they have certain processes in which you might have a higher chance of success.
But if you were to ask me, Mexican border is definitely the best. Big airports are better than small. big airports that cater to celebrities and use their VIP service probably better.
You can have other experiences probably better. You can have letter RS and you have entry packages even better. We're doing everything to kind of improve your case.
But again, I think we made over a hundred videos on this entry. You check out our YouTube channel. Check out like recent entry. You can see a lot of different things. Hopefully that's helpful. We're gonna be here again tomorrow for another live and again all this important our YouTube channel probably in the next few days.
>> Take care. See you.
>> Thank you everyone. We will be here tomorrow at 6 p.m. And yes, we do. We can Okay, it's complicated. We can't represent the clients at the Mexico border, but uh well, yeah, we can because I do prepare G28 and I go talk to the officer and I prepare everything. So, um in some ways we do represent you, right? Um but check out our videos because I go I go I literally walk you through.
>> Yeah.
>> 50 plus >> a lot of videos exactly what we do.
>> And you can always book a consultation too if you want to talk.
>> Absolutely.
>> Okay. Thanks everyone. We will be live at this time tomorrow. Oh.
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