Where do I begin?

[JimVaPhuong 4,863]

Actually, no one who is without a law degree and who is licensed and has passed the board exam is qualified to give legal advice. Anything said by someone else is speculation.

Wrong. There are plenty of people who do not have law degrees, and make a comfortable living advising and assisting people with immigration matters, and they do so legally. The only difference between them and a licensed attorney is that the attorney can legally represent a client in court.

You do realize that an attorney must attend LAW SCHOOL and pass the bar exam. They are not SELF TAUGHT. Anyone practicing law by being self taught is not a lawyer.

You do NOT need a law degree to become a lawyer. You only need to pass the bar exam. Abraham Lincoln was a self-taught attorney. I was once represented by a self-taught attorney in a civil matter, and he was probably the best attorney I ever had.

You can tell them your interpretation of what the law says. Yes, you can directly quote statutes but anything you say beyond that is speculation.

Nope. A layman is just as capable of understanding the law as an attorney, and their interpretation is just as valid as any attorneys. FWIW, attorneys enter courtrooms every day, confident their interpretation of the law is correct, only to be smacked down by a judge who has a different interpretation. In many cases, understanding precedent law is just as important as being able to read and understand the law.

[Rebecca Jo 1,962]

Wrong. There are plenty of people who do not have law degrees, and make a comfortable living advising and assisting people with immigration matters, and they do so legally. The only difference between them and a licensed attorney is that the attorney can legally represent a client in court.

I would differ with this opinion.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=915c9ddf801b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=915c9ddf801b3210VgnVCM100000b92ca60aRCRD

Don't Be a Victim of Immigration Fraud

Notarios, Notary Publics and Immigration Consultants

Notarios, notary publics and immigration consultants may NOT represent you before USCIS. While in many other countries the word “Notario” means that the individual is an attorney, this is not true in the United States and they may not provide the same services that and attorney or accredited representative does.

A notario may NOT:

Give you legal advice on what immigration benefit you may apply for or what to say in an immigration interview

Hold him or herself out as qualified in legal matters or in immigration and naturalization procedure

If you are seeking help with immigration questions, you should be very careful before paying money to a non-attorney. Please use the following guidelines when selecting an individual to represent you:

How to Protect Yourself from Becoming a Victim:

1.DO NOT sign blank applications, petitions or other papers.

2.DO NOT sign documents that you do not understand.

3.DO NOT sign documents that contain false statements or inaccurate information.

4.DO NOT let anyone keep your original documents.

5.DO NOT make payments to a representative without getting a receipt.

6.DO NOT pay more than a nominal fee to non-attorneys or make payments on the internet.

7.DO obtain copies of all documents prepared or submitted for you.

8.DO verify an attorney’s or accredited representative’s eligibility to represent you.

9.DO report any representative’s unlawful activity to USCIS, State Bar Associations and/or State Offices of Attorneys General.

For more information on how to report unlawful activity, please see the links on the right side of this page for the National Association of Attorney Generals and the American Bar Association. These websites contain contact information for your state Attorney General or State Board.

Attorneys and Accredited Representatives

You may choose to have someone, such as an attorney or accredited representative of a recognized organization, represent you when filing an application or petition with USCIS. Only attorneys and accredited representatives may communicate on your behalf regarding your application with USCIS. For more information on finding an attorney or accredited representative to help you file an application or petition, please see the “Finding Legal Advice” link on the left side of this page.

[Mandy P 3]

Wrong. There are plenty of people who do not have law degrees, and make a comfortable living advising and assisting people with immigration matters, and they do so legally. The only difference between them and a licensed attorney is that the attorney can legally represent a client in court.

You do NOT need a law degree to become a lawyer. You only need to pass the bar exam. Abraham Lincoln was a self-taught attorney. I was once represented by a self-taught attorney in a civil matter, and he was probably the best attorney I ever had.

Nope. A layman is just as capable of understanding the law as an attorney, and their interpretation is just as valid as any attorneys. FWIW, attorneys enter courtrooms every day, confident their interpretation of the law is correct, only to be smacked down by a judge who has a different interpretation. In many cases, understanding precedent law is just as important as being able to read and understand the law.

People can be represented by someone in court who is not an attorney. Note the fact that I said "NOT an attorney". Without the degree and the licensing.... that person is NOT an attorney! They are simply a layperson, who is acting as an attorney. By your definitions, I could go out right now and start claiming to be a lawyer and get clients and go to court. Lawyers have to put in a lot of effort and time to get to be lawyers. It's not something you just decide that you are because you read a couple of legal books.

[JimVaPhuong 4,863]

People can be represented by someone in court who is not an attorney. Note the fact that I said "NOT an attorney". Without the degree and the licensing.... that person is NOT an attorney! They are simply a layperson, who is acting as an attorney. By your definitions, I could go out right now and start claiming to be a lawyer and get clients and go to court. Lawyers have to put in a lot of effort and time to get to be lawyers. It's not something you just decide that you are because you read a couple of legal books.

Now you're twisting my words. I never said that someone who isn't licensed to practice law could call themselves an attorney. I said you don't need to be a licensed attorney to assist someone with immigration matters. There are no courts involved in most immigration matters, and someone assisting you does not have to be capable of legally representing you. If you encounter a problem that requires legal representation then you either need a lawyer or you can represent yourself. If you're just preparing and filing documents then anyone can assist you. If that were not the case, then this website would be illegal.

Whether you can be represented in court by someone who is not an attorney depends on the court and the laws of the state. Many courts will allow you to represent yourself or be represented by a licensed attorney, but will not allow you to be represented by a layman. Many courts give the judge discretion in determining who may represent someone in court.

There are currently six states in the US that do not require you to have a law degree in order to take the bar exam and become a licensed attorney. I live in one of those six states.

[Mandy P 3]

I was once represented by a self-taught attorney in a civil matter, and he was probably the best attorney I ever had.

You clearly did state that you were represented by a self-taught attorney. No twisting of words.

I made a very nice simple statement to the creater of this thread and you all took it upon yourselves, you and that other guy, and tried to make a big deal out of it. Get a hobby. Stop looking in these threads for things you can try to make yourself look all big and important by putting other people down and twisting what they say into something it's not. I see that done here all the time. It's pathetic.

If you are not an attorney, then you are not an attorney. I can call myself an astronaut but it won't get me a job at NASA.

[Matt&Kaci 3]

This has become a battle of opinions and no longer about the OP...

[pushbrk 12,110]

You clearly did state that you were represented by a self-taught attorney. No twisting of words.

I made a very nice simple statement to the creater of this thread and you all took it upon yourselves, you and that other guy, and tried to make a big deal out of it. Get a hobby. Stop looking in these threads for things you can try to make yourself look all big and important by putting other people down and twisting what they say into something it's not. I see that done here all the time. It's pathetic.

If you are not an attorney, then you are not an attorney. I can call myself an astronaut but it won't get me a job at NASA.

A "self-taught" attorney is somebody without a law degree who passed the bar exam, so yes, an attorney. You may not have intentionally "twisted" any words but you conveniently left some out.

Knowledge is what is used to pass a bar exam and knowledge can be obtained in many ways. Knowledge is what is required to assist people with immigration matters that don't involve a prosecutor, court or judge. Experience and college are two of the MANY ways to obtain knowledge. You know about your knowledge and how you obtained it. You do not know the same about all the other members of VJ. YOU made some good recommendations and you did so without a law degree or a license to practice law. You'll also see bad recommendations, many of them made by people with law degrees and licenses to practice law.

[Mandy P 3]

This has become a battle of opinions and no longer about the OP...

I whole heartedly agree.

So I will stop responding because I have no reason to argue about this with these people. I will just never respond to anyone in the forums here again. If I have a question I will ask my lawyer about it because you get no answers here... only ignorance. Anything said on thie website is just an opportunity for people who have nothing better to do to be petty and try to act important.

I wish all of you the best. This website has been the most horrible overall online experience I've had, not just from this ####### today but from many problem people. I wish I'd never found this place. It is just full of jerks.

[TBoneTX 43,058]

It is just full of jerks.

I happened to view the recent discussion as intellectual reasoning exchanged between three fine minds. However, one became miffed and resorted to personal "assaults." No matter; some people take their toys and go home.

[JimVaPhuong 4,863]

I whole heartedly agree.

So I will stop responding because I have no reason to argue about this with these people. I will just never respond to anyone in the forums here again. If I have a question I will ask my lawyer about it because you get no answers here... only ignorance. Anything said on thie website is just an opportunity for people who have nothing better to do to be petty and try to act important.

I wish all of you the best. This website has been the most horrible overall online experience I've had, not just from this ####### today but from many problem people. I wish I'd never found this place. It is just full of jerks.

That's interesting. This website has helped me enormously. I never would have been successful at helping my fiancee (now my wife) get a visa without this website. This website is also now helping me with the AOS process, and I expect it will help again in the future when it comes time to remove conditions on the green card. Pushbrk was one of the members who was quick to jump on me if I gave faulty advice to someone (and he still does), and I am grateful to him for that.

I've been posting on this site for more than a year, and lurking for many months beyond that. Over that time I have made a LOT of mistakes in my posts, and others more knowledgeable than me were quick to point out my mistakes and correct me. The key to getting through it is to not take anything personally. Nobody called you any names, or went out of their way to insult or offend you. You made some statements that were incorrect, and you were corrected.

I don't know how many other internet forums you've joined. Some forums are gathering places for friends, and everyone is always nice to each other. This forum is for getting critical help and advice on a process that is complicated, and can have devastating consequences if not done correctly. When people offer advice it is crucial that the advice be correct. If it's not, then other members have an obligation to correct it. If you disagree with someone, you can have an intellectual debate about it, but if you take it personally then you aren't helping yourself, or (more importantly) the person who asked the original question.

[Mandy P 3]

If I were wrong, which I'm not about the issue of who is and who is not an attorney, then correction is ok. To be a legal attorney you must go to school and get your licensing by taking the bar exam. I looked up the requirements just to see if I was wrong... and I'm not. People here are mostly not lawyers. Jumping on my a** with an opinion is not ok. It's a sign of a weak person to shove your opinions down someone's throat like that.

There are ways to show someone if they are in error without being a jacka** about it.

But whatever. I'm done with this.

I hope that the guy that started this thread does the right thing and gets some good legitimate advice. That's what I did and we've had smooth sailing all the way through so far.

In the meantime, I will keep waiting for my fiance's interview date and have a good time. Forget all this #######.

[TONY M 0]

Wow!! Lots have been posted since being here last..so much that I cant even begin to think of a reply to most of what has been said....I agree that my thread did go way off topic and would hope an Admin or Moderator can "clean" it up..if not thats okay but Right now, I suppose I will let things lay as they are until I can start to figure out the Immigration law, understand whats at stake and research my options that will yield the best results.....It sure sounds like quite the Journey and one we are willing to take.

To the person/s who posted about me living in Honduras, I have thought about it but only on a temporary basis to see if I can be eligble for a DFC, but I need to do LOTS more research and see if thats a better option...if I can even apply for or become elligble for a DCF. Im sure I, like many other newbies who have come to this site for help, will figure things out and hopefully eventually bring my Girlfriend back to the US legally.

[TracyTN 237]

I wouldn't try to figure out immigration law much past what we explained to you here. I still think your case is worthy of an immigration attorney - let them interpret and explain the law to you. Will probably save you a lot of headaches.

[TONY M 0]

Well not really "figure" out immigration law, but what Immigration expects from someone in my situation who is trying to get an Illegal Immigrant legal in the US. I need to research what actions to take for example, if one form dont work then what next etc., that are in the best interest for me and my Girlfriend and then take that route.

Edited June 18, 2010 by TONY M

[TracyTN 237]

I still think your best bet for that type of advice is an immigration attorney, particularly one who deals a lot with those who have been here illegally. Anyone else who has just been in your situation and gives you advice isn't exactly a legal expert - they just know what worked for them. I would hate for you to stake your futures on that.

Edited June 18, 2010 by TracyTN