Do we need an immigration attorney?
My fiance and I have been together for 2.5 yrs. and lived together for about 1.5 yrs. He’s an english citizen and I am American, he was here initially on a visa which expired shortly after we got together… We got engaged this past Christmas and are going to be getting married April 2011… My question is how do we go about getting him legal etc. and do we need an immigration attorney for this or should we just call the immigration office? I don’t have any experience with this and want to make sure we do everything correctly without having him get in trouble or anything. Thanks for buy medications your help!!!
He was here on a student visa, and was here intending to go to school, it was not a 90 day visa….
He’s not here on the Visa Waiver program, he was here on a student visa that was good for 2 yrs. not 90 days. A few years ago he had an immigration attorney tell him that b/c he came in legally it would be easier for him to stay here
You would need to get married first then file an I-130. NO, you don’t need an immigration attorney for something as simple as an I-130. Since your fiance entered the U.S. lawfully he’ll be able to request adjustment at the district.
To an immigration attorney this is considered "easy money." Why? Because a person that can read directions and comprehend at least 3rd grade english should have the mental capacity to fill the form out themselves and provide the documentary evidence listed in the directions. USCIS goes through a lot of trouble and wastes a lot taxpayer dollars to make those directions dummy proof.
Now as far as AILA is concerned there are a ton of AILA attorneys who show up at the AILA meetings, pay his/her dues, shakes hands etc… However, don’t deliver on the value of money given to them and repeatedly get their clients cases screwed up, land people in proceedings needlessly, use up the statutory MTR when it was obviously going to be denied, file for benefits which their clients whom clearly didn’t qualify. I seriously can go on and on about AILA. Don’t get me started on their RFE and motion scams to make more money off the petitions/applications.
I only cringe when I hear someone was recommended an AILA attorney and how the attorney drained them of thousands of dollars. It’s very hard to get an attorney barred and even if they are censured they’re back up and practicing doing the same thing again like nothing ever happened.
The bottom line is if the beneficiary is not in deportation proceedings you will not need an immigration attorney. If you feel you’re not literate and unable to comprehend the (dummy proof) directions given by USCIS then, only then, seek out an attorney to help you. Make sure you shop around. Think of them as insurance or car salesmen that make big promises, but may have little returns. Being a part of AILA does not make them any better than an immigration attorney that is not a part of AILA. It only means they charge more!
He’s illegally in the U.S. because his visa is expired. You also didn’t put enough information in your question, like the specific visa he had, when exactly in expired, what was his intentions while entering the U.S., etc.
Contact an attorney.
Well, he came on the Visa Waiver Program which only allows for a maximum stay of 90 days. He’s been out of status for years. You can get married and try to file concurrently. That will cost $1,365 in application fees and there’s no guarantee he’ll be approved. If it’s denied he’ll be ordered back to the UK.
An immigration attorney will charge you several thousand dollars on top of the application fee but you’ll get an expert opinion and assistance.
Always use immigration attorneys who are members of the American Immigration Lawyers Association.
http://www.ailalawyer.org
A recent case I think in the 7th district came up with
if you were not married by the 90th day of the visa waiver you are out ….
As you know the visa waiver gives yoiu no rights … you waived them …
see the lawyer before you marry ..he may be leaving the country for 10 years