To use or not to use a Lawyer?

[frali 2]

Sorry guys ... if there is already a thread with this topic then guide me to it.

If not, Should we use a Lawyer or not? I have heard mix reviews. Majority of people gone through the process believe having a lawyer just makes things more complicated.

Views?

[payxibka 10,047]

This is a personal choice.

You are asking this question on a predominantly "self-help" or DIY type website. Most will be lawyer averse.

[frali 2]

This is a personal choice.

You are asking this question on a predominantly "self-help" or DIY type website. Most will be lawyer averse.

FWAGUY... Thanks for your answer... But I was wondering why did you decide to do the filing on your own.

Cheers

[payxibka 10,047]

This is a personal choice.

You are asking this question on a predominantly "self-help" or DIY type website. Most will be lawyer averse.

FWAGUY... Thanks for your answer... But I was wondering why did you decide to do the filing on your own.

Cheers

because I am lawyer averse and in my mind I can do it as good or better than any lawyer

[Carol and Bruno 0]

Sorry guys ... if there is already a thread with this topic then guide me to it.

If not, Should we use a Lawyer or not? I have heard mix reviews. Majority of people gone through the process believe having a lawyer just makes things more complicated.

Views?

If you have no problems and your case is straight forward, then I'd suggest that the 2 of you file the paperwork yourself. You hire an attorney for legal expertise, if you do not need any legal help, then I would not pay an attorney to put your packet together. Keep in mind that you're are still gathering all of the documents and you will then send it to the attorney. They will then turn around and send it to the USCIS. The attorney will organize it and add a cover letter. With the help of other fellow VJ'ers, you can receive great advice and directions for doing this yourself.

This process is 10% paperwork and 90% waiting. My experience with an attorney has only added stress and increased my waiting time. Remember that you'll have a third party in the mix and everything goes through him. You will be constantly sending emails to your attorney asking for any updates. If you file the paperwork yourself, you will know immediately if there is any news of your case.

Today I will be sending my 3rd request to my attorney to send me the documents needed for our interview. I should not have to ask 3 times for these documents. Looks like I'll be printing the documents off of this site and sending them to my fiance myself. This is just one of the many examples I have from my attorney. Your experience might be different, but keep in mind that you only need to FILE paperwork.

Wait for other responses and be sure to choose wisely.

[Gaby&Talbert 1]

We shouldn't have to use a lawyer for anything except possibly criminal defense. Why does everything legal have to be written in such a way that most people are afraid they will make a mistake? We are forced to follow civil proceedure exactly and if not the judge will not allow it or throw your case out completely. I say let people represent themselves as much as possible and allow them to do things for themselves.

The USCIS is actually easier to do this because they have forms for everything unlike other court systems which scare most people into having to hire a lawyer because they don't have a clue on what to do.

[Barbara M. 0]

We are using a lawyer, and though I won't bandy about names, he's out of London and top of his game. If you decide to go that route, they make the paperwork very easy to handle and provide great support for those who go in and out of the US as much as my husband does. Again, be prepared to pay.

[Kevin and 10]

We did everything ourselves. Our case got sent back so we decided to hire a lawyer to handle it. I have since filed another petition without a lawyer. Unless you foresee problems (SO banned from US, Criminal records, ect) you should not need a lawyer.

If you decide on retaining a lawyer you can hire any US Immigration Attorney. Make sure they are an Immigration Attorney and they are a member of AILA (American Immigration Lawyer Assoc.)

Good Luck!

[morocco4ever 63]

Although it is a time consumming and tedious process, you usually can do it yourself. We did, but was initially denied. From what the denial was caused from I honestly don't think a lawyer could have predicted it either. We did contact a lawyer after the denial and showed him our case. He told us what I suspected, our case was cut and dried and we would overcome the denial without his assistance. And we did. Too bad there aren't more lawyers around like this one.

If you have a clean case. Meaning no major red flags, no other attempts to apply for a visa that was denied, never been to the US illegally, etc, then you should be fine to do it yourself.

Just a tip. If you do have red flags make sure to send a letter with the I-130/I-129f that explains them all, and include any evidence to back you up. That is the time to lay it all out on the table.

[Credzba 0]

As others have said it depends.

If either you or your spouse have ever over-stayed visas

If you have sponsored someone else to get a visa in the past.

If your ages have a large difference.

If you or your spouse has commited a felony type of crime in their country.

If you or your spouse have done other stuff that might make the US government not happy.

Any of these kinds of things, you might consider a lawyer, still might not need him, but might think about it.

If you have a normal case, and you can read english and follow directions, then doing it yourself will probably be faster, and will certainly be cheaper.