Lawyer -- Do I really need one?

[tdp903 0]

Greetings!

Just found this niche within the visajourney website and figured I'd share my situation and see if anyone had any input on the question of whether or not to get a lawyer. Here are some of the specifics of my case:

I'm a USC and my wife is Chinese. I moved to China in 2006 and we got married there in 2007. Had a kid in 2008 and another in 2011, both born in China and both USC. My wife had visited the US twice (in 2009 and 2011) on a B2 visa. Last autumn, we sold our small apartment to fund my further education, either online or on-campus. Nevertheless, by that time, we figured it was too late to try to apply for another kind of visa, so we renewed the B2 this spring so that we could all come to the US for my sister's wedding, Dad's 60th birthday and aunt's wedding. When we arrived at immigration (pre flight inspection in Toronto en route to NYC), we explained that we were having all these family functions. The officer then asked if she was planning to immigrate. We told her that we had plans to talk to some immigration lawyers and see if it were possible to perhaps get a green card while in the US. I told the officer that I was enrolled in college and we all were heading to Wisconsin after a stay in New York. The officer gave us a leaflet explaining the I-94 situation and stated that if we planned on getting a green card, we'd need to get the number from the website. And that was the long and short of our entry into the US.

Seeing that there was no issue at Immigration, would there be any complications that would hinder us in putting together the package and tackling the interview ourselves, or are you in the camp that we'd better take on a lawyer regardless of how smooth the process may look?

BTW, we've talked to several lawyers, and they all said that it looked like a simple case, but they still said there might be complications nevertheless...of course they wouldn't suggest that we not use them. On the other hand, we've talked to some permanent residents who did the process themselves and said that a lawyer isn't necessary, yet none of them adjusted from a non-immigrant visa.

I'm curious to how many people are using lawyers to assist them with their AOS. I'd like to know if it is really necessary for my situation. The instructions to do it ourselves look pretty self explanatory, so I would like to know if it'd be worth it to dish out the extra couple thousand dollars on a lawyer.

Any insight is much appreciated! Thanks!

[Darnell 8,478]

I'll suggest a coupla things, maybe (maybe...) help you to decide whether you need an attorney or not.

a. read the VJ guides. map the steps out on paper and pencil. See if anything doesn't make sense to you.

b. Read the USCIS web portal about the forms. Map out the steps on paper and pencil. See if anything doesn't make sense to you.

c. Practice filling out the forms, at least 5 times. See if anything still doesn't make sense to you.

d. Have any red flags? Practice writing up attestation letters about each red flag.

Now, after doing (with major emphasis on DOING ) all of the above, if you do NOT understand the forms and the process and potential red flags for your petition,

then I'd suggest getting a good IMMIGRATION lawyer. You are concerned with time, I am concerned with your 'knowledge acquisition', as knowledge is power. You can have 'it' good, fast or cheap - pick 2.

Welcome to VJ, btw - this is a GREAT DIY Immigration Web Portal, with emphasis on 'Y', and 'D'.

[Cathi 5,771]

your post was very long, I didn't read the entire thing, but as long as you don't have any red flags there is no need for an attorney if you follow the guides here

[tdp903 0]

Darnell,

I'd been pouring over all the forms these past few days and am pretty confident that they are filled out accurately. I will be checking and rechecking them over the next few days to make sure everything is in order. Looks like I have to do some homework about the attestation letters though. Thanks!

BTW, how much time did you spend in Wuhan? Everyone raved about the re gan mian and spicy duck necks, but they sort of fell flat for me...what a let down.

[Darnell 8,478]

don't forget the civil surgeon packet, la.

I'm in Wuhan every 3 or 4 months, staying for a month or two, then transit back to the states. I never did the duck necks, on purpose. rest of the duck always a hit with me...

you gots her civil docs, maybe even 'white book' notarial translations?

letters of attestation are optional, usually written to cover red flags and/or potential red flags.

Edited August 27, 2013 by Darnell

[tdp903 0]

your post was very long, I didn't read the entire thing, but as long as you don't have any red flags there is no need for an attorney if you follow the guides here

No red flags that I know of, other than my wife being on a non-immigrant visa. That's the biggest concern for me. After getting my free phone consultations with about a dozen lawyers or so, I got the impression that despite the visa, the biggest factor is what happened at the point of entry.

[Darnell 8,478]

ya, 'intent' is something evaluated at the point of entry.

since you already had an immigration discussion there, and they let her in, even giving instructions for what to do about filing for a green card, I'd say yer OK.

it's rare that 'that' happens, but she's in country, intent already discussed at the POE, and no one hassle her there.

[tdp903 0]

don't forget the civil surgeon packet, la.

I'm in Wuhan every 3 or 4 months, staying for a month or two, then transit back to the states. I never did the duck necks, on purpose. rest of the duck always a hit with me...

you gots her civil docs, maybe even 'white book' notarial translations?

letters of attestation are optional, usually written to cover red flags and/or potential red flags.

Got all that stuff, just mounds of white books. Got our pictures together with the red background, the works! Looks like someone has done this before

[SBB 74]

Do you have a copy of her vaccination records?

[tdp903 0]

Do you have a copy of her vaccination records?

That's something we don't have. Not entirely surprised that a rural Chinese hospital in the 80's was not on top of the filing of their vaccinations records.

[h13rma 35]

I didn't have mine, Civil Surgeon told me which i required and I just had them redone. I had chickenpox scars so didn't need that one but got Tdap, MMR and Flu, you can either get them from your own Dr or use CVS/Walgreens.

[SBB 74]

Another thing that will likely come up at the civil surgeon stage is that she will most likely need to get the chest x-ray (an extra $100+) unless your civil surgeon uses the QuantiFERON blood test, as most Chinese nationals receive the TB vaccine which can cause false positive results on the skin test.

[AnotherLostSoul 167]

Yeah, do the QuantiFeron....that's what we did...saved us from any X-ray and extra....good luck!

[Darnell 8,478]

Yeah, do the QuantiFeron....that's what we did...saved us from any X-ray and extra....good luck!

Hi ! Could you redo your official VJ timeline, soonish, over at http://www.visajourney.com/timeline/profile.php?id=134273 ??

[Darnell 8,478]

Darnell,

I'd been pouring over all the forms these past few days and am pretty confident that they are filled out accurately. I will be checking and rechecking them over the next few days to make sure everything is in order. Looks like I have to do some homework about the attestation letters though. Thanks!

Hey ! Any movement over there? Hope all is well !