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  • lawyer or can we do it ourselves?

    I've just married and ready to file for my husband- my question is would it benefit us to get some help from a lawyer with this considering he had overstayed his original visa right before we got married or is this still something we can do ourselves-?

  • #2
    I've just married and ready to file for my husband- my question is would it benefit us to get some help from a lawyer with this considering he had overstayed his original visa right before we got married or is this still something we can do ourselves-?

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    • #3
      Please get an immigration lawyer.

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      • #4
        If you are an American Citizen, it would be relatively safe for you to file the papers yourself, unless you have reason to believe that there are other immigration violation/ infraction on the party of your hubby.

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        • #5
          Zicpe,

          You have no need to hire an immigration lawyer, it will cost you a whole lot of money, which you could have saved. Let me give you some info:

          When you are an USC, any violations which you husband had committed in the past, they are forgiven because she is an immediate relative. This includes his visa overstay, and that won't be an issue at all during the interview. However, if he killed someone, then he's going to be deported and barred for life. Just a jest..

          Here are forms which you need to file for your husband: I-130, I-485, I-765 (employment card/authorization while your paperwork is pending), I-864, G325a, I-693. These forms are available on USCIS.GOV for free, just print them, read the instructions and complete them accurately. Once you are done, make copies of each and everything that you send to the immigration offices, they are experts at losing things.

          Please include evidence (all copies, NO NEED AND SHOULD NOT notarize, USCIS accept regular copies): marriage certificate, joint-bank acc, life & car insurance policies, lease or deed of a house, pictures of you guys together, wedding pictures too will be good, credit cards statements, utility bills, and phone bills. The above are what constitute sufficient evidence of a bona fine marital relationship. All these should be in both your names or the USCIS may suspect the marriage is a fraud...
          Also, the filing fees: don't combine fees, meaning if the I-130 is $30, I-765 is $75, then don't them $105 (randon figures, immigration papers costs people some money). You should seperate these these checks, because you will be frustrating the officers, who are lazy at times.

          I am not a lawyer, but should be on in less than 3 years. However, I have friends who had to adjust their status like your husband, and I happen to learn from their cases. Don't be intimidated by the immigration officials, it is easier to file, and try it and you will be cool.

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          • #6
            What you should do is have the facts and circumstances spelled out on a piece of paper, signed, and notarized. You will need the supplement A form of I-485 along with I-130, I-485, I-693, I-864, G-325's, and all other documents supporting the valid marriage. The problem you are going to run into to is how long the overstay was. If it was over 2 years, then an immigration attorney is recommended. You will need to know the options when filing for marriage based AOS.
            "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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            • #7
              Hudson - the supplement A of I-485!? That's only for adjustment of status under section 245(i).

              -485A Supplement A to Form I-485

              Supplement to Application to Register Permanent Residence or Adjust Status that must be submitted by people who entered the U.S. in transit, without a visa, or without inspection (such as a nonimmigrant crewman or a stowaway) who have an approved petition that was submitted prior to April 30, 2001.

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              • #8
                Zicpe:

                on what kind of visa your husband entered the US?

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                • #9
                  Zicpe:
                  Just want to clarify one point. If you are a US citizen, your husband as an IR beneficiary will be able to adjust his status to that of an LPR, as pointed out by Prof. above, despite minor infractions like overstaying or unauthorized employment. However, if you know your husband has committed a crime and has been deported before, you should really consult an immigration lawyer.

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                  • #10
                    Hudson,

                    I am not sure where you got information that if someone overstay for 2 years then they need to see an immigration lawyer. Once she files the paperwork, all violations are forgiven. it doesn't matter how long he had overstayed. So, your issue on supplemental is off base and misguided, because unless you are fully aware of her husband's situation, then you shouldn't confuse her.

                    As Aneri pointed out, the forms which I outlined in my previous posting are sufficient and should be completed and send with the correct fees for the the process to work out for her. She doesn't need a lawyer to do anything for her, she can do it by herself, if she builds enough faith in her abilities. Unless you are an immigration lawyer in disguise seeking to eat her money, then you shouldn't advise her to seek one. If I was a lawyer, I would charge her a consulting fee of $5 to tell her what needs to be done, because there is no need for me to charge her high fees for a simple and straight forward case liker her.

                    I can only wish her success...

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                    • #11
                      only criminals need lawyers

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                      • #12
                        You can do it yourself, don't waste your money.

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                        • #13
                          deadpledge:
                          minor infractions like overstaying or unauthorized employment
                          not to give false impression, overstaying and/or unauthorized employment are grounds for removal from the US and ban on re-entry. Although they are forgiven to the immediate relatives of US citizens, they are not minor infractions.

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                          • #14
                            Hudson - the supplement A of I-485!? That's only for adjustment of status under section 245(i).

                            -485A Supplement A to Form I-485

                            Supplement to Application to Register Permanent Residence or Adjust Status that must be submitted by people who entered the U.S. in transit, without a visa, or without inspection (such as a nonimmigrant crewman or a stowaway) who have an approved petition that was submitted prior to April 30, 2001.
                            When you overstay your visa, you are no longer in immugration stauts. Is that correct? If you are no longer in immigration status, then the supplement form for I-485 needs to be filled out. And according to the instructions for the I-485, one is ineligible for adjustment of status is you have overstayed your visa. If you fill out the paperwork without the supplement form, there is a high chance of it either being rejected upon submission or when the notice of action denies the application. Then you will need to either refile the petition or, if eligible, file an appeal through the immigration court. What we do not know is when the person entered and violated the visa by overtaying the allocated time. This could be prior to 4/30/2001, but one can grandfather the clause in too, but also depends on facts and circumstances.
                            "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                            • #15
                              only criminals need lawyers

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