hiring a lawyer?

[j03ys848y 0]

Basically my husband sent in are I-130 back in JULY! Well we never heard anything back from them so in October my husband sent off an email asking about the status of are application, he got a reply back stating that they never received it. He checked the status of the money order & it was never cashed. So he went & sent off the application AGAIN & this time they cashed the money order & yet....NO REPLY! He's sent them multiple emails asking about the status & they never send anything back! We've followed every step according to this website but yet are getting nowhere! It's been 6 months since we originally started filing, we have yet to receive either an approval OR a denial.

My husband & I were just wondering if it might be just easier to hire a lawyer to help us, we are just tired of the BS we keep running into. Does anyone on here know of a good lawyer we might be able to use?

Edited January 23, 2011 by j03ys848y

[Inky 1,111]

All a lawyer does is fill out your forms and mail your papers for you. They really do nothing else. They just wait for USCIS to mail them.

[Penguin_ie 5,995]

When did you send the second petition, and when was the money order cashed?

A lawyer can be useful if you are not good at filling in detailed forms, or have a complicated case. However, many lawyers are just taking your money, giving wrong info, and having a lawyer can delay your case as you give them info, then they fill in the forms, you need to go sign them etc etc.l..

[cristina.c 2]

My opinion is that if you have a lawyer,USCIS is kind of respecting you're rights,at least it helps with that,otherwise you risked to be tramp in this process forever,and i speak from experience .

[j03ys848y 0]

When did you send the second petition, and when was the money order cashed?

A lawyer can be useful if you are not good at filling in detailed forms, or have a complicated case. However, many lawyers are just taking your money, giving wrong info, and having a lawyer can delay your case as you give them info, then they fill in the forms, you need to go sign them etc etc.l..

He sent the second petition in October, right after they notified him that they never received the first one, he went & cancelled the first money order then resent all the paperwork. The money order was cashed about a week or 2 after the second paperwork was sent.

Our case is a little complicated, I don't know if it has anything to do with it but my passport has been red flagged by border customs. I tried to go see my husband a few years ago (well we were dating) but they refused me entry since I was dating an American, saying that they didn't think I would come back to Canada. They said with the right paperwork they would let me cross, so I got all the paperwork together that they asked for & a few months later tried to go visit again & they refused me entry AGAIN. But if that's the case wouldn't they at least say we were denied or something?

[misterbigtoe 45]

He sent the second petition in October, right after they notified him that they never received the first one, he went & cancelled the first money order then resent all the paperwork. The money order was cashed about a week or 2 after the second paperwork was sent.

Our case is a little complicated, I don't know if it has anything to do with it but my passport has been red flagged by border customs. I tried to go see my husband a few years ago (well we were dating) but they refused me entry since I was dating an American, saying that they didn't think I would come back to Canada. They said with the right paperwork they would let me cross, so I got all the paperwork together that they asked for & a few months later tried to go visit again & they refused me entry AGAIN. But if that's the case wouldn't they at least say we were denied or something?

Just being denied refused entry because of the legal assumption that you are an intended immigrant should not be a problem as long as you have been consistent and truthful in what you told immigration officers. They were expecting you to prove compelling ties to Canada as condition of granting you entry to the US. The burden is on the applicant for admission to prove that you will return to Canada and the fact that you were coming to the states to visit your boyfriend/fiancée/husband indicated a high likelihood of overstay. It sounds like a straight forward case unless it is complicated by any falsehoods having been told to immigration authorities. I am not implying that, but I obviously do not know the details of your case.

Cashing your payment for I-130 processing is the first step and occurs prior to any adjudication of your package. the fact that the money order was not cashed would seem to indicate that they just never received the package. Was it sent by express or with any kind of tracking requested? I never send anything to USCIS/NVC without some form of tracking.

I in one way concur with cristina.c that having a petition prepared by a lawyer may help a bit with the attention that it receives once in the system. However, if a lawyer is used, make sure that you personally review your petition and educate yourself as to the general guidelines and procedures. Review everything as you are the expert on your relationship and the one suffering the separation. Many of us, myself included, have had attorney's make mistakes, sometimes simple and sometimes rather serious ones. An oversight or an incorrect assumption on the part of an attorney can cost you months and months. Be personally diligent throughout the process.

[Done--Really 331]

There is a virus in this thread--my anti virus software is blocking it, but it may get thru depending on what anti virus software you are using. I use Kaspersky.

[cristina.c 2]

Just being denied refused entry because of the legal assumption that you are an intended immigrant should not be a problem as long as you have been consistent and truthful in what you told immigration officers. They were expecting you to prove compelling ties to Canada as condition of granting you entry to the US. The burden is on the applicant for admission to prove that you will return to Canada and the fact that you were coming to the states to visit your boyfriend/fiancée/husband indicated a high likelihood of overstay. It sounds like a straight forward case unless it is complicated by any falsehoods having been told to immigration authorities. I am not implying that, but I obviously do not know the details of your case.

Cashing your payment for I-130 processing is the first step and occurs prior to any adjudication of your package. the fact that the money order was not cashed would seem to indicate that they just never received the package. Was it sent by express or with any kind of tracking requested? I never send anything to USCIS/NVC without some form of tracking.

I in one way concur with cristina.c that having a petition prepared by a lawyer may help a bit with the attention that it receives once in the system. However, if a lawyer is used, make sure that you personally review your petition and educate yourself as to the general guidelines and procedures. Review everything as you are the expert on your relationship and the one suffering the separation. Many of us, myself included, have had attorney's make mistakes, sometimes simple and sometimes rather serious ones. An oversight or an incorrect assumption on the part of an attorney can cost you months and months. Be personally diligent throughout the process.

You're right when you say we still have to keep an eye on every single paper they the lawyer is sending to USCIS or NVC.We personally had to correct the form when she send it to my husband to sign it,the names were all messed up and my address also.