Ok now !! Do I need a lawyer ??

E

ema76

Registered Users (C)
I was with my husband to do his 2004 taxes, and gave the form I-864 to the tax professional just for her to explain me a little... I told her that my husband will be my sponsor... She told me that is really easy to file this form...Ok... After that, she asked me why my lawyer didn't help me with the form, and I told her that I do all this by myself. She was surprised because she said that the procedure will last longer if I am not represented by a lawyer. I told her, that I know that it will take 2 to 3 years to have my GC, and that the work permit was right now the most important thing for me, so I can work...
She confused me !!! Do I really need a lawyer ???? I have to pay for all this application and it's already a lot, I don't know if I can afford a lawyer now !!
What do you think ?? Does anyone "represent him/herself" and had no problem with all the forms and the process time. Did it take longer because you were not represented by a lawyer ???
Thanks for any input !!

Ema.
 
ema76 said:
I was with my husband to do his 2004 taxes, and gave the form I-864 to the tax professional just for her to explain me a little... I told her that my husband will be my sponsor... She told me that is really easy to file this form...Ok... After that, she asked me why my lawyer didn't help me with the form, and I told her that I do all this by myself. She was surprised because she said that the procedure will last longer if I am not represented by a lawyer. I told her, that I know that it will take 2 to 3 years to have my GC, and that the work permit was right now the most important thing for me, so I can work...
She confused me !!! Do I really need a lawyer ???? I have to pay for all this application and it's already a lot, I don't know if I can afford a lawyer now !!
What do you think ?? Does anyone "represent him/herself" and had no problem with all the forms and the process time. Did it take longer because you were not represented by a lawyer ???
Thanks for any input !!

Ema.
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It depends on your case. if this is straightforward case you donot need a lawyer.
you can consult some lawyer before filing which is best option for you.
 
Lawyers have no powers over INS. They are there to guide you in the process, to make sure you file your paperwork correctly, to answer your questions and to charge you a lot of money.
If you know how to read and write English, understand the forms’ instructions and can file all your petitions properly, with the proper fees and supporting evidence, then you do not need a lawyer.
On the other hand, if you have a difficult case (long unlawful overstay, past arrest, not enough evidence to proof your marriage in good faith, in a middle of divorce with your husband and staff like that) then you definitely need a lawyer.
The tax preparer think like a typical American – you need a lawyer when dealing with government..... :rolleyes:
Sometimes, when people file by themselves, the forms get return back to them because of the incorrect fee or missing signature and resending it all back creates a delay.
But if your case is straightforward, just like rajinca said, then save your money, do some research, stop panicking over every question, just follow the instructions, it’s not too hard to file yourself. People do it every day. Do some search on this message board, read past treads and posting, there are tons of people with the same questions as you are, questions, that already been answered before.
But whatever option you chose – with or without a lawyer – it won’t affect your processing time at all. Once you file your application, you’ll be assigned a number and your case would be processed in the processing order according to your local DO.
And there is nothing you, or anybody else can do to speed it up.
Just file your I-485 package and wait for an appointment. Good luck!
 
Thanks Ranjica and Jane for your replies. I really do not want to hire a lawyer because it's a lot of money, and that's why I am trying to do it by myself (and with the help of this board ;) ). But, as an unlawful immigrant, what should I do? I am almost 4 years illegally here, that's quite a bit, right ?? What is your opinion ??

Ema.
 
Hi Ema,

Like I said before, it's better for you to hire an immigration lawyer because of your status.

I know that there is no difference in processing time whether you hire a lawyer or not. I actually filed all the forms by myself and there was no difference in processing time between me and my friend who hired an immigration lawyer. So I do know about that. But in your case, you have stayed here illegally for a quite long time, which makes your case very difficult to be approved. That was why, I've already suggested that it's better for you to hire a lawyer for your sake.

But that's just my opinion. It's all up to you whether or not you want to hire a lawyer.

By the way, the USCIS website has the information about Free Leagal Assistance. If you are curious about the information, you might want to check the website:

http://uscis.gov/graphics/lawsregs/advice.htm
 
I would definitely consult a lawyer if I were you, because if you have been out of status for 4 years there could be some very complicated legal issues that could come up. Look on the INS website for foundations that can provide low and no cost legal representation to low income individuals if the financial side of it is really a burden. Good luck to you!
 
I would definitely consult a lawyer if I were you, because if you have been out of status for 4 years there could be legal issues that could come up after you file your paperwork. Look on the USCIS website for foundations that can provide low and no cost legal representation to low income individuals if the financial side of it is really a burden before you submit any paperwork. Good luck to you!
 
ema76 said:
Thanks Ranjica and Jane for your replies. I really do not want to hire a lawyer because it's a lot of money, and that's why I am trying to do it by myself (and with the help of this board ;) ). But, as an unlawful immigrant, what should I do? I am almost 4 years illegally here, that's quite a bit, right ?? What is your opinion ??

Ema.
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Before you spend any money on the lawyer, let me ask you this. When you enter USA, did you enter with a visa and inspected in the airport? Also, is your husband an USC? And, were you married to your husband before your illegal status?

These these questions is the keys to your I-485 case. Your lawyer will ask you the same thing.

you can either send me private message with the answer to these questions or reply on this board, I will then tell you if you have a good chance with your I-485 case. I am not a lawyer, but I have done my research on illegal status myself. Spoken to lawyers myself.

Good luck.
kenmw
 
Hi Kenmw,

I entered the us legally on a visa waiver pilot program, got the I-94;
I married my husband BEFORE my illegal status and my husband became USC last week.

Thanks for your input !

Ema.
 
ema76 said:
Hi Kenmw,

I entered the us legally on a visa waiver pilot program, got the I-94;
I married my husband BEFORE my illegal status and my husband became USC last week.

Thanks for your input !

Ema.
Click to expand...

Good, if you enter illegally, you can't apply to change your status in UDS. Tell me, when you two were married, is he a LPR? Did he send the I-130 petition for you when he still in LPR status? From my research in this forum and the others, I have seens inidividual getting the GC despite his/her overstay status.

Well, from my personally experience, I can tell you take my wife is in the same boat. She got her EAD but now we are waiting for her interview. So, I don't have the complete picture of what is the outcome just yet. I would suggest you to consult lawyers to see what they have to say. If necessary just hire them to go over the documents (after you filled them out) before mailing and hire them for the interview only if necessary. Do not use illegal status but rather overstay in filling up your form.

For whatever reason, you need to come up with a strong reason why you did not leave and choose to stay. I don't know if these questions will be asked during the interview or not. But be prepared. From my correspondences according to others who have successfully getting their GC said that the INS did not even bother to worry why you are overstay if your spouse is USC.

All the best.
 
Last edited by a moderator:
Hi Kenmw,
Thanks for your help. I will probably try to take legal advice. I know there are some organisations also which take a small fee or ARE free of charge and the person represent them for the application. I don't want to risk anything !!
Thanks again !!

Ema.
 
kenmw said:
Good, if you enter illegally, you can't apply to change your status in UDS. Tell me, when you two were married, is he a LPR? Did he send the I-130 petition for you when he still in LPR status? From my research in this forum and the others, I have seens inidividual getting the GC despite his/her overstay status.

Well, from my personally experience, I can tell you take my wife is in the same boat. She got her EAD but now we are waiting for her interview. So, I don't have the complete picture of what is the outcome just yet. I would suggest you to consult lawyers to see what they have to say. If necessary just hire them to go over the documents (after you filled them out) before mailing and hire them for the interview only if necessary. Do not use illegal status but rather overstay in filling up your form.

For whatever reason, you need to come up with a strong reason why you did not leave and choose to stay. I don't know if these questions will be asked during the interview or not. But be prepared. From my correspondences according to others who have successfully getting their GC said that the INS did not even bother to worry why you are overstay if your spouse is USC.

All the best.
Click to expand...
kenmw,
I am in the same boat. I would appreciate if you could let us know when you have your interview. Thanks.
 
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