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  • Disagreement with Lawyer (I-140/I-485)

    Recently my employer's lawyer submitted a package to the BCIS Vermont Service Center along with the appropriate fees for my employer's petition for I-140 on my behalf. He submitted also the corresponding Labor Certification, company's federal tax forms, a current company contract stating the availability of my position, my Forms I-485, I-765, G-325a, photos and required fees, including fingerprints'. We also sent the same forms for my wife's application and related supporting papers.

    Later on I checked with my friend, who is an immigration lawyer too, and I was told that unfortunately the said package is incomplete, he said, I should have also sent our medical examination forms, my last three incometax returns, two affidavits (one supporting my wife and another one supporting myself and both signed by myself!), police records and bank statements.

    The company lawyer (in charge of my case) did not agree and said that those documents are not required yet and they could be turned in later after preliminary INS revision.

    My personal opinion is that; the more information we submit now the faster and easier the process will be.

    Therefore I ˜m not very concerned about the I-140 petition but I am about the others (I-485 and I-765).

    Now that I decided to retain the same lawyer for our Adjustment of Status and assuming that I want to follow my friend's advice, and forward anything bypassing the current lawyer, given that my wife and I are the applicants and signers, is it still ok if later when I get my receipt numbers I send documentation on my own to complete the cases?

    Will this look bad to the BCIS officer?

    Please give me any clue about this situation...

    Thanks in advance,

    Riki

  • #2
    Recently my employer's lawyer submitted a package to the BCIS Vermont Service Center along with the appropriate fees for my employer's petition for I-140 on my behalf. He submitted also the corresponding Labor Certification, company's federal tax forms, a current company contract stating the availability of my position, my Forms I-485, I-765, G-325a, photos and required fees, including fingerprints'. We also sent the same forms for my wife's application and related supporting papers.

    Later on I checked with my friend, who is an immigration lawyer too, and I was told that unfortunately the said package is incomplete, he said, I should have also sent our medical examination forms, my last three incometax returns, two affidavits (one supporting my wife and another one supporting myself and both signed by myself!), police records and bank statements.

    The company lawyer (in charge of my case) did not agree and said that those documents are not required yet and they could be turned in later after preliminary INS revision.

    My personal opinion is that; the more information we submit now the faster and easier the process will be.

    Therefore I ˜m not very concerned about the I-140 petition but I am about the others (I-485 and I-765).

    Now that I decided to retain the same lawyer for our Adjustment of Status and assuming that I want to follow my friend's advice, and forward anything bypassing the current lawyer, given that my wife and I are the applicants and signers, is it still ok if later when I get my receipt numbers I send documentation on my own to complete the cases?

    Will this look bad to the BCIS officer?

    Please give me any clue about this situation...

    Thanks in advance,

    Riki

    Comment


    • #3
      I don't know that the attorney who filed the applications did anything wrong.

      While it's usual to include the medical exam when the I-485 is filed, if BCIS doesn't process the application within 18 months, BCIS could require you to submit a current medical exam. The attorney may have thought that waiting until the medical exam is needed could save you and your wife the hassle and cost of two medical exams. (I am not up on the processing times at VSC, but I know that AOS applications are moving very slowly at most locales, so maybe the attorney is acting with that in mind.)

      Also, for employment-based green card applications, you do not need to submit an affidavit of support. BCIS looks to the employer's ability to pay the wage on the I-140, not your financial resources. I think that your friend was confusing the documentation requirements for family-based green cards, where the sponsor must prove financial ability.

      Lastly, police certificates are not required for AOS applications, only for consular petitions. If you or your wife were ever arrested, you might want to include information about those charges when you filed the application; however, BCIS will get your FBI rap sheet when they run your fingerprints, so there's no reason to submit police certificates.

      Don't send documentation to BCIS on your own. If BCIS needs anything, they will issue an RFE, and at that time, the documentation can be submitted, and it should be promptly matched up with your file. If you send documents in before BCIS asks for them, it may take months for them to get to your file.

      Just my thoughts on this.

      Comment


      • #4
        Thank you lawgal, Crystal clear!

        I will wait until we get any answer

        Comment


        • #5
          company lawyers did everything right. your I-485 will not be processed before I140 any way .why to worry. Once the I140 is approved then I485 will go for processing and may be in the meantime you will be asked for another physical.keep in mind that the delays for security check and all that.. Let see if you mmissed something, it can be covered under Request further Information.
          Its a discussion, not a legal advise..

          Comment


          • #6
            Thanks Mohan and Lawgal again.

            Now that you mentioned the time frame about my application I'd like to ask something else.

            I understand VSC will process I-140 first and then will proceed to check AOS. What happens with my EAD which was sent along with the other forms (I-140 and I-485)? My question specifically refers to the processing time for EAD, Will I have to wait until I-140 is approved or it could be issued before that happens?

            Thanks for your help

            Regards,

            Riki

            Comment


            • #7
              The medical is submitted at the interview, or with the application, depending on the require,ents of *your* local. I would expect that your lawyer was correct for your office. If you want to check, go to www.uscis.gov, and check the rules for your local office.

              Comment

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