Do I need to hire an Attorney?

[Xiaowen 0]

Hey friends, I'm new to here. I hope I can get some suggestion from you guys. Thanks! My situation is like this, I am currently a F-1 visa holder in my OPT period. I am going to get married at the end of August and start my green card application at the beginning of September. I guess my situation is very simple, I have every document I need except for joint accounts with my fiance. We don't have any joint account right now. So my questions are, is that okay if I don't have any joint account? Also, is it necessary to hire an attorney in my case? Thank you so much!

[Xiaowen 0]

Hey friends, I'm new to here. I hope I can get some suggestion from you guys. Thanks! My situation is like this, I am currently a F-1 visa holder in my OPT period. I am going to get married at the end of August and start my green card application at the beginning of September. I guess my situation is very simple, I have every document I need except for joint accounts with my fiance. We don't have any joint account right now. So my questions are, is that okay if I don't have any joint account? Also, is it necessary to hire an attorney in my case? Thank you so much!

[aayitrun 66]

if ur case is straightforward then u dont need an attorney.

it is very easy to get a joint account. u get married, u go to the bank and tell them u want to be joint. takes about 20 minutes. we did 3 banks in an hour.

i highly recommend getting joint accounts because co-mingling of finances is a very good evidence of bonafide marriage. much better than skype chat transcripts.

Edited July 18, 2012 by aayitrun

[sunshine_84 11]

Hey friends, I'm new to here. I hope I can get some suggestion from you guys. Thanks! My situation is like this, I am currently a F-1 visa holder in my OPT period. I am going to get married at the end of August and start my green card application at the beginning of September. I guess my situation is very simple, I have every document I need except for joint accounts with my fiance. We don't have any joint account right now. So my questions are, is that okay if I don't have any joint account? Also, is it necessary to hire an attorney in my case? Thank you so much!

Spare your attorney fees for your honeymoon

I don't see any red flags in your situation which requires attorney help on this.

[dwheels76 5,469]

Yes save your money. VJ is your attorney, nicer, FREE and we do respond to post and email in a timely fashion. I know it may seem daunting but you will do find. Really the hardest part is the waiting.

And you are more fortunate than most you are already here in the US so you can go straight away to back since I gather you have a SSN or when you get one you will be set.

[aayitrun 66]

Yes save your money. VJ is your attorney, nicer, FREE and we do respond to post and email in a timely fashion.

I am sure dwheels is trying to be helpful but VJ is not an attorney. nobody over here is qualified to give you legal advice and even if someone is, it is not legal advice without a contract. people at VJ are ordinary very helpful people who have had experience in the matter. please don't take anything posted here as legal advice.

[GDHB 3]

Hey friends, I'm new to here. I hope I can get some suggestion from you guys. Thanks! My situation is like this, I am currently a F-1 visa holder in my OPT period. I am going to get married at the end of August and start my green card application at the beginning of September. I guess my situation is very simple, I have every document I need except for joint accounts with my fiance. We don't have any joint account right now. So my questions are, is that okay if I don't have any joint account? Also, is it necessary to hire an attorney in my case? Thank you so much!

Whether you hire an attorney depends on your wish to pay for risk management.

When winter comes, you look at your car tires and decide "Should I buy new tires for the snow or are these OK?". Your decision depends on where you drive, how the tires look and how much money you have.

Our case was relatively simple, but we are busy professionals, not as young as many VJ members (fewer days left together), certainly able to afford the legal fees, so we chose to hire an attorney for peace of mind. We did much of the work ourselves but the application was submitted by our experienced attorney.

It's true that many VJ members are a great source of helpful advice. It appears that most VJers are successful on their own.

This great country is free and you are free to choose.

[Ban Hammer 13,567]

Yes save your money. VJ is your attorney, nicer, FREE and we do respond to post and email in a timely fashion. I know it may seem daunting but you will do find. Really the hardest part is the waiting.

three problems with this above.

1. stating that one should save their money is a blanket statement that is wrong. everyone's situation is different, and in some cases, an attorney may well be the best option for the member. only by knowing the background of the intended beneficiary (and in some cases, the petitioner) and by careful reading on this site for similar situations can one make the judgement call of if an attorney is needed or not.

2. vj is not an attorney, as stated by a previous poster. vj will not represent you in court. read the vj tos:

- No Endorsement. Visajourney.com does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications or Content Posted via the Service. These communications and Posts express the views of the author and not necessarily the views of VisaJourney.com. You acknowledge that any reliance on Content Posted via the Service (including but not limited to the discussion forums) will be at your own risk.

3. "respond to post and email" - what email? any advice offered by members should be via open forum and not by email or pm as it's not peer reviewed. anyone taking advice via pm or email is at risk for following that advice.

I am sure dwheels is trying to be helpful but VJ is not an attorney. nobody over here is qualified to give you legal advice and even if someone is, it is not legal advice without a contract. people at VJ are ordinary very helpful people who have had experience in the matter. please don't take anything posted here as legal advice.

Edited July 19, 2012 by charles!

[dwheels76 5,469]

Yes save your money. VJ is your attorney, nicer, FREE and we do respond to post and email in a timely fashion. I know it may seem daunting but you will do find. Really the hardest part is the waiting.

And you are more fortunate than most you are already here in the US so you can go straight away to back since I gather you have a SSN or when you get one you will be set.

Sorry i shouldn't have been so flip to say VJ is your attorney. Trying to be helpful and funny and realize everyone will not get what I was trying to say.

I sure do not want to lead you astray if you need legal counsel of course seek a good qualified lawyer. But you seem to have all you need to do what you need.

Again sorry to have misled you.

[dwheels76 5,469]

3. "respond to post and email" - what email? any advice offered by members should be via open forum and not by email or pm as it's not peer reviewed. anyone taking advice via pm or email is at risk for following that advice.

To clarify this I was stating to inbox anyone. Because of another thread I was commenting here also because they were complaining the lawyer never answered emails or replied. If ever I have email anyone its to say "hey can u come here to this thread and help this person". Sometimes a PM/Email is warranted. But I was in no way telling or asking anyone to solicit or get advice this way.

And I have to remember this is a global audience and some do take words literally so for that I am sorry OP. Of course VisaJourney is not and never has portrayed itself as anything but helpful tips and instructions. I am sorry to have be callous and said to save your money and just get it for free here.

Okay I have fell on my sword hard and long. Can I please get out of time out now.

[Kathryn41 3,205]

Topic has been moved from the AOS from a Family based visa entry forum to AOS from a Work, Student & Tourist Visa entry forum as the OP entered on an F-1 visa

[asdfg 18]

Hey friends, I'm new to here. I hope I can get some suggestion from you guys. Thanks! My situation is like this, I am currently a F-1 visa holder in my OPT period. I am going to get married at the end of August and start my green card application at the beginning of September. I guess my situation is very simple, I have every document I need except for joint accounts with my fiance. We don't have any joint account right now. So my questions are, is that okay if I don't have any joint account? Also, is it necessary to hire an attorney in my case? Thank you so much!

The answer to your question is YES and NO.

Yes, hire an attorney and No, do not hire an attorney.

Let me go over pros and cons.

On Pro side:

the real purpose of attorney is to protect your rights and make sure no error is made that leads to

denial of benefit you are statutorily eligible for.

I am currently on the last stage of my AOS and instead of approval I got RFE (after approval of I-130).

The main reason, as I see it, is that I didn't have an attorney during the interview.

And here is what happened:

I was NEVER in my life arrested or charged with any crime, anywhere. No DUI/DWI , nothing at all , nothing but very minor traffic tickets ( I didn't even get points on DL record for it!).

And I-485 unlike N-400 specifically says "excluding traffic violations".

Since I NEVER was arrested or charged of crime I NEVER admitted to the same and answered NO to relevant

application question.

However, during the interview I had an officer who specifically asked me "Not even a traffic ticket?" (after I answered NO to original question on i-485),to which I answered "I had traffic tickets".

He then went on to change my answer to YES , added in hand writing "traffic violation" and asked me to place initials

next to it.

A month later, instead of an approval I got the RFE saying "in your app and during the interview you admitted to have been arrested ... now submit an original letter of arrest disposition".

So, I had to hire an attorney (and I found a good one) to file a response who submitted the RFE reply.

Weeks later there is not even acknowledgment of RFE response receipt on USCIS.GOV page.

Had I had a competent attorney who went to interview with me he could have intervened and advised me not to place initials to YES and he would correct the newly hired USCIS officer that proper answer to this question should be NO since I have NEVER been arrested in my life or charged with any criminal violation.

So, this is just one example of when attorney can be helpful even if your case is million percent straightforward.

But here are the Cons to consider:

First, most attorneys charge obscenely huge amounts for nothing.

For example they will charge you some $2500 to $3500 and then make you

to do all the work (fill out all the forms) and after you fill everything out they will say

"now sign here and there" and then they will mail the package to USCIS.

If you paid a Kinkos employee to do all the copies of documents for you , you would end up with

$5-$10 bill. Since you yourself have to fill out forms, you could pay zero for it and, to be on safe side,

you could ask couple of your relatives or friends with good comprehension of English to go over and make sure

there are no typos or errors in your application.

Another $18 you would pay to send your package via USPS Express-next day delivery and , having spent $30 or so

you would have submitted exactly the same package as $3500 attorney would.

This ,of course, does not apply to good attorneys who may spend time with you , really analyzing your case and giving you advise, spending hours to fill out forms, but such attorneys are extreme rarity and most attorneys see their profession as a treadmill where fools are coming to pay them money in exchange for doing nothing.

Another big problem, again due to lack of ethical standards , is that in many cases attorneys will actually

damage your straightforward case.

Not only they don't do anything on your case while charging you for over 10 hrs of hourly rate to submit

your application, but on top of that they often hire poorly educated and low paid paralegals who , since they get paid little more than a cashier in Wallmart, populate your application with errors and some may turn to be very very costly to fix down the road.

So, hiring an attorney you risk to end up with insult and injury, not a best thing you can buy out there for 3 grands.

Now you have to consider all the pros and cons and make your own decision.

If I were you I would fill out all forms and submit by myself (just pay great deal of attention

to all and every single line and avoid by all means any typos and errors, even keep your application for days

before mailing, read and review it over and over during various times of the day as you get a chance and correct any and all typos/errors you may find. Ask someone to review and make sure all your answers are correct, have then read all questions to you and answer them and make sure all your answers are correct).

Make 2 copies of all forms submitted and put in a safe place your copies.

Once done with paperwork mail it to USCIS via FedEx or USPS Express, save the receipt.

Next you will be fingerprinted , issued EAD/TD and appointment letter for interview (assuming you fill out your paperwork with no errors and submit all the initial evidence to establish your eligibility).

When your interview nears then make a decision if you need an attorney.

If you decide to hire one make a very thorough research, make sure you are hiring a competent one. Do as much googling on a firm/attorney as you can. Get a list of few selected attorneys who have: good record, lots of presence on net, published , written books,attended seminars, praised by peers (check Martindale-Hubbel rating. The highest is AV) and etc.

Then pick up the phone and call to see attorney in person or talk over the phone.

If they say "Pay $XXX or WE WON'T TALK" then hang up immediately. May be it's a great attorney but you don't want to spend $200-$400 to just find out if he or she is.

Interview them as you would a plumber or a building contractor - you will be paying , they will be working for you and you should make sure they are truly competent , not just in paper but in real life too.

Ask pointed questions (not necessarily related to your case but find something relatively obscure to test how current the attorney is on current laws/rulings/case precedents).

This will help you to make a better judgment instead of blindly assuming that they are proficient.

If all checks and they agree to charge reasonable fee (interview lasts only 30-45 mins and you wait another hour or so to be called in) then you may pay relatively small fee in exchange for professional representation and to avoid situation like one I got myself into.

Tell your attorney NOT TO INTERFERE unless USCIS officer makes an obvious error or asks totally irrelevant to AOS forms questions.

If your attorney interferes , interrupts the officer and keeps telling you what to answer then the officer may grow suspicious that there is something wrong and this will cause major hurdles in processing of your case.

If you are lucky and the USCIS officer is experienced and knows his job well then you may not need any attorney at all. Google and find out if the local office had recently hired a lot of new officers. Older and more experienced the officers - higher chances you will pass the interview and be approved on the spot (assuming your case is straightforward and you submit all evidence needed with your application).

Good luck to you and all the best.

Edited July 22, 2012 by asdfg

[Mike Z 8]

The answer to your question is YES and NO.

this is pretty damn good advice regarding hiring attorney for the interview only.

we were not approved on the spot (day later) and had no RFEs but i would have felt better during the interview as the officer was not as nice as i had read in other threads

[asdfg 18]

this is pretty damn good advice regarding hiring attorney for the interview only.

we were not approved on the spot (day later) and had no RFEs but i would have felt better during the interview as the officer was not as nice as i had read in other threads

If your case is really straightforward then the only time you really need attorney is an interview.

The common stereotype is that some immigrants are deceitful and have ill intentions while USCIS officers are all angels who fell off the skies.

This is simply skewed and unsupported by reality picture.

The fact is both immigrants/applicants and USCIS officers are , above all, human beings.

As such, both are fallible and prone to make mistakes or do wrong things.

You never know who is going to interview you.

They Justice Department has arrested and jailed quite a few USCIS officers recently if you follow the news.

One among others was charged with felony because, get this, he asked the wife of US Citizen for oral s.ex

to approve of an immigrant petition. She met him, recorded his conversation onto hand held cell-phone/device

and took it to newspaper which, upon publishing it, caused the arrest and felony charges against USCIS officer.

So, you just never know who will be there interviewing you, that's my view.

In my case officer wasn't really bad, he was actually neutral and just asked relevant questions but due to his lack of

experience he changed the question to make it inclusive of traffic tickets and now I got stuck in RFE stage, whereas I would have been approved by now if I had competent attorney next to me who could interfere and make sure that minor traffic violation is not being included in the answer.

But again, if you decide to hire a lawyer you should be very careful and inquisitive when selecting one.

Most of them are extremely unethical and just charge thousands of dollars for doing nothing.

Not hiring one to fill out application and instead bringing one to an interview may prove to be the most optimal solution in some cases, if you can afford to spend $400-$600 for couple of hours of his or her presence there.

[Hypnos 6,578]

I was somewhat on the fence when it came to hiring an attorney in my case.

I found her on a legal services site and she informed me of the relevant law and how I should proceed on my case. Additionally, she said that I could have her check all my paperwork for errors but she would not be listed as my attorney of record or sign a G-28. I believe she offered this service for approximately $500. She also offered me the choice of full representation in my case for $2,000 which is what I eventually went for. I know that not everyone has $2,000 lying around though.

I figured that this was something I needed this to be done completely correct the first time with no mistakes, that representation for the entire process was advisable in my situation. She is very responsive to my emails (I always get a reply the same day and often within the hour) and is generally a source of support during this process.

This additional crapstorm I have entered following the issue that cropped up during my interview (USCIS' fault, not mine or my lawyer's) is also something that I feel much more confident about handling with an attorney on my side. When it all happened I was glad that I had stumped for this option, because I would not be sure of exactly how to proceed. Knowing that she is handling the situation gives me confidence.

So the advice from asdfg above is spot-on. It's both a good and bad thing, and you have to decide for yourself what the best course of action is. All I can say in my case is that I do not regret the decision one iota, especially now.

Edited July 22, 2012 by Hypnos