DS-261 needed with attorney?

[cordoba2015 224]

Hi everyone,

 

I was looking through the very helpful NVC Wiki here on VisaJourney but had a question about choosing an agent. On the flowchart in the wiki it says "submit DS-261 online form (N/A) if using a lawyer)". An attorney is taking care of the whole visa process for me and will be my agent. So that means they will not need to submit the DS-261 at all? It seems pretty clear with what the flowchart says, however, I ask for clarification on this only because the NVC website says the following about selecting an agent:

 

"Your agent will receive communication from the NVC about your case. You may act as your own agent or you may choose your petitioner, a family member, friend, attorney, immigration professional, or any other person you trust. You may have an agent that represented you and the petitioner in the petition process with USCIS. However, you will need to formally select an agent to represent you for your visa processing."

 

That statement makes it sound like lawyer or no lawyer, a DS-261 is mandatory, because how else could I "formally select" an agent, other than by having my lawyer fill out the DS-261?

 

The wiki says "Note: if you have a lawyer/attorney/legal representative from the I-130 petition, then they'll be automatically selected as agent for your case, thus by-passing the DS-261."

 

That explains the "N/A" on the flowchart. I assume NVC gets our approved petition, sees that a lawyer filed it, and goes ahead and selects the lawyer as my agent. This automatic selection of the agent qualifies as formally selecting an agent?

 

The NVC page says  "Please allow up to 3 weeks for the NVC to process your DS-261 before continuing to the next step."

 

So in theory, with all of this information, using a lawyer potentially saves up to 3 weeks of processing time from not having to submit the DS-261, according to the flowchart, or am I incorrect in assuming this?

Edited February 20, 2017 by cordoba2015

[MO&RA 22]

On February 20, 2017 at 4:19 PM, cordoba2015 said:

Hi everyone,

 

I was looking through the very helpful NVC Wiki here on VisaJourney but had a question about choosing an agent. On the flowchart in the wiki it says "submit DS-261 online form (N/A) if using a lawyer)". An attorney is taking care of the whole visa process for me and will be my agent. So that means they will not need to submit the DS-261 at all? It seems pretty clear with what the flowchart says, however, I ask for clarification on this only because the NVC website says the following about selecting an agent:

 

"Your agent will receive communication from the NVC about your case. You may act as your own agent or you may choose your petitioner, a family member, friend, attorney, immigration professional, or any other person you trust. You may have an agent that represented you and the petitioner in the petition process with USCIS. However, you will need to formally select an agent to represent you for your visa processing."

 

That statement makes it sound like lawyer or no lawyer, a DS-261 is mandatory, because how else could I "formally select" an agent, other than by having my lawyer fill out the DS-261?

 

The wiki says "Note: if you have a lawyer/attorney/legal representative from the I-130 petition, then they'll be automatically selected as agent for your case, thus by-passing the DS-261."

 

That explains the "N/A" on the flowchart. I assume NVC gets our approved petition, sees that a lawyer filed it, and goes ahead and selects the lawyer as my agent. This automatic selection of the agent qualifies as formally selecting an agent?

 

The NVC page says  "Please allow up to 3 weeks for the NVC to process your DS-261 before continuing to the next step."

 

So in theory, with all of this information, using a lawyer potentially saves up to 3 weeks of processing time from not having to submit the DS-261, according to the flowchart, or am I incorrect in assuming this?

Congratulations on getting your green card. I read your post above and couldn't find an answer by the others to it. I have the same situation. An attorney filed for my I-130. The approval to the petition has been sent to NVC on June 29th, and I'm waiting g to receive a case no. At this time, I might not proceed with my attorney and choose to be my own agent. I'd like to file for DS-261 and choose the agent as myself then. What should I do to not let the attorney to be chosen as an agent automatically? 

[Lacosta 40]

2 hours ago, MO&RA said:

Congratulations on getting your green card. I read your post above and couldn't find an answer by the others to it. I have the same situation. An attorney filed for my I-130. The approval to the petition has been sent to NVC on June 29th, and I'm waiting g to receive a case no. At this time, I might not proceed with my attorney and choose to be my own agent. I'd like to file for DS-261 and choose the agent as myself then. What should I do to not let the attorney to be chosen as an agent automatically? 

Same situation here, I want to be my relative's agent. I hope so they give me the option to select myself. 

[cordoba2015 224]

Yeah nobody was able to answer my question back when I posted this. At the time, I remember I really wanted to get as accurate a timeline as possible for the rest of the process. I was interested in seeing if any time is saved by using an attorney.

 

As it turns out, some time was saved because my attorney received an email from NVC with our case number and invoice number shortly after our approved I-130 was received at NVC. Both fees were available to be paid at the same time, something that isn't possible otherwise. Those not using an attorney typical have one fee available and the next one a few days after, rather than everything available at once. So basically, an attorney lets you get the ball rolling and pay and submit your documents sooner.

[Lacosta 40]

2 minutes ago, cordoba2015 said:

Yeah nobody was able to answer my question back when I posted this. At the time, I remember I really wanted to get as accurate a timeline as possible for the rest of the process. I was interested in seeing if any time is saved by using an attorney.

 

As it turns out, some time was saved because my attorney received an email from NVC with our case number and invoice number shortly after our approved I-130 was received at NVC. Both fees were available to be paid at the same time, something that isn't possible otherwise. Those not using an attorney typical have one fee available and the next one a few days after, rather than everything available at once. So basically, an attorney lets you get the ball rolling and pay and submit your documents sooner.

Do you think there is any difference? I will prepare my visa processing by myself, but an attorney help me to complete my I-130 and he received the original approved notice. My question is, if i change the address they will dismiss him as my attorney? will I received my nvc letter straight to my home? I do not want to change my address and delay my case. 

 

[MO&RA 22]

59 minutes ago, cordoba2015 said:

Yeah nobody was able to answer my question back when I posted this. At the time, I remember I really wanted to get as accurate a timeline as possible for the rest of the process. I was interested in seeing if any time is saved by using an attorney.

 

As it turns out, some time was saved because my attorney received an email from NVC with our case number and invoice number shortly after our approved I-130 was received at NVC. Both fees were available to be paid at the same time, something that isn't possible otherwise. Those not using an attorney typical have one fee available and the next one a few days after, rather than everything available at once. So basically, an attorney lets you get the ball rolling and pay and submit your documents sooner.

Thanks for the reply. So did the NVC give you the option to still file for DS-261 to choose an agent although you had an attorney? 

[cordoba2015 224]

Just now, MO&RA said:

Thanks for the reply. So did the NVC give you the option to still file for DS-261 to choose an agent although you had an attorney? 

I believe they just assumed I would be working with the attorney for the rest of the process, which is how I could skip the DS-261. I don't know if you can even file the DS-261 if you had an attorney help with the I-130.

[cordoba2015 224]

1 hour ago, leidyacosta13 said:

Do you think there is any difference? I will prepare my visa processing by myself, but an attorney help me to complete my I-130 and he received the original approved notice. My question is, if i change the address they will dismiss him as my attorney? will I received my nvc letter straight to my home? I do not want to change my address and delay my case. 

 

I don't think an address change will slow down your case at all.

[MO&RA 22]

Thanks. 

[Tanvir singh 14]

On 01/07/2017 at 5:37 AM, MO&RA said:

Congratulations on getting your green card. I read your post above and couldn't find an answer by the others to it. I have the same situation. An attorney filed for my I-130. The approval to the petition has been sent to NVC on June 29th, and I'm waiting g to receive a case no. At this time, I might not proceed with my attorney and choose to be my own agent. I'd like to file for DS-261 and choose the agent as myself then. What should I do to not let the attorney to be chosen as an agent automatically? 

Hi friend same situation here they send me  case number when i opened thay asked  pay now and they Dnt send me ds261 cos myi130  submit by lawyer  thats why i dnt need  to fill ds261 am right . Thn  what i do if idnt need attroney for nvc process plzz help friend

[MO&RA 22]

9 minutes ago, Tanvir singh said:

Hi friend same situation here they send me  case number when i opened thay asked  pay now and they Dnt send me ds261 cos myi130  submit by lawyer  thats why i dnt need  to fill ds261 am right . Thn  what i do if idnt need attroney for nvc process plzz help friend

I didn't need to fill Ds 261 (choose the agent form). Just email them (NVC) and ask to remove the attorney from your case.

[Tanvir singh 14]

Just now, MO&RA said:

I didn't need to fill Ds 261 (choose the agent form). Just email them (NVC) and ask to remove the attorney from your case.

 

Just now, MO&RA said:

I didn't need to fill Ds 261 (choose the agent form). Just email them (NVC) and ask to remove the attorney from your case.

So now i can pay fees myself dont need to fil ds261 so can i caal to my attorney idnt need ur i can do my self

[MO&RA 22]

10 hours ago, Tanvir singh said:

 

So now i can pay fees myself dont need to fil ds261 so can i caal to my attorney idnt need ur i can do my self

You can tell the attorney you wish to proceed yourself for this part. But send an email to NVC, so they don't sent the future correspondence to the lawyer. and yes, pay the fees. don't worry about the form. 

Edited April 13, 2018 by MO&RA

[Tanvir singh 14]

1 minute ago, MO&RA said:

You can tell the attorney you wish to proceed yourself for this part. But send an email to NVC, so they don't sent the correspondence to the lawyer.

They ill take more time to delete the attrony name from the form or not