overstay tourist visa and apply for GR

[jajaundjaja 0]

I agree with you. They charge high fees and its non-refundable. I know of someone who has paid $7500 for her entire family only to wait while the lawyer says chi-ching. They can do nothing. They only collect and wait for the law. What is that all about!

Recheck your response

exactly, just collect and wait...lawyer cost us so far $2000...so if there will be any changes to law...they will earn more..if not,they have something in their pockets,right :-/

[asdfg 18]

I agree with you. They charge high fees and its non-refundable. I know of someone who has paid $7500 for her entire family only to wait while the lawyer says chi-ching. They can do nothing. They only collect and wait for the law. What is that all about!

This is a criminal, not a lawyer.

I know many lawyers do this, but only because most immigrants don't know the US laws, are too intimidated and afraid (because of status issues and fear of drawing attention of USCIS or God forbid ICE and etc.). In the end it works against immigrants and more crooked lawyers abuse and victimize other immigrants.

Remember, all lawyers must pass vigorous bar exams and must pledge to abide by code of ethics before they are allowed to practice a law. Breach of the code of ethics can lead to loss of license to practice.

A few things you can do to remedy your situation of you have been victimized by criminal lawyer:

1. Send polite emails/letters to a lawyer asking for amicable solution. make sure to keep all copies for your record. Wait for lawyers response.

2. When it is clear that lawyer has charged you while knowing you were not eligible for benefit sought send a polite letter/email requesting a refund. Again, document and copy it all.

3. If steps #1 and #2 fail contact the bar association where one is admitted to practice the law.

Read their respective code of ethics for lawyers and specifically search for "attorney client dispute resolution" under the jurisdiction where your lawyer has been admitted to practice the law.

4. Make final warning to your lawyer, once again ask them to come to reasonable, agreeable solution. Make a reasonable compromise if necessary.

5. If step 4 fails it's time to file a formal complaint with the bar.

At the same time see if there is also another venue for arbitration of fee dispute (this is separate from code of ethics dispute).

6. Do not forget to also go to EOIR page and print out the lawyer complaint form and submit to EOIR the copy of complaint you filed with the bar (once bar makes a ruling, such as reprimand and so on) you can send the copies to EOIR as well, as an additional evidence of wrongdoing on part of a lawyer.

If you do everything right chances are the lawyer will be disciplined, your fees may be fully refunded to you (particularly if more than $5000 was paid, as this is considered a relatively large sum) and EOIR will have a record of ineffective assistance of counsel.

At the very least lawyer will feel a burden and think twice before victimizing another unsuspecting immigrant. Also, it will stay as a permanent record of ineffective assistance of counsel which, in some cases, may prevent the worst possible outcome for you.

Do not expect any lawyer help you with any of these steps. Almost all lawyers will refuse to side with a client against another lawyer , because lawyers think of it as a bad karma to gang against another lawyer.

But regardless of difficulties, you must do what you must do or else live with the fact that you paid someone thousands of dollars to screw you for the rest of your life. I would find it very difficult to just go along with it without putting up some serious and fierce legal battle.

Good luck.

[lorphelpme 9]

Hi everybody, I came to US in March 2002 with tourist visa and overstay my visa...in October 2008 my boss apply in DOL I got approved in May 2011..In September 2011 we apply for I-140 which was approved recently..I'M under category EB3 ROW...I ask my lawyer what is the next step and he said long wait, because of my out of status..is there anythnig we could do? or is he really right that I have to wait for "law change"

I have ITIN and pay taxes every year...first when this lawyer took my case I thought it will end with GC.

Hi sorry to be the bearer of bad news but your lawyer knew from the get go you are not eligible. the i130 are if not mostly approved its when it comes to the i485 that's where the problem lies. So unless the law doesn't pass you will never be able to adjust that way. It's just like my friends situation she is over 21 and lives her illegally her mother Just became a USC the lawyer they went to told them exactly wat it is the i130 will be approved but the i485 will not be because she will have to return to her country but she will have an automatic ban for 10 yrs. good luck unless the law doesn't pass there's no luck unless you have a boyfriend and you guys are planning to be together as a family then he can sponsor you.

[Asia 2,499]

what he said in last email: because I'm out of status and not eligible for 245i, I have to wait for some changes in law,which they do not seem inclined to do :-(

IMHO the law won't change the way you want it to be.

Cause that would make tons of people coming to the US as toursists, start working, overstaying and be happy knowing that all the illegal things they've done are nothing and they will get GC. It won't happen, I suppose.

The only way that working on a tourist visa and/or overstaying might be forgiven is by marriage with the USC.

[hmh33 117]

Ok. This confirms what the current law says. The best you can do is sit tight, keep your job. Keep paying your taxes because that may be needed at some point in the future to prove your ties with the US if and when a possibility to apply for a GC should arise. Despite your overstay, you're now legally in the US, make sure you're 100% within the law in everything you do.

No, the OP is not legally in the US and is deportable at any time. Tread carefully.

[jajaundjaja 0]

Hi sorry to be the bearer of bad news but your lawyer knew from the get go you are not eligible. the i130 are if not mostly approved its when it comes to the i485 that's where the problem lies. So unless the law doesn't pass you will never be able to adjust that way. It's just like my friends situation she is over 21 and lives her illegally her mother Just became a USC the lawyer they went to told them exactly wat it is the i130 will be approved but the i485 will not be because she will have to return to her country but she will have an automatic ban for 10 yrs. good luck unless the law doesn't pass there's no luck unless you have a boyfriend and you guys are planning to be together as a family then he can sponsor you.

I'm mairred to no USC so there is no way,but thanks..this is actully only way for people like us.

I know right now,that my lawyer knew, he even said there is no way for GC this time,but this was 2007 and I beleive he took my case because of time to time the law change..but nobody can predicted when....I have many friends who was eligible for the opening in 2001,this is exactly what many lawyers are hoping and waiting for.

we have 5 year old child so we can wait for her 21 or pack and go back...which I try to convince my husband to do.