Should we use a lawyer or file by ourselves?

[candee 0]

Hello everyone,

I'm new on this site so please be patient with me. I was living in the United States for a number of years.I am a Canadian citizen and have my family back in Canada and would often visit them throughout the year.Last December I returned for a visit and was denied entry at the boarder on my way back to the U.S. My husband a U.S citizen and I were married in October 2011 and we were going to file from inside the United States but now things have changed. I am worried about our next step and we are wondering what would be the best option. Should we file for my Visa using a lawyer or is this something we can do on our own? I'm not sure about the legal implications for remaining in the U.S and would appriciate any and all advice.Thanks All

[ndu26 114]

Well what you should do is entirely up to you depending on what type of case you think you have (i.e if there are major issues to deal with down the road or not). One thing I know is that if you go through USCIS and department of state websites then read the guides here , coupled with experiences and tips from VJ members( verify all advices though). you will be fine.

I was halfway done with my IR 5 when i came across VJ but I have learned a lot.

I would NOT hire any immigration lawyer for anything I want to do( unless something major happens that I cannot handle). It saves lots of money and time too. If you fall into the hands of an incompetent lawyer( like some members here have), you pay them the fees but end up doing their jobs and follow up with immigration.

So the choice is yours. Good luck as you decide

[candee 0]

Well what you should do is entirely up to you depending on what type of case you think you have (i.e if there are major issues to deal with down the road or not). One thing I know is that if you go through USCIS and department of state websites then read the guides here , coupled with experiences and tips from VJ members( verify all advices though). you will be fine.

I was halfway done with my IR 5 when i came across VJ but I have learned a lot.

I would NOT hire any immigration lawyer for anything I want to do( unless something major happens that I cannot handle). It saves lots of money and time too. If you fall into the hands of an incompetent lawyer( like some members here have), you pay them the fees but end up doing their jobs and follow up with immigration.

So the choice is yours. Good luck as you decide

Thanks ndu26! However I don't need someone to decide for all I need is some guidance and feedback.

I just want to make sure that if we do it on our own without a lawyer it don't come back and bit me in the you know what later on. Anyone else have any ideas to share?

[candee 0]

Thanks ndu26! However I don't need someone to decide for all I need is some guidance and feedback.

I just want to make sure that if we do it on our own without a lawyer it don't come back and bit me in the you know what later on. Anyone else have any ideas to share?

The only major issue is and was my undocumented stay in the country . Is there anyone out there who went through anything like this or even similar to it?

[Ryan H 3,932]

Moved from Progress Reports to Process & Procedures.

[sheeshkabelle 153]

Hello everyone,

I'm new on this site so please be patient with me. I was living in the United States for a number of years.I am a Canadian citizen and have my family back in Canada and would often visit them throughout the year.Last December I returned for a visit and was denied entry at the boarder on my way back to the U.S. My husband a U.S citizen and I were married in October 2011 and we were going to file from inside the United States but now things have changed. I am worried about our next step and we are wondering what would be the best option. Should we file for my Visa using a lawyer or is this something we can do on our own? I'm not sure about the legal implications for remaining in the U.S and would appriciate any and all advice.Thanks All

US CBP figured out you're living in the US with out a valid visa. You're lucky you did not get banned from ever entering the US.

Your best bet is for your husband to file the I-130 for your CR-1 Visa. You are looking at any where from 9 months to a year of waiting. It seems to be totally random lately.

Read the guides carefully, go get a drink, take a deep breath and read them again.

You can visit your husband while everything is in process, but that will be up to the CBP officer you run into. With being turned away before you're going to have to really convince him/her that you are not immigrating illegally.

[pushbrk 14,260]

Hello everyone,

I'm new on this site so please be patient with me. I was living in the United States for a number of years.I am a Canadian citizen and have my family back in Canada and would often visit them throughout the year.Last December I returned for a visit and was denied entry at the boarder on my way back to the U.S. My husband a U.S citizen and I were married in October 2011 and we were going to file from inside the United States but now things have changed. I am worried about our next step and we are wondering what would be the best option. Should we file for my Visa using a lawyer or is this something we can do on our own? I'm not sure about the legal implications for remaining in the U.S and would appriciate any and all advice.Thanks All

If you were living in the USA for a number of years without authorization, then you should definitely consult with a qualified immigration attorney before filing ANY papers. I expect your visa will initially be denied and you'll receive a ten year ban. After the denial, your USC spouse can file a hardship waiver. Your circumstances indicate to me, then severe need to have legal assistance from start to finish.

[candee 0]

Thanks for all your response! One of the Comments about my being lucky not to get a ban from entering the country is true. The officer did mentioned that he could ban me for 2-10years but GOd was on my side and thankfully he did not ban me. Since no ban was placed is it possible that after filing the I-130 that a ban can be placed then? We don't have money for a lawyer and we are so hoping that this is something we can do without hiring one .

[pushbrk 14,260]

Thanks for all your response! One of the Comments about my being lucky not to get a ban from entering the country is true. The officer did mentioned that he could ban me for 2-10years but GOd was on my side and thankfully he did not ban me. Since no ban was placed is it possible that after filing the I-130 that a ban can be placed then? We don't have money for a lawyer and we are so hoping that this is something we can do without hiring one .

Yes it is quite possible your visa will be denied based on the overstay, which you WILL be disclosing. If you fail to disclose it, expect to get caught and face the potential of a lifetime ban. Consult a qualified immigration attorney. Many will do an initial consultation either for free or for a nominal charge.

[jaycali 415]

Thanks for all your response! One of the Comments about my being lucky not to get a ban from entering the country is true. The officer did mentioned that he could ban me for 2-10years but GOd was on my side and thankfully he did not ban me. Since no ban was placed is it possible that after filing the I-130 that a ban can be placed then? We don't have money for a lawyer and we are so hoping that this is something we can do without hiring one .

Were you on the US illegally or was it a visa overstay?

Practically, these have little differences in theory, but to the USCIS, they're very different.

Illegal = You entered without inspection.

Overstay = You entered legally with a valid visa, but overstayed.

If this was an overstay, how many days did you overstay? 180 days or less may be forgiven to spouses of US citizens. More than 180 days, or illegal entry will almost certainly result in your visa being denied. You cannot lie about this in your visa application - If you do, you risk getting a lifetime ban. The consulate will know about your unlawful presence. If/when your visa is denied, your husband can file a waiver in which he has to prove 'extreme hardship' to himself, and argue why he absolutely cannot live with you in Canada. I'd get a lawyer.

[pushbrk 14,260]

Were you on the US illegally or was it a visa overstay?

Practically, these have little differences in theory, but to the USCIS, they're very different.

Illegal = You entered without inspection.

Overstay = You entered legally with a valid visa, but overstayed.

If this was an overstay, how many days did you overstay? 180 days or less may be forgiven to spouses of US citizens. More than 180 days, or illegal entry will almost certainly result in your visa being denied. You cannot lie about this in your visa application - If you do, you risk getting a lifetime ban. The consulate will know about your unlawful presence. If/when your visa is denied, your husband can file a waiver in which he has to prove 'extreme hardship' to himself, and argue why he absolutely cannot live with you in Canada. I'd get a lawyer.

She entered using the Canada visitor privilege and then stayed for "a number of years", as stated in the opening post. She's subject to a ten year ban. It can be imposed at the visa interview. See an attorney.

[Laure&Colin 562]

Thanks for all your response! One of the Comments about my being lucky not to get a ban from entering the country is true. The officer did mentioned that he could ban me for 2-10years but GOd was on my side and thankfully he did not ban me. Since no ban was placed is it possible that after filing the I-130 that a ban can be placed then? We don't have money for a lawyer and we are so hoping that this is something we can do without hiring one .

I agree with the above comments: while most people are better off dealing with the process by themselves, you on the contrary are in a situation that makes a lawyer really necessary. It might be costly but it's also probably the only way for you to make it successfully through the process.

[candee 0]

Does anyone have any idea how long it would take to complete the CR-1 process if we use a lawyer? What I Really want to know is do you think it would still be approximately 6-12 months or longer?

[Laure&Colin 562]

See the CR1 stat page:

http://www.visajourney.com/timeline/irstats.php?cfl=$cfl

So it's been taking about 300 days in the past year. The lawyer can't make it go faster.

However you should be aware that you might encounter significant delay: because of your history of overstay, the risk of your visa being denied at the time of interview is high. Then the USC would need to file a waiver. I have no idea how long it takes, but don't expect it to be fast. I really think you should ask these questions to an attorney.

Edited March 7, 2012 by Laure&Colin

[pushbrk 14,260]

I really think you should ask these questions to an attorney.

EXACTLY. How long it is going to take is going to depend on your past and things you cannot control. A lawyer might not use the NVC shortcuts, like a good do it yourselfer would but this is NOT a do it yourself case. You have LEGAL issues. You have already broken US immigration laws. There are consequences. Get a lawyer.