Immigration Visa, Greencards and Lawyers

[dabong 0]

Ok, so i'm trying to help out a friend who's not very good with english. My friend who is a US citizen, filed an I-30 for her sister w/ 2 children. Recently, she hired an attorney to handle the case as it was getting close to the priority date and she is not very knowledgeable about the process. Sure enough, NVC sent out a request for Affidavit of Support fee bill and the Immigrant Visa Processing fee bill to the attorney's office a week ago. My friend has given the lawyer the appropriate amount for the NVC fees as well as attorney fees. Now her lawyer is demanding additional attorney fees for "greencard application". Note, this is before an interview has even been granted.

My questions: Is this common practice? Should she pay this fee or is the lawyer just yanking her chain?

I was just given all this information and had to learn all this stuff on the fly thanks to this helpful forum. From my understanding, aren't greencards automatically given to persons with immigration visa once they arrive in the US? In affect, isn't a "greencard application" one and the same as the immigration visa application? Lastly, once the Affidavit of Support fee bill and the Immigrant Visa Processing fee bill are paid, is there a lot of complicated paper work leading up to the granting of visa that would require an attorney? Or can this be handled by a layman?

Thank you in advance for any advice.

[NickD 203]

Ok, so i'm trying to help out a friend who's not very good with english. My friend who is a US citizen, filed an I-30 for her sister w/ 2 children. Recently, she hired an attorney to handle the case as it was getting close to the priority date and she is not very knowledgeable about the process. Sure enough, NVC sent out a request for Affidavit of Support fee bill and the Immigrant Visa Processing fee bill to the attorney's office a week ago. My friend has given the lawyer the appropriate amount for the NVC fees as well as attorney fees. Now her lawyer is demanding additional attorney fees for "greencard application". Note, this is before an interview has even been granted.

My questions: Is this common practice? Should she pay this fee or is the lawyer just yanking her chain?

I was just given all this information and had to learn all this stuff on the fly thanks to this helpful forum. From my understanding, aren't greencards automatically given to persons with immigration visa once they arrive in the US? In affect, isn't a "greencard application" one and the same as the immigration visa application? Lastly, once the Affidavit of Support fee bill and the Immigrant Visa Processing fee bill are paid, is there a lot of complicated paper work leading up to the granting of visa that would require an attorney? Or can this be handled by a layman?

Thank you in advance for any advice.

I-485 is a killer at $930 plus a biometrics fee of $80; the fee total is $1,010 for each person, the adjustment of status. G-325a is free, and also one for each person plus the petitioner, sure wouldn't pay an attorney to fill that out, it's all personal information an attorney could not fill out without asking you every question. I-485 isn't so difficult either, a four page form with practically the same stuff as the G-325a, but with lots of questions, like are you coming here to overthrow the governement.

I-693 is also free, but a USCIS doctor can nail you, if shots are needed, your county health department is far cheaper than going to some of these crooks, also with those many sexual diseases. University of Madison Medical school charged 25 bucks for an HIV test, quite an impressive document, a clinic wanted over 400 bucks for that same test. Everything for your friend is times three, that adds up in a hurry. But will have to find a doctor that will accept these results, some insist on doing it themselves. Extremely important that they bring all of their medical and shot records with them. No sense in paying for shots they already had. Many USCIS doctors just draw blood and send it off to the lab anyway, pocketing 375 bucks. It's a racket. These forms can be downloaded at http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD for free and can be saved with free Adobe Arcobat Reader ver. 9.1 and can be saved filled out on your computer now for corrections with retyping the whole thing.

See they are now charging 70 bucks for the I-864 if filed here, nobody wants to sign that anyway, but you have to. I-765 for an EAD card is optional would cost 340 bucks per person, in our case, only bought us a couple of months, took the USCIS so damn long to process it, my folks got their green cards a couple of months later, and then you have to go to SS again to update their SS cards. Same with that travel document the I-131 for an extra 305 bucks per person, most people don't want to leave here after they just arrived, but may only buy you a couple of months like that EAD card. That will save you a couple of thousand bucks with three people.

With or without an attorney, you still have to gather all the evidence, USCIS tells you what you need but they love to combine the required evidence for every scenario into one long set of instructions, you have to read that very carefully to see what applies to you. Stuff like birth and previous marriage certificates, divorce papers, police reports stating that you didn't do anything wrong all translated into English with the original documents. If the sister is bringing along a couple of kids, some kind of court order stating she does have full physical custody with a signed statement by the biological father giving is permission is required. If he is dead, his death certificate.

[TayRivers 4]

Ok, so i'm trying to help out a friend who's not very good with english. My friend who is a US citizen, filed an I-30 for her sister w/ 2 children. Recently, she hired an attorney to handle the case as it was getting close to the priority date and she is not very knowledgeable about the process. Sure enough, NVC sent out a request for Affidavit of Support fee bill and the Immigrant Visa Processing fee bill to the attorney's office a week ago. My friend has given the lawyer the appropriate amount for the NVC fees as well as attorney fees. Now her lawyer is demanding additional attorney fees for "greencard application". Note, this is before an interview has even been granted.

My questions: Is this common practice? Should she pay this fee or is the lawyer just yanking her chain?

I was just given all this information and had to learn all this stuff on the fly thanks to this helpful forum. From my understanding, aren't greencards automatically given to persons with immigration visa once they arrive in the US? In affect, isn't a "greencard application" one and the same as the immigration visa application? Lastly, once the Affidavit of Support fee bill and the Immigrant Visa Processing fee bill are paid, is there a lot of complicated paper work leading up to the granting of visa that would require an attorney? Or can this be handled by a layman?

Thank you in advance for any advice.

I-485 is a killer at $930 plus a biometrics fee of $80; the fee total is $1,010 for each person, the adjustment of status. G-325a is free, and also one for each person plus the petitioner, sure wouldn't pay an attorney to fill that out, it's all personal information an attorney could not fill out without asking you every question. I-485 isn't so difficult either, a four page form with practically the same stuff as the G-325a, but with lots of questions, like are you coming here to overthrow the governement.

I-693 is also free, but a USCIS doctor can nail you, if shots are needed, your county health department is far cheaper than going to some of these crooks, also with those many sexual diseases. University of Madison Medical school charged 25 bucks for an HIV test, quite an impressive document, a clinic wanted over 400 bucks for that same test. Everything for your friend is times three, that adds up in a hurry. But will have to find a doctor that will accept these results, some insist on doing it themselves. Extremely important that they bring all of their medical and shot records with them. No sense in paying for shots they already had. Many USCIS doctors just draw blood and send it off to the lab anyway, pocketing 375 bucks. It's a racket. These forms can be downloaded at http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD for free and can be saved with free Adobe Arcobat Reader ver. 9.1 and can be saved filled out on your computer now for corrections with retyping the whole thing.

See they are now charging 70 bucks for the I-864 if filed here, nobody wants to sign that anyway, but you have to. I-765 for an EAD card is optional would cost 340 bucks per person, in our case, only bought us a couple of months, took the USCIS so damn long to process it, my folks got their green cards a couple of months later, and then you have to go to SS again to update their SS cards. Same with that travel document the I-131 for an extra 305 bucks per person, most people don't want to leave here after they just arrived, but may only buy you a couple of months like that EAD card. That will save you a couple of thousand bucks with three people.

With or without an attorney, you still have to gather all the evidence, USCIS tells you what you need but they love to combine the required evidence for every scenario into one long set of instructions, you have to read that very carefully to see what applies to you. Stuff like birth and previous marriage certificates, divorce papers, police reports stating that you didn't do anything wrong all translated into English with the original documents. If the sister is bringing along a couple of kids, some kind of court order stating she does have full physical custody with a signed statement by the biological father giving is permission is required. If he is dead, his death certificate.

NickD the information you have given is for someone applying for AOS the OP is talking about a immigrant visa there is no AOS for someone on a immigrant visa.

dabong The IV fee and the DS230 is the paperwork that will give the person a greencard. Once the person is approved at the Embassy/Consulate interview they get a visa stamp in their passport. When they enter the US the officer at the POE stamps the visa and it become a temp greencard valid for 1 year, About 1 - 2 months after their arrival they will get the 10 year greencard in the mail at the address they gave the POE.

There is no further Greencard application to do. Sounds to me like the lawyer is looking to make some extra cash. The paperwork is not too hard to do as long as you follow the instructions and take time to make sure you have all the documents needed. Do you need a lawyer to do this? Well I would say if you are comfortable with the forms then you can do it yourself, if you are unsure about what you need to do then use someone else to help you, that could be a lawyer or anyone else who is good with forms.

Edited September 4, 2009 by TayRivers

[NickD 203]

Don't mind admitting that I am an idiot with all the various methods to bring a relative here of a USC. OP mentioned an I-30, couldn't find any USCIS form like that. And you bring up the DS-230 that I believe is a DOS form.

Could I impose upon you to tell me how a USC can bring an unmarried over 21 year son here to gain LPR status. Would really appreciate if you would list out the forms,

[dabong 0]

Thank you both for your reply. TayRivers...Ok so once all the fees are submitted, which I think comes to 400 per applicant plus 70 for petitioner what other forms are required leading up to the interview? Is it the ds-230 you're referring to? I'm no lawyer but has filled out my fair share of forms over the years. I will help submit the fees online at www.ImmigrantVisas.state.gov, will their instructions be pretty straight forward after the fees are submitted.

One last issue, the attorney is listed as the main contact for the case, however NVC also have the petitioner and applicant's email as contacts. Will NVC send any important mail solely to the attorney or will all parties involved receive the mail/emails? Obviously, I don't want to miss anything should my friend decide to let the attorney go.

You guys on this forum are awesome.

[JimVaPhuong 4,863]

Don't mind admitting that I am an idiot with all the various methods to bring a relative here of a USC. OP mentioned an I-30, couldn't find any USCIS form like that. And you bring up the DS-230 that I believe is a DOS form.

Could I impose upon you to tell me how a USC can bring an unmarried over 21 year son here to gain LPR status. Would really appreciate if you would list out the forms,

I think OP meant I-130.

Unmarried sons and daughters of USC's who are over 21 are Family First Preference (F1). If they are under 21 then they are IR2. The process for USC's to bring family members to the US is summarized in this guide from USCIS:

http://www.uscis.gov/files/article/A1eng.pdf

[dabong 0]

Oops sorry typo, yes just to be clear I meant I-130, for siblings of USC with children all under 21. Everyone else feel free to chime in. We need to make some decisions soon. Thank you!

[TayRivers 4]

Don't mind admitting that I am an idiot with all the various methods to bring a relative here of a USC. OP mentioned an I-30, couldn't find any USCIS form like that. And you bring up the DS-230 that I believe is a DOS form.

Could I impose upon you to tell me how a USC can bring an unmarried over 21 year son here to gain LPR status. Would really appreciate if you would list out the forms,

A over 21 child of a USC has to wait for a visa to become available before they can come to the USA. They would be in visa catagory F1 see here http://travel.state.gov/visa/frvi/bulletin...letin_4558.html

The process is to file I-130 with USCIS they then have to wait until their priority date is current, once a visa number is available the case is then processed by NVC and then set to the embassy/consulate for interview.

The forms that are used are:-

I-130 - Petition for Alien Relative - USCIS

DS-3032 - Choice of Agent - NVC

I-864 - Affidavit of Support - NVC

DS-230 - Immigrant visa application - NVC

Medical in Home Country

Interview at Embassy/Consulate

Entry to USA

[TayRivers 4]

Thank you both for your reply. TayRivers...Ok so once all the fees are submitted, which I think comes to 400 per applicant plus 70 for petitioner what other forms are required leading up to the interview? Is it the ds-230 you're referring to? I'm no lawyer but has filled out my fair share of forms over the years. I will help submit the fees online at www.ImmigrantVisas.state.gov, will their instructions be pretty straight forward after the fees are submitted.

One last issue, the attorney is listed as the main contact for the case, however NVC also have the petitioner and applicant's email as contacts. Will NVC send any important mail solely to the attorney or will all parties involved receive the mail/emails? Obviously, I don't want to miss anything should my friend decide to let the attorney go.

You guys on this forum are awesome.

Yes the IV bill is $400.00 per person for the DS-230 and $70.00 for the affidavit of support.

Once the IV fee bill has been paid there is a link on the payment site for all the instructions for the next stage. The Lawyer will be the Agent and will be the primary contact for NVC but emails will be sent to the benificuiary and the petitioner. You can change the Choice of Agent, you just need to contact NVC to do it.

[dabong 0]

So I won't have to file another ds-3032, NVC can just change COA over the phone or emails? Also in summary, once IV/AOS fees are paid, the forms left to be filed are DS-230 and I-864? Or was the I-864 filed earlier in the petition process?

[TayRivers 4]

So I won't have to file another ds-3032, NVC can just change COA over the phone or emails? Also in summary, once IV/AOS fees are paid, the forms left to be filed are DS-230 and I-864? Or was the I-864 filed earlier in the petition process?

They may need another DS3032, you would need to ask NVC. Yes once the IV/AOS fees have been paid you have to file the DS-230 (1 for each person) and the I-864 and make sure you have all the original documents you will need.

[dabong 0]

Ok, thanks TayRiver, you've made it crystal clear.

[NickD 203]

Don't mind admitting that I am an idiot with all the various methods to bring a relative here of a USC. OP mentioned an I-30, couldn't find any USCIS form like that. And you bring up the DS-230 that I believe is a DOS form.

Could I impose upon you to tell me how a USC can bring an unmarried over 21 year son here to gain LPR status. Would really appreciate if you would list out the forms,

A over 21 child of a USC has to wait for a visa to become available before they can come to the USA. They would be in visa catagory F1 see here http://travel.state.gov/visa/frvi/bulletin...letin_4558.html

The process is to file I-130 with USCIS they then have to wait until their priority date is current, once a visa number is available the case is then processed by NVC and then set to the embassy/consulate for interview.

The forms that are used are:-

I-130 - Petition for Alien Relative - USCIS

DS-3032 - Choice of Agent - NVC

I-864 - Affidavit of Support - NVC

DS-230 - Immigrant visa application - NVC

Medical in Home Country

Interview at Embassy/Consulate

Entry to USA

Let's say for instance if an unmarried over 21 child is already here legally under either a student/work/tourist visa, can that DS-230 be skipped? I-130 does ask that question, and wonder if this would be a shortcut, sounds like that wait in line is just a tad short of an eternity.

If only the DS-230 route can be taken, couldn't find instructions for it, "APPLICATION FOR IMMIGRANT VISA AND ALIEN REGISTRATION" does this bypass the I-485 and all those other USCIS forms for getting a green card?

[TayRivers 4]

Don't mind admitting that I am an idiot with all the various methods to bring a relative here of a USC. OP mentioned an I-30, couldn't find any USCIS form like that. And you bring up the DS-230 that I believe is a DOS form.

Could I impose upon you to tell me how a USC can bring an unmarried over 21 year son here to gain LPR status. Would really appreciate if you would list out the forms,

A over 21 child of a USC has to wait for a visa to become available before they can come to the USA. They would be in visa catagory F1 see here http://travel.state.gov/visa/frvi/bulletin...letin_4558.html

The process is to file I-130 with USCIS they then have to wait until their priority date is current, once a visa number is available the case is then processed by NVC and then set to the embassy/consulate for interview.

The forms that are used are:-

I-130 - Petition for Alien Relative - USCIS

DS-3032 - Choice of Agent - NVC

I-864 - Affidavit of Support - NVC

DS-230 - Immigrant visa application - NVC

Medical in Home Country

Interview at Embassy/Consulate

Entry to USA

Let's say for instance if an unmarried over 21 child is already here legally under either a student/work/tourist visa, can that DS-230 be skipped? I-130 does ask that question, and wonder if this would be a shortcut, sounds like that wait in line is just a tad short of an eternity.

If only the DS-230 route can be taken, couldn't find instructions for it, "APPLICATION FOR IMMIGRANT VISA AND ALIEN REGISTRATION" does this bypass the I-485 and all those other USCIS forms for getting a green card?

It is unlikely that the child over 21 would be able to maintain a student visa for the number of years it would take for a visa number to become available. If they had a work visa then they may be able to file for greencard that way. If they had a tourist visa they would not be able to remain in the US for the 6 + years it will take for a visa to become available.

The DS230 is the application for a immigrant visa once approved and the person enters the US they are LPR and will get a 10 year greencard. They do not have to do Adjustment of Status because they are already LPR.

The I-485 is for people to adjust their status from a non-immigrant visa to that of LPR.

[NickD 203]

Don't mind admitting that I am an idiot with all the various methods to bring a relative here of a USC. OP mentioned an I-30, couldn't find any USCIS form like that. And you bring up the DS-230 that I believe is a DOS form.

Could I impose upon you to tell me how a USC can bring an unmarried over 21 year son here to gain LPR status. Would really appreciate if you would list out the forms,

A over 21 child of a USC has to wait for a visa to become available before they can come to the USA. They would be in visa catagory F1 see here http://travel.state.gov/visa/frvi/bulletin...letin_4558.html

The process is to file I-130 with USCIS they then have to wait until their priority date is current, once a visa number is available the case is then processed by NVC and then set to the embassy/consulate for interview.

The forms that are used are:-

I-130 - Petition for Alien Relative - USCIS

DS-3032 - Choice of Agent - NVC

I-864 - Affidavit of Support - NVC

DS-230 - Immigrant visa application - NVC

Medical in Home Country

Interview at Embassy/Consulate

Entry to USA

Let's say for instance if an unmarried over 21 child is already here legally under either a student/work/tourist visa, can that DS-230 be skipped? I-130 does ask that question, and wonder if this would be a shortcut, sounds like that wait in line is just a tad short of an eternity.

If only the DS-230 route can be taken, couldn't find instructions for it, "APPLICATION FOR IMMIGRANT VISA AND ALIEN REGISTRATION" does this bypass the I-485 and all those other USCIS forms for getting a green card?

It is unlikely that the child over 21 would be able to maintain a student visa for the number of years it would take for a visa number to become available. If they had a work visa then they may be able to file for greencard that way. If they had a tourist visa they would not be able to remain in the US for the 6 + years it will take for a visa to become available.

The DS230 is the application for a immigrant visa once approved and the person enters the US they are LPR and will get a 10 year greencard. They do not have to do Adjustment of Status because they are already LPR.

The I-485 is for people to adjust their status from a non-immigrant visa to that of LPR.

Wasn't quite sure if that long waiting line was for an visa from the DOS or I-130 processing from the USCIS. But from what you are saying, have to wait in that long line whether you are here or not.

This is also new to me, is the DOS also in the business of issuing green cards? Thought that was exclusive to only the USCIS. From that "I am a USC" link above: http://www.uscis.gov/files/article/A1eng.pdf

"You begin the process by filing Form I-130, Petition for Alien

Relative. This form establishes the family relationship that exists

between you and your relative. The form is available on our website

at www.uscis.gov. Sometimes the I-130 can be filed together with

an application for permanent residence (Form I-485, Application to

Register Permanent Residence or Adjust Status). This is discussed

below."

Below states filing the I-485 with over a thousand buck pricetag, DS-230 if that does the same thing is less than half the price. And that site doesn't say anything about the DS-230.

So you can see where this can be confusing, but with 1,525 governmental agencies in this country with a lot of over lapping, already accustomed in automotive engineering, if you are following the laws of one, breaking the laws of another. What a mess this country is in.

Will study the DOS site, but from what I know now, have at least four years to do that. But if the Mayan prophecies are correct, where the world will end in 2012, won't have to worry about it anyway.