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Author Topic: Self Filing or Immigration Lawyer  (Read 28138 times)

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Offline Turboguy

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« on: January 27, 2005, 07:37:26 AM »
There seem to be a lot of guys who are going through the process or have completed the process of bringing their gal over here and getting married.   I have a few qustions.  

Question one.  Is having an immigration lawyer worth it.   I am assuming that for most of us the money is not all that big an issue and that we would like to get our gal here ASAP or sooner.    Can I get some comments about the value of a lawyer to help with the issues.

Question two.  Assuming this is the best way to go, how do you find a good one.   Doing an internet search, I see guys who quote very low prices,  I see guys who claim they have had a 100 percent success rate.   I see guys who claim they do thousands of cases a year.   I see a lot of guys based in California which is far away from me, is a close one an issue.  Is an office in Mocow a plus if your lady is near that area.   What should I look for?

 

Offline schlegs

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« Reply #1 on: January 27, 2005, 08:59:29 AM »
I used Holmes and Lolly out of California.  I was a little put off by what seemed like a huge number of forms to fill out, so I used an attorney.  Did they help?  Well, they made sure all the papers were in proper format and everythings was correct.  They also have an office in Moscow, so my (then) fiancee could speak to them and go there before her interview for prepping.

If you are meticulous with the paperwork, you can do it yourself and save $2500.  With that money, fly over for the interview, help pack her bags, and fly home together!

Using an attorney will not help in getting the papers through USCIS any faster than preparing them PROPERLY yourself.  

I remember getting an e-mail that told me the papers were received by USCIS and not to contact the law firm for 180 days as that is the soonest they would be processed.

Best of luck TG!

Offline Mamma D

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« Reply #2 on: January 27, 2005, 10:47:57 AM »
My son and many other men that post on the list ...

RUSSIAN-WOMEN-L@MAELSTROM.STJOHNS.EDU

Did the paper work themselves......It is said to take about the same amount of time...

My daughter and grandson (born in the FSU) arrived here 4 years ago last week.....and I am so glad she had the courage to make this huge LEAP OF FAITH....

Her answer was "we are too"

Best of luck and 2 dozen bags of patience... to help! :D

Mamma D
May those that love us, love us.
And those that don't love us,May God turn their hearts.
And if He doesn't turn their hearts,May He turn their ankles,
 So we will know them by their limping.

God put your arm about my shoulder... and your hand over my MOUTH!

Offline stanb4

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« Reply #3 on: January 27, 2005, 11:18:07 AM »
If you have a thousand bucks to burn hire a lawyer and you'll still do most of the work. Your fiancee will still have to obtain all the papers she needs over there and in the end he will check them out for you. But that still doesn't make anything go faster, ask Frank, he used 1 and has had to wait longer than anyone on the board ever has. As for me, I did it myself with the help of a little on-line research and a few questions posed to another board and had no problems.

Offline Bruce

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« Reply #4 on: January 27, 2005, 02:07:53 PM »
Do it yourself.  I have only heard good things about John Roth (Westchester New York) if you have to use a lawyer.
"A word is dead when it is said, some say.  I say it just begins to live that day."  Emily Dickinson

Offline Son of Clyde

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« Reply #5 on: February 09, 2005, 12:45:41 PM »
The attorney is good if you have any complications which I might encounter with my case.

Immigration attorneys do this all the time so I would hope they know what they are doing.

My attorney is excellent but he isn't cheap. I do have the Vermont Service Center on my side.

Offline Muzh

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« Reply #6 on: February 10, 2005, 10:41:24 AM »
[user=29]stanb4[/user] wrote:
Quote
If you have a thousand bucks to burn hire a lawyer and you'll still do most of the work. Your fiancee will still have to obtain all the papers she needs over there and in the end he will check them out for you. But that still doesn't make anything go faster, ask Frank, he used 1 and has had to wait longer than anyone on the board ever has. As for me, I did it myself with the help of a little on-line research and a few questions posed to another board and had no problems.

This is the basic response I've heard from everyone I know that filed a K-1.  I did the paperwork myself, all it took was a little patience and read everything.  Also, don't be afraid to ask questions (including INS) no matter how stupid you think they are.  However, if yoy have money to burn...
To argue with a man who has renounced the use and authority of reason, and whose philosophy consists in holding humanity in contempt, is like administering medicine to the dead. Thomas Paine - The American Crisis 1776-1783

Offline Turboguy

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« Reply #7 on: February 10, 2005, 11:00:47 AM »
I apprecaite everyone's advice.   I am going to follow it and do the paperwork myself.   If I have a problem I will use an attorney to try and fix it and willl likely use John Roth if I need help.   Actually I am sending off the 325A and other papers I need signed to my gal in N. Novgorod tomorrow via DHL.  There are a lot of nit picky things that can make you pull your hair out but it is actually pretty straightforward.   Thanks for all the advice.  If anyone has anything else they want to add, feel free to do so.

Offline 5150

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« Reply #8 on: February 10, 2005, 11:56:17 AM »
I paid $1,600 for an atty & basically threw it away. My atty was/is worthless. My case got lost somewhere & went over 170+ WITHOUT a response regarding my I-129F. I finally wrote my congressman after having marital problems due to the paperwork (I did the mistake of telling my what the paper says "60-90 days baby...") & he got it done. WIthin 14 days of me sending my info the case got passed through. Our interview is for March 28th so pray for us guys!!
ANyways my atty could get me NO answer regarding the delay & I started becoming REALLY upset & going by EVERY week & all she did was say she faxed this or wrote that blah blah blah but bottom line NOTHING was getting done. WHen I wrote my congressman I did NOT tell her anything within 8 days I got one response & she said "I faxed them this form so that must have made them respond" That's when I told her what I did. Her responses "well all that matters is it got done" No $hit?!
Anyways I honestly would NOT recommend one. I used one as I hate paperwork & did NOT want ANYTHING to go wrong so I did it for peace of mind. what a waste man. I would strongly sugges if you DO use one use one who REALLY knows what he/she is doing & save yourself a LOT of heartbreak.

Offline Jet

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« Reply #9 on: February 10, 2005, 04:11:37 PM »
Quote from: Turboguy
  Actually I am sending off the 325A and other papers I need signed to my gal in N. Novgorod tomorrow via DHL.  There are a lot of nit picky things that can make you pull your hair out but it is actually pretty straightforward. 

 

Turboguy,

Save yourself about $80 and ship it US Postal Svs Global Express. It will be in NN in 5 days, for $23 tip: send 3 or 4 complete sets of the G-325a in case she "spoils" a set or two ;)

If you have any questions about the paperwork, post here or PM and I'd be happy to do what I can to help.
Every action in company ought to be done with some sign of respect to those that are present. ~ Geo. Washington

Offline Son of Clyde

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« Reply #10 on: February 10, 2005, 04:21:41 PM »
If my lawyer proves to be as good as he seems to be I can post his contact information here. This is only if you really want to go the attorney route. There are other reasons for using an attorney especially with ex husbands, children and green cards involved.

 

Jet, I made 3 copies for her and her son to sign next week when I am with them in Kiev. 
« Last Edit: February 10, 2005, 04:24:00 PM by Son of Clyde »

Offline Turboguy

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« Reply #11 on: February 11, 2005, 08:02:43 AM »
Hey Jet, Thanks for the tips.   DHL came about a half hour before I read that tip but thanks.    By the way your wife is a doll.  I bet you couldn't find anything comperable here could you.

I sent two copies of the 325-A and told her to just sign them and leave them blank and I would type the info on.   Then I sent about 3 or 4 photo copies for her to fill out so I would have the info.    I sent her a letter of intent and asked her to sign that and a blank piece of paper that I asked her to just sign in about the same spot incase I needed a back up.   I figured I could write a letter over it if I had something wrong.

I hope I dont need an attorney Son fo Clyde, but in the event I do I sure would like the names of good ones.  I am sure a lot of people would like that for a worst case scenario.    Fortunately I don't have to deal with children or ex's over on that end.  This site is great.  I really appreciate the helpful attitude here.

Offline wxman

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« Reply #12 on: March 03, 2005, 05:48:31 AM »
I'm currently in the process of waiting for approval of my K1 visa request. I used the services of John Roth, and he has done all the work for me. I really only had to sign forms. He sent all the forms filled out for my fiancee and sent then to her in Ukraine. These are the forms she will need for embassy interview. So there is very little for her to do either. He is very good, and always accessable through emails or the phone.
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting that vote." – Benjamin Franklin -

Offline Son of Clyde

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« Reply #13 on: March 03, 2005, 04:18:13 PM »
I filed my K-1 today. The lawyer told me he does not only handle cases in Baltimore and DC, he works nationally. I realize John Roth seems to be the primary attorney people are using, but I would also highly recommend my attorney. He handles all facets of immigration law from K-1 to green card and beyond. I am not trying to start an attorney competition, I just like this guy. He is young and very much into his work. His fees are a little higher than John Roth's however he charges a flat rate and does not charge an additional fee for adding children to the visa.
« Last Edit: March 03, 2005, 04:26:00 PM by Son of Clyde »

Offline wxman

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« Reply #14 on: March 03, 2005, 06:50:08 PM »
I think it's great that we can share this info. I know there good lawyers out there and it helps everyone to know who they are. Even those who did it on their own provide just as much valuable advice. Kudos.
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting that vote." – Benjamin Franklin -

Offline Frank

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« Reply #15 on: March 03, 2005, 09:05:52 PM »
Last spring, I went to the visajourney website and followed their directions for all of the paperwork.  It was very straight forward and easy to follow.  There were no hitches in the processing of the paperwork.  After reading the information and looking at the forms, I could not force myself to hire an attorney.  Ultimately, the K-1 visa process went smoothly with no hitches in the process.  Preparing the paperwork yourself is not for everyone, but it is for some.  Frank
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« Reply #16 on: March 04, 2005, 06:24:46 PM »
TurboGuy, no sweat. Easier than doing your taxes :shock: It's not that big a deal really as long as you follow the rules like with any big government agency. The biggest worry is that your file gets, how we say...misplaced and you roll the dice on that one baby! Lawywers won't help you out any better on that one. They sit with the telephone on hold like the rest of us. Lots of guys can walk you through it for free here, just ask.

However, if you must give somebody else all that money :cool: 

Oh, BTW, it might be easiler and neater for her to write her address on the bio where it is required to be in Cyrillic. I still suck at writing Cyrillic :X

Offline Turboguy

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« Reply #17 on: March 04, 2005, 06:46:30 PM »
Thanks Rags.   I have decided to do it myself.  I have heard some real horror stories about using Lawyers.   I apprecaite the comment about the cyrillic but I can do pretty good with it.   Now if I could just learn to spell in English.  Hummm.   I have her paperwork back now and am hoping to get it off on Monday.  I apprecaite all the helpful comments.

Offline Son of Clyde

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« Reply #18 on: March 05, 2005, 05:07:11 AM »
Quote from: Frank
 Preparing the paperwork yourself is not for everyone, but it is for some. 

I do not excel in paperwork that requires detailed information and to risk making a huge error I hired the attorney who completes these forms on a regular basis. I still was required to obtain the details and documents for him and I secured her signatrure when I last visited her.

Comedian Robert Klein did a routine about people who have trouble completing forms. One guy said "oops, I wrote in the space For Office Use Only." This is something I want to avoid doing if it will prolong bringing my fiance here.

I started filling out the forms many times but the section requiring her signature in Cyrillic made me nervous. I didn't want to make a mistake.

This is going to be a very expensive lesson in hiring an attorney to hold my hand but the deed has been done and the visa application is on the way to Vermont.

Offline Turboguy

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« Reply #19 on: March 05, 2005, 05:45:53 AM »
Good luck son of Clyde.  I hear Vermont is slowing down.  It has been the fastest.  If I stay on schedule mine should go off Monday.   Keep us posted as you get your notices.  I hope it goes fast for you.  You should be lucky that you are able to use Vermont which is where mine will also be off to.

I think if you have a good lawyer you will have good results.   If you ask around you find there are a ton of really bad lawyers who have caused people to wait for 6 months to a year extra and won't return phone calls, etc.   My original plans were to use a lawyer.   Now I don't even think I would think about it unless I had complications. 

My suggestion to anyone using a lawyer would be to ask around and make sure you have a good one.  Dont' just pick a name from a website link.

Offline Chris Parker

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« Reply #20 on: March 14, 2005, 11:02:09 AM »
Quote from: Turboguy
Question one.  Is having an immigration lawyer worth it.   I am assuming that for most of us the money is not all that big an issue and that we would like to get our gal here ASAP or sooner.    Can I get some comments about the value of a lawyer to help with the issues.
This is a question like should you use a paid tax preparer vs. do your own taxes.  The answer really depends on the complexity of the situation and whether you think you are capable to carefully follow the directions and learn what the law requires.  Regardless of what USCIS form you are completing, there is one simple rule that sums up the directions on the form:
 
"You must show USCIS certain documents with the form to prove you are eligible to file for the benefit requested."

Therefore, if you are the kind of person who prepares a paper IRS Form 1040 together with schedules A,B, C, and D maybe you are a good candidate to prepare Form I-129F yourself also.  Otherwise, an immigration lawyer would be a good idea for preparing the petition, since the most important pieces of evidence to submit with the form are to properly show that you personally met each other within the 2 years immediately preceding the application and are able to and actually intend to marry each other within 90 days of entry to the U.S. with the K1 visa.  Unclear or incomplete information will cause delays or improper denial of the petition.  Also, an explanation of how you met each other is required and will be sent to the consular officer who will later decide, in his discretion, to approve or deny the visa application by your alien fiancee.  

The careful legal work involved is not in simply filling out the form, but rather in preparing the additional supporting evidence and statements to make sure the petition meets the requirements of the law.  Good luck with your decision on how to proceed.

CP

Offline stanb4

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« Reply #21 on: March 14, 2005, 12:46:41 PM »
So Chris are you a lawyer? Because on my 3 1/2 years on RW discussion boards I've never heard of anyone being turned down. And just a very small few who misfiled their paperwork and had to send in supplemental papers that cost them approx. an extra 2 months.
« Last Edit: March 14, 2005, 12:47:00 PM by stanb4 »

Offline jb

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« Reply #22 on: March 15, 2005, 07:13:54 AM »
I was wondering about that as well.

The BCIS forms are not that hard to figure out, the instructions are written on about an 8th grade level, certainly with no legalese or poorly written sections with trickie areas up for mis-understandings.  In other words, the forms are very straight forward.  

Doing your own taxes is very much harder than completing an I-129F package. In my opinion...

Offline Chris Parker

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« Reply #23 on: March 15, 2005, 07:16:01 AM »
[user=29]stanb4[/user] wrote:
Quote
So Chris are you a lawyer? Because on my 3 1/2 years on RW discussion boards I've never heard of anyone being turned down. And just a very small few who misfiled their paperwork and had to send in supplemental papers that cost them approx. an extra 2 months.
I am not a lawyer, and that write-up and this write-up is just my unqualified opinion of the situation.  After going through all the USCIS laws and regulations non-sense to get through the adjustment of status process (including being denied adjustment for failing to appear for an interview because we never received an appointment notice, and never had an address change either), I have given my opinion on who should use a lawyer for the I-129F petition.  I did use one at that time, and I'm glad I did.

The contents of the petition, even if it is seemlingly automatically approved, will haunt the rest of your immigration experience because it becomes part of the permanent alien file and will be reviewed several times in conjunction with the later discretionary decisions (beginning with the visa interview).  Don't think for a moment that incompetent USCIS screwups (lost items, extra delays, etc.) aren't intentional, because they are intentional and are based on the exercise of discretion after reviewing case history. 

For example, throwing out an application for employment authorization after depositing the check for the filing fee is perfectly legal for the Service to do under its broad discretionary authority to approve or deny the application.  Anyway, there is no way you can prove the loss occurred intentionally even though it definitely did, and in fact this is a legitimate method to use to investigate the legitimacy of the applicant in connection with the primary exercise of discretion still pending.

FYI - I only suggest using a lawyer for preparation of entitlement benefits (such as the I-129F petition, I-751 removal of conditions, and N-400 naturalization).  I specifically recommend *against* using a lawyer for preparation of an application for discretionary benefits (such I-485 adjustment of status, I-765 employment authorization, or I-131 advance parole) or appearing with a lawyer for such an application's interview, since the fact you are not representing yourself, in itself, makes the exercise of discretion more difficult for the Service and could be viewed as evidence of ineligibility.  The lawyer's help with our discretionary benefit applicantions almost certainly caused us only problems, and I regret having used one here.

CP

Offline jb

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« Reply #24 on: March 15, 2005, 07:31:33 AM »
So,,, Chris;

Please expand on what you feel are those "hot button" issues that will cause the CIS officer reviewing a case to excerise the file 13 option with some documents?  

Having spent many hours cooling my heels in the waiting area of the CIS building, sat through the AOS interview, and witnessed first hand the attitude of the USCIS officers, I have my own ideas, but I'd be interested to hear your thoughts on the subject.

 

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