Spoke to attorney (opinions?)

[AllisonB 0]

I absolutely cannot get a call back in a reasonable amount of time from a local attorney. I'm old fashioned and wanted to be able to go in and sit down face to face with someone. Anyhow, I called John Carrico's number. I found it on his site www.advancedimmigration.com. Has anyone heard of this site, good or bad?

I spoke to a very nice guy who explained how they would process my fiancee (who EWI). He was saying that they would file a petition now and then waiting for reforms to come into play to proceed. He explained that if my fiancee was picked up during this time that his status would show as "pending".

Does this sound like BS?

[jula 0]

I absolutely cannot get a call back in a reasonable amount of time from a local attorney. I'm old fashioned and wanted to be able to go in and sit down face to face with someone. Anyhow, I called John Carrico's number. I found it on his site www.advancedimmigration.com. Has anyone heard of this site, good or bad?

I spoke to a very nice guy who explained how they would process my fiancee (who EWI). He was saying that they would file a petition now and then waiting for reforms to come into play to proceed. He explained that if my fiancee was picked up during this time that his status would show as "pending".

Does this sound like BS?

It does to me... from a little that you wrote about the course of action. Even if you are married and you file I-130 on your husbands behalf, that does not make him legal ... How long are they going to wait for reforms?!

[AllisonB 0]

I absolutely cannot get a call back in a reasonable amount of time from a local attorney. I'm old fashioned and wanted to be able to go in and sit down face to face with someone. Anyhow, I called John Carrico's number. I found it on his site www.advancedimmigration.com. Has anyone heard of this site, good or bad?

I spoke to a very nice guy who explained how they would process my fiancee (who EWI). He was saying that they would file a petition now and then waiting for reforms to come into play to proceed. He explained that if my fiancee was picked up during this time that his status would show as "pending".

Does this sound like BS?

It does to me... from a little that you wrote about the course of action. Even if you are married and you file I-130 on your husbands behalf, that does not make him legal ... How long are they going to wait for reforms?!

He didn't say it made him legal, he said it made him ineligible for deportation, which I didn't think was possible. He says that the best thing to do is to do the petition now, then wait for the reforms in early '07, and then to pursue some provision of the reform....

[john_and_marlene 162]

And what happens when the petition is approved and they want to interview? Stall? Delay? at some point they will deny and you are back at square 1 except that he is identified now as being illegally in the U.S. It has been a decade since the last "reform" (amnesty) and it is not a favorable political position for the forseeable future. You would be waiting for something that may never happen. In my opinion, this lawyer is not looking to work towards legalizing his status in the most direct/timely manner.

Maybe a second opinion from a different attorney would be helpful

[kitkat1 5]

He didn't say it made him legal, he said it made him ineligible for deportation, which I didn't think was possible. He says that the best thing to do is to do the petition now, then wait for the reforms in early '07, and then to pursue some provision of the reform....

This is 100% INCORRECT. Having an approved I-129F or I-130 petition does not protect him from deportation - people get deported on the way to their interviews. I would not wait for reform when there is no proof that it will come. Also, there is a current proposal that eliminates the need for a waiver for illegal presence and instead charges a $2000 fine - but it does NOT cover fiances - only spouses who have an I-130 in process on the potential effective date of a bill that may never pass. (If you ever speak to that lawyer again, ask him if he is aware of this rather important detail).

My opinion is to file the I-129F on your own - you don't need an attorney to do that. When the petition is approved and he has an interview date, he will go to his interview and you will submit your hardship letter with his 601 waiver. By the time it's approved and he's back in the US, immigration reform probably will not have passed.

[tracimn123 0]

Kikatt,

Correct me if I am wrong but from my understanding you can not file a I-601 for a Fiancee?

[AllisonB 0]

Kikatt,

Correct me if I am wrong but from my understanding you can not file a I-601 for a Fiancee?

He is currently a fiancee, but we have a marriage license. He COULD be a spouse tomorrow if I wanted, and if it was more beneficial. kitkat, any chance we could chat on the phone about this?

[kitkat1 5]

Kikatt,

Correct me if I am wrong but from my understanding you can not file a I-601 for a Fiancee?

601 waivers are available based upon the beneficiay's relationship to a US Citizen spouse OR fiancé under INA §212(d)(3), which authorizes waivers of the unlawful presence grounds of inadmissibility.

That said, some consulates apparently don't know the law and have, in the past, made mistakes on this. It may very well be the case that in Brazil you would have a much stronger case being a spouse. An immigration attorney very experienced in submitting 601 waivers through Brazil will be able to tell you the approval and denial rates there.

Allison, I strongly recommend you schedule a phone consultation with Laurel Scott (www.visacentral.net). While it may not be the most comfortable situation to have a lawyer in another state, you will be much better off with a lawyer who is knowledgable and experienced. There are way too many lawyers out there like the one you talked to who know nothing about the law and give bad advice. A consultation will clarify things for you and it doesn't mean you need to hire her.

[AllisonB 0]

OK, I will schedule her. I guess I'm also worried that an attorney will tell me what they want in order to have me retain them. I am a paralegal, but in real estate, so I'm fairly familiar with legal forms, but this is not my field. I'll go ahead and request a phone consultation with her.

Is this similar to your situation?

Kikatt,

Correct me if I am wrong but from my understanding you can not file a I-601 for a Fiancee?

601 waivers are available based upon the beneficiay's relationship to a US Citizen spouse OR fiancé under INA §212(d)(3), which authorizes waivers of the unlawful presence grounds of inadmissibility.

That said, some consulates apparently don't know the law and have, in the past, made mistakes on this. It may very well be the case that in Brazil you would have a much stronger case being a spouse. An immigration attorney very experienced in submitting 601 waivers through Brazil will be able to tell you the approval and denial rates there.

Allison, I strongly recommend you schedule a phone consultation with Laurel Scott (www.visacentral.net). While it may not be the most comfortable situation to have a lawyer in another state, you will be much better off with a lawyer who is knowledgable and experienced. There are way too many lawyers out there like the one you talked to who know nothing about the law and give bad advice. A consultation will clarify things for you and it doesn't mean you need to hire her.

[meauxna 15]

OK, I will schedule her. I guess I'm also worried that an attorney will tell me what they want in order to have me retain them.

Which means that you can't trust *anything* a lawyer tells you, including face to face. Clearly you'd be stuck forever then.

Laurel Scott has an impeccable reputation and specializes in this very particular type of issue--not all immigration attorneys know abouit every kind of immigration situation, but they will be happy to learn on your dime. If I were me, i'd stick with the highly recommended and get over my own want for a face to face. She is very familiar with working long distance, and many specialized immigration attorneys do the same.

Alternately, or in parallel, post your details at immigrate2us.net and see what the community thinks. They will tell you fairly if you need an attorney or if you can do the intial steps on your own.

Only a fool would wait in the US for a bill to pass, IMO, when they have a USC marriage-based relationship to draw on. The only people doing this should be the people with NO other options, which is not your fiance.

[bradyvicky 0]

Ditch your attorney, research this website, and do the paperwork/process yourself....

[meauxna 15]

Ditch your attorney, research this website, and do the paperwork/process yourself....

Have you read the OP's situation?