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  • I-485 Do I need a lawyer

    I am about to file I-485 and was wondering if people have been successful doing it themselves, or do I need to use a lawyer.
    TIA
    Not legal advice.

  • #2
    If you have a straightforward case I would not spend the money on an attorney. I assume you have no criminal history, you're adjusting on the basis of marriage to your citizen spouse, and you have no history of immigration violations (other than perhaps overstaying your visa and working without authorization) since your last lawful admission to the United States

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    • #3
      Originally posted by inadmissible View Post
      If you have a straightforward case I would not spend the money on an attorney. I assume you have no criminal history, you're adjusting on the basis of marriage to your citizen spouse, and you have no history of immigration violations (other than perhaps overstaying your visa and working without authorization) since your last lawful admission to the United States
      Thank you Senior Member. I made a mistake with the topic and which form I am about to file. I want to start with an application for GC through family, for which my daughter will be the sponsor. So I suppose it will by the I-130 initially. Then the I-485, however, I've seen a lot of people filing it concurrently. Is this the norm, or do you have to file the I-130 first if it isn't a marriage, but another family member.

      It is a lot of money by itself and I am waiting for a quote from a lawyer, with whom I have already had a very interesting Skype interview. However, based on the fees, without lawyer fees included, I doubt I will be able to afford a lawyer.

      In your experience, have you seen a lot of people on this forum doing all the applications by themselves? I do not want to mess this up. It should be a straight forward application, no criminal history or any violations. The only thing that I can think of which may complicate things, is that I have had a Green Card before and lost my status because I was out of the country for more than a year. I then applied for reinstatement of the Green Card (SB-1) in 2014, which was denied, because I did not proof that my extended stay outside of the US was because of circumstances beyond my control.

      Thanks.
      Not legal advice.

      Comment


      • #4
        I-485 is for adjustment of status, and is for aliens already inspected and admitted to the United States

        If you are still abroad, you will not be filing that form

        I still don't think you need an attorney. Work with the people on this forum to ensure you have the right forms completed, and have them assist you in answering the form questions

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        • #5
          Thank you for your response.
          Not legal advice.

          Comment


          • #6
            Similar case

            Originally posted by NettieL View Post
            Thank you Senior Member. I made a mistake with the topic and which form I am about to file. I want to start with an application for GC through family, for which my daughter will be the sponsor. So I suppose it will by the I-130 initially. Then the I-485, however, I've seen a lot of people filing it concurrently. Is this the norm, or do you have to file the I-130 first if it isn't a marriage, but another family member.

            It is a lot of money by itself and I am waiting for a quote from a lawyer, with whom I have already had a very interesting Skype interview. However, based on the fees, without lawyer fees included, I doubt I will be able to afford a lawyer.

            In your experience, have you seen a lot of people on this forum doing all the applications by themselves? I do not want to mess this up. It should be a straight forward application, no criminal history or any violations. The only thing that I can think of which may complicate things, is that I have had a Green Card before and lost my status because I was out of the country for more than a year. I then applied for reinstatement of the Green Card (SB-1) in 2014, which was denied, because I did not proof that my extended stay outside of the US was because of circumstances beyond my control.

            Thanks.
            Good day Nettiel, my case is very similar as I'm a Canadian Citizen living here Stateside and I my GC was taken away at the Detroit border back in 1972
            I'm married to my bride from Maine in 1982 and have a son born in Florida.
            I applied for a replacement GC 3 years ago as USCIS said I voluntarily surrendered it at POE in Detroit so I was denied. The officer said I had an excellent chance to re-apply for a new GC as I fit the Criteria, So I submitted a petition for immediate relative/spouse I-130 and was granted my petition 5 months after applying. I did not have the resources to file I-130/I-485 concurrently so I filed last year in July 5 2016 my I-485 and just recieved my notice of interview for next month. My wife and I did all this on our own.

            Comment


            • #7
              Originally posted by NettieL View Post
              I am about to file I-485 and was wondering if people have been successful doing it themselves, or do I need to use a lawyer.
              TIA
              Netteil, some things to consider.
              Its a lot easier to file here Stateside, as you are a CC you do not require a visa to enter.
              Is your immediate family member a USC or a GC holder, this will dictate how long a process it will be.
              Unless you have the funds to sustain your self here Stateside your sponsor/family will be required to support you financially.

              Comment


              • #8
                Originally posted by Adrian Gruber View Post
                Netteil, some things to consider.
                Its a lot easier to file here Stateside, as you are a CC you do not require a visa to enter.
                Is your immediate family member a USC or a GC holder, this will dictate how long a process it will be.
                Unless you have the funds to sustain your self here Stateside your sponsor/family will be required to support you financially.
                She is waiting for her USC interview. Once that is in the bag, I intend to apply but haven't decided should I do it from Canada, or from within the US. That will be much quicker. I am getting frustrated with the French requirement for a lot of jobs as well as mostly part time positions for RN's. This means it may be financially beneficial even if I have to wait three months to start a job.

                Do I need to maintain ties to Canada, like keep my apartment here if I want to do it Stateside.
                Not legal advice.

                Comment


                • #9
                  Originally posted by NettieL View Post
                  She is waiting for her USC interview. Once that is in the bag, I intend to apply but haven't decided should I do it from Canada, or from within the US. That will be much quicker. I am getting frustrated with the French requirement for a lot of jobs as well as mostly part time positions for RN's. This means it may be financially beneficial even if I have to wait three months to start a job.

                  Do I need to maintain ties to Canada, like keep my apartment here if I want to do it Stateside.
                  Nettie, check out this article from CBC: http://www.cbc.ca/news/canada/windso...visa-1.4030179

                  Comment


                  • #10
                    Originally posted by Adrian Gruber View Post
                    Nettie, check out this article from CBC: http://www.cbc.ca/news/canada/windso...visa-1.4030179
                    Thank you. I saw when they were denied and that had me concerned whether the TN is still an option for Canadian nurses. The feedback that I received so far from prospective employers, is that it depends on the customs agent.
                    Not legal advice.

                    Comment


                    • #11
                      filling for parent of us citizen

                      In my case I filled i-130 for my both parents who are current in us with a overstayed tourist visa, I already got the receive Form I-797C and the approval form I-797, my question is do I have to fill the I-485 form for then?

                      Form I-130 12/20/16
                      Form I-797C 12/30/16
                      Form I-797 3/21/17

                      Comment


                      • #12
                        Originally posted by RiRCC View Post
                        In my case I filled i-130 for my both parents who are current in us with a overstayed tourist visa, I already got the receive Form I-797C and the approval form I-797, my question is do I have to fill the I-485 form for then?

                        Form I-130 12/20/16
                        Form I-797C 12/30/16
                        Form I-797 3/21/17
                        Your question concerning your parents is vague.
                        You filed a "Petition for Immediate Family Member" I-130 that establishes your link to your parents.
                        The "Notice of Action" 797c is your receipt. If there are no issues with your submission USCIS will approve your petition in 5-6 months.
                        THEIR NEXT STEP is to seek "Adjustment of Status" which if approved will make them legal residents of th US. They will be issued Green Cards.

                        Comment


                        • #13
                          Originally posted by RiRCC View Post
                          In my case I filled i-130 for my both parents who are current in us with a overstayed tourist visa, I already got the receive Form I-797C and the approval form I-797, my question is do I have to fill the I-485 form for then?

                          Form I-130 12/20/16
                          Form I-797C 12/30/16
                          Form I-797 3/21/17
                          Hi RiRCC! I'm new at this forum and I am so glad I found it. I am attempting to fill out all these forms as well for each one of my parents who are in the same situation as yours. Did you find a helpful guide on how to fill out the I130 or did you have someone fill it out for you? They have no criminal records or anything, but they did work and filed taxes with ITIN. Thank you for your response in advanced!

                          I understand we would need to file for I485 either at the same time or after with the approval form information and we can even apply for their EAD or AP along with it at no extra cost.

                          Comment


                          • #14
                            Lord, for so long I could not find a forum that covers such events, but I look very few people here communicate. Guys, I need help. Not so long ago I received a green card, so I didn't migrate to the USA right away. Then I had to redo the documents, but the problem is that I need a lawyer. I found it, everything is great. Then I got married, work and home - everything is fine. Then the incidents began to happen, which are described click here to find out what I mean. I am ashamed to say, but now I asked for help, but all the time I am afraid that I will have to defend myself again. How can I be to fully protect my life? Insurance? Or hire a family lawyer to watch and protect me? What to do in this case?

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