Is my lawyer wrong?

[clmclmclm]

Hi there,

Some of you might have seen a previous post a while ago, where I explained all the issues I'm having with my application.
I am now strongly thinking about self applying and I would like to make sure what is true or false from what my lawyer told me so far.
So I hope the most helpful among you guys will accept to answers few of my questions:

1.) The last time I entered the US, as a french tourist, I used an "ESTA". However, my lawyer is indicated "B-2 Visa" in my application. I am confused, is that considered the same by USCIS?

2.) While we're having all those issues, my wife is now unemployed and we're not sure yet when she will start a new job.
When we applied the first time (back in early January) my wife was employed and way above the minimum required annual income. So we joined her 2016 tax-return and her letter proof of employment.
My lawyer is telling us that we shouldn't change the provided document in the application, but only provide updated situation proofs during our interview.
However I am wondering if we should already update everything even if it means getting a co-sponsor, what do you think?

3.) Since one of our main issue today is the fact that I still can't be working, my lawyer is "comforting" me by saying that once I get my Priority Date and Notice I will be legally authorized to work. Meaning, if my employer is ok to partially fill in the Form I-9, until I receive my actual EAD, there is nothing preventing from working.
Is any of you has ever been in a similar situation?

Thank you so much already for anybody who could help.

I'll make sure to come ask for more help if necessary, especially since we might want to personally take care of our application this time.

Clem

[S_R_E]

Hi there,

Some of you might have seen a previous post a while ago, where I explained all the issues I'm having with my application.
I am now strongly thinking about self applying and I would like to make sure what is true or false from what my lawyer told me so far.
So I hope the most helpful among you guys will accept to answers few of my questions:

1.) The last time I entered the US, as a french tourist, I used an "ESTA". However, my lawyer is indicated "B-2 Visa" in my application. I am confused, is that considered the same by USCIS?

2.) While we're having all those issues, my wife is now unemployed and we're not sure yet when she will start a new job.
When we applied the first time (back in early January) my wife was employed and way above the minimum required annual income. So we joined her 2016 tax-return and her letter proof of employment.
My lawyer is telling us that we shouldn't change the provided document in the application, but only provide updated situation proofs during our interview.
However I am wondering if we should already update everything even if it means getting a co-sponsor, what do you think?

3.) Since one of our main issue today is the fact that I still can't be working, my lawyer is "comforting" me by saying that once I get my Priority Date and Notice I will be legally authorized to work. Meaning, if my employer is ok to partially fill in the Form I-9, until I receive my actual EAD, there is nothing preventing from working.
Is any of you has ever been in a similar situation?

Thank you so much already for anybody who could help.

I'll make sure to come ask for more help if necessary, especially since we might want to personally take care of our application this time.

Clem

These are just my opinions and we ourselves self filed with no RFE's.

1) If you entered using ETSA - Say so. If you say B2 and they ask to see your visa to corroborate that‚*how would you do that? Also golden rule #1 - Don't lie.

2) I think all they ask for is last years taxes as proof of income‚*so you may be OK on that still. If you have someone who is willing to act as a sponsor you might want to get that in place just in case you need it. Better to be prepared just in case if it may become an issue. From what I have seen if you do not satisfy the requirements for a sponsor in your application‚ you will be sent an RFE to address that issue.

3) You are not legally authorized to work until you receive your EAD. You might want to ask you lawyer how you would pass an E-Verify screening without legal work authorization?

[aquila]

Hi there,

Some of you might have seen a previous post a while ago, where I explained all the issues I'm having with my application.
I am now strongly thinking about self applying and I would like to make sure what is true or false from what my lawyer told me so far.
So I hope the most helpful among you guys will accept to answers few of my questions:

1.) The last time I entered the US, as a french tourist, I used an "ESTA". However, my lawyer is indicated "B-2 Visa" in my application. I am confused, is that considered the same by USCIS?

2.) While we're having all those issues, my wife is now unemployed and we're not sure yet when she will start a new job.
When we applied the first time (back in early January) my wife was employed and way above the minimum required annual income. So we joined her 2016 tax-return and her letter proof of employment.
My lawyer is telling us that we shouldn't change the provided document in the application, but only provide updated situation proofs during our interview.
However I am wondering if we should already update everything even if it means getting a co-sponsor, what do you think?

3.) Since one of our main issue today is the fact that I still can't be working, my lawyer is "comforting" me by saying that once I get my Priority Date and Notice I will be legally authorized to work. Meaning, if my employer is ok to partially fill in the Form I-9, until I receive my actual EAD, there is nothing preventing from working.
Is any of you has ever been in a similar situation?

Thank you so much already for anybody who could help.

I'll make sure to come ask for more help if necessary, especially since we might want to personally take care of our application this time.

Clem

I have been reading your posts. It appears that lawyer of yours is incompetent. Please ditch him/her and look for someone who can really help you. There's no way an PD amounts to work authorization.

[clmclmclm]

Thanks S_R_E for your reply. Few extra comments below:

1.) I gave a closer look to my different applications forms in order to understand what I should fill in for "Status at Last Entry" and it seems indeed that I should say "ESTA".
However, I have been looking on google for the last hour without finding any crystal clear instruction about it. If anybody can share with me a link describing step-by-step how to fill the different forms, that would be much appreciated.
I am confused by my lawyer instructions and I can't find the right information in the "Instructions for Form I-765" pdf...

2.) We will indeed prepare ourself in case we need to show better proof of income or co-sponsoring.

3.) Again it seems like you're right. Even if theoretically you can start working from the date indicated on your EAD card, you're also supposed to have your employer filling in a Form I-9 with information you can only find on that same EAD card...
My lawyer told me that the Form I-9 is only between my employer and I, so it's up to them if they're willing to hire me before I'm showing final proof of work authorization. But as you said then there is a pretty huge risk of a failing E-Verification...
However I've seen many people on similar forum, saying that they did start working without having their EAD card in hand...but it does sounds like a risky bet...

I started to put together my application myself while my lawyer is still trying to figure out what happened with USCIS last time.
"The application has not been fully completed. One or more of the following field(s) were not completed: Application Type"
If anybody has information or experience to share, please feel free.
(Once again Google hasn't been very instructive, only one similar forum thread so far...)

Thanks for the help!

[azblk]

1. You entered with VWP. ESTA is not a visa or waiver of one so you can not enter with ESTA.
2.You cant not legally work before getting an EAD. Your lawyer is wrong about that.
3.You can do the applications yourself. These forums have a lot examples of what you need to successfully do it yourself.

[inadmissible]

I want to correct you on two issue. For each issue, you are conflating two similar but different concepts.

1) Form I-485 and Form I-765 asks, respectively, "in what status did you last enter" and for your "status at last entry". It asks about the status under which you were granted admission at the port of entry, not the visa with which you applied for admission at the port of entry. The United States operates a sometimes confusing system where the concepts of "visa" and "status" are bifurcated. You were admitted with the status of a tourist and that is what is important to the USCIS officer adjudicating your form. The particular status on which you were admitted would have been handwritten by the CBP officer in the center of his port of entry "ADMITTED" stamp that he placed on your Form I-94 or travel document.

2) You can work as soon as you are authorized to work. In your case, as an adjustment of status applicant, you will be authorized to work as soon as your application for employment authorization is approved. A trusting and understanding employer could employ you as soon as you are authorized to work, even if you don't have evidence on hand that you are authorized to work. The evidence you expect to get is the EAD/AP combo card that gets generated and mailed to you after both your Forms I-765 and I-131 get approved. Let's backtrack a little... you will be authorized to work as soon as your application for employment authorization is APPROVED, not when your applications are accepted as filed. That's a big difference, and realistically that is a 3 or more month difference. It is true that you are authorized to stay in the United States as soon as your Form I-485 is accepted by USCIS i.e. your priority date. But you are not authorized to work at that point. I am a little concerned your attorney would suggest otherwise

[S_R_E]

Thanks S_R_E for your reply. Few extra comments below:

1.) I gave a closer look to my different applications forms in order to understand what I should fill in for "Status at Last Entry" and it seems indeed that I should say "ESTA".
However, I have been looking on google for the last hour without finding any crystal clear instruction about it. If anybody can share with me a link describing step-by-step how to fill the different forms, that would be much appreciated.
I am confused by my lawyer instructions and I can't find the right information in the "Instructions for Form I-765" pdf...

2.) We will indeed prepare ourself in case we need to show better proof of income or co-sponsoring.

3.) Again it seems like you're right. Even if theoretically you can start working from the date indicated on your EAD card, you're also supposed to have your employer filling in a Form I-9 with information you can only find on that same EAD card...
My lawyer told me that the Form I-9 is only between my employer and I, so it's up to them if they're willing to hire me before I'm showing final proof of work authorization. But as you said then there is a pretty huge risk of a failing E-Verification...
However I've seen many people on similar forum, saying that they did start working without having their EAD card in hand...but it does sounds like a risky bet...

I started to put together my application myself while my lawyer is still trying to figure out what happened with USCIS last time.
"The application has not been fully completed. One or more of the following field(s) were not completed: Application Type"
If anybody has information or experience to share, please feel free.
(Once again Google hasn't been very instructive, only one similar forum thread so far...)

Thanks for the help!

Get the forms and start filling them out. Use the instructions for the form USCIS provide on their website.

Fill out what you can on the form and then‚ the parts you are having trouble with‚ post a question on the forums and see if you can get help.

I filled out the forms initially and then had my wife go over them. When we hit a place on a form we had an issue with‚ we would read and re-read the instructions and then go back and put in the answer that we had determined was best. Some fields can be left blank or N/A (read the instructions for each form). I for example had no I-94 as it had been taken by immigration years ago when I originally started my AOS (that was never completed due to divorce) and instead included copies of passport pages with stamps from immigration in it.

Use a highlighter if it helps and highlight the areas of the form you have questions about. The forms are easily printable and you can redo them as many times as you need to until you have them filled out correctly.

Be organized in the process‚*get a folder or two to keep all your papers in. We got envelopes for each form and placed the additional information for the form inside the relevant envelope and wrote a table of contents on the outside of the envelope.

Whenever we included a photocopy of anything in the package‚ if the document was in color we included a color photocopy (passport pages‚*birth certificate etc...). During our interview we were not asked by the officer to see any of our original documents and my wife feels this is partially due to the color photocopies.

Form YYYY X
Name : Blah Blah
Alien Registration # Axxxxx (I already had an alien registration #)

2 x photos ....
copy of birth certificate...

etc... etc...

We used this approach when we submitted our finalized package to USCIS. Each of the forms was in it's own envelope with the details at the top and a checklist of the contents inside. Those individual envelopes were all placed inside a Fed Ex package (we shipped via Fed Ex) and sent of to USCIS that way. We checked and double checked the forms before we shipped them‚ making sure that each form was the correct edition and the filing fees were correct.


There are some very knowledgeable people on these forums who will assist you if you have specific questions.

Look at all the sections on the USCIS website for a form at times you can find information in an area you would not think to look

For example on the I-485 page‚*under the "Where To File" section you will find the following information :

Filing Tips for Form I-485, Application to Register Permanent Residence or Adjust Status

Complete all sections of the form. The form will be rejected if these fields are missing:

Part 1 – Information About You
Family Name
Complete Address
Date of Birth
Part 2 – Application Type (select one)
Sign the form at Part 5, Signature. The fillable version of Form I-485 now includes a “Don’t forget to sign!” message and an arrow pointing to the signature box as a reminder for when you print the completed form for mailing. If there is no signature in Part 5, USCIS will reject the form and return it for correction and re-filing.

[newacct]

You entered under VWP and people who enter under VWP are given a classification of "WT" or "WB" on their I-94 for tourist or business visitors, respectively, not B2 or B1 which would be the classification for non-VWP visitors. So I would say putting B2 is wrong.

[clmclmclm]

Thanks everybody, it's comforting and reassuring to see all the help we can get here.

I'll start working on my application today, hopefully it should be fast since we can work from what my lawyer put together.
As S_R_E advised me too, I'll try to do as much as possible myself and I'll come ask questions here for anything I'm not sure about. Thank you!

1.) I will indeed try to be as accurate as possible about my "Status at Last Entry", but as Inadmissible said, it seems like the most important is just to say I entered as a tourist.
I will check out my latest I-94 to see if I can find better detail, but I'm probably gonna go with "Tourist (VWP/ESTA)".

3.) I have now a much better understanding on how the work authorization system works (thanks guys) and it seems indeed like my lawyer was once again too blurry on what is safe for me to expect and do. Very Frustrating... I don't think I will take the risk to do anything illegal after such a fight to have a life here...

I already have another question for you please.
As a tourist I was supposed to leave by end of January, however we applied for my green card early January.
From what I understand, applying give me the right to stay here until I either get my green card (yay) or I get rejected and need to leave, is that right?
I am now wondering if because of all that time we lost due to those many issues, it puts me in a delicate situation regarding my rights to stay in the country, what do you think?
My lawyer told me about a "neon color form" that USCIS joined to my application after the first "issue notice", and update every time there is another issue. I assume I definitely need to get that form back to reapply if I don't want to get in trouble, am I right?

Thank you so much everybody for all your help.

[scientist2016]

If you are spouse of a US citizen, and applying for your green card on that basis, your being in/out of status does not matter for AOS. All that matters is that you have been legally admitted, which you did when you entered with your ESTA.

[S_R_E]

If you are spouse of a US citizen, and applying for your green card on that basis, your being in/out of status does not matter for AOS. All that matters is that you have been legally admitted, which you did when you entered with your ESTA.

Am I correct in saying though that if you have not had your AOS application accepted and in the case of ETSA have been present for > 3 months then you are out of status and in potential jeopardy until your AOS application has been accepted by USCIS?

[aquila]

Am I correct in saying though that if you have not had your AOS application accepted and in the case of ETSA have been present for > 3 months then you are out of status and in potential jeopardy until your AOS application has been accepted by USCIS?

Yes, you are correct.

[clmclmclm]

I am now extremely confused and worry...

Even though I theoretically agree with S_R_E and Aquila, from day-1 my lawyer told me the same than Scientist2016:
Since I have been legally admitted under VWP, first applied for AOS before the end of my 3-month tourist period and now have multiple "Form I-797C, Notice of Action" to explain my history; I understood I could stay in the US with no more benefits than a tourist until my situation gets figured out because I am now married to a US Citizen.

Again, I seem to be in a pretty specific case. It has been very hard to find similar experience on Google...

[inadmissible]

I'm not sure what your question is. Because your application to adjust status is filed you won't have to worry about being removed. You will not be removed until your application to adjust status is denied. You have not provided any information to suggest that your application will be denied. You seem like the typical slam-dunk case because you entered with inspection, married a citizen, and don't have a criminal history

[S_R_E]

I'm not sure what your question is. Because your application to adjust status is filed you won't have to worry about being removed. You will not be removed until your application to adjust status is denied. You have not provided any information to suggest that your application will be denied. You seem like the typical slam-dunk case because you entered with inspection, married a citizen, and don't have a criminal history

I guess the question here is has the case actually been filed yet?

I'm confused as to whether your initial case was rejected by USCIS because of some mistakes your lawyer made and you are submitting from the start again‚ or that you are responding to RFE's for additional information?

What I-797C's do you have‚ do they indicate you have to respond with additional information etc... and have a timeline for you to respond by? Do you have case numbers from USCIS for your I-130‚*I-485 & I-765?