immigration question for a friend

[Hilarious Clinton 452]

Here's the deal... Not really friends but more like acquaintances.

He (he's Scottish) came on a visitor visa years ago (not sure how long ago) got married to a USC and never did a thing immigration wise. He divorced the first wife and recently married another USC.

How do they file?

[Hilarious Clinton 452]

bump. hmmmm anyone?

[almaty 19]

wow, no clue

[Hilarious Clinton 452]

I wrote down the VJ site for them but I think they may need a lawyer.

[almaty 19]

I wrote down the VJ site for them but I think they may need a lawyer.

i agree brother rich....i hope someone like Yodrah, the mermaid..meaux, jumps in and least gives some direction

[William33 110]

This person definitely needs to consult with an immigration attorney.

[aussiewench 9]

Rich

Your friend should seek the advice of a competent immigration attorney.

He can apply to adjust status if he entered the US legally. Much is forgiven on marriage to a USC provided he entered on a valid visa, granted entry, and is otherwise eligible.

Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

* worked without permission,

* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

* failed otherwise to maintain lawful status and with the proper immigration documentation, or

* have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

Source and further info

[Hilarious Clinton 452]

Thanks Wench

He did enter legally at least.

Edited November 16, 2006 by LuckyStrike

[Irisheyes 0]

It's just an AOS case. Same paperwork.....I-485, I-130, I-864 and EAD/AP paperwork as needed, and whatever he does, he needs to stay put in the US. I don't see what a lawyer can do in this case that they can't do themselves. I'm not saying they shouldn't hire one, of course that's their decision, but personally I would hold off until any complications arise. Consultation is not a bad idea, but there's not a thing a lawyer can do only file paperwork at this point, nothing you can't learn here, waste of money if you ask me.

Is there anything I'm missing, outside of advice, that a lawyer can do in a case that's not run of the mill, but doesn't involve illegal entries or waivers or such? Any comments would be welcome. It's just that whenever somebody posts a situation that's not usual k-1, AOS, k-3 stuff, people immediately advise 'oh you'll need a lawyer for that' when I don't think it's always the case and it instills fear and panic in the OP who is usually new to this process.

[Hilarious Clinton 452]

thanks Irish,

Yeah, I get a little unsure when the case isn't your standard vanilla case.

[Irisheyes 0]

thanks Irish,

Yeah, I get a little unsure when the case isn't your standard vanilla case.

That's understandable Lucky, and you have been involved in this for quite a while now, so you know it's not actally as daunting a task as one might think....tedious, yes, but not always complicated. Imagine how daunting it is for a new user who doesn't know anything about the system. I think the standard lawyer answer may scare newbies off into a longer period of inaction on their cases thinking "OMG, what have we done, can't do it without a lawyer," or wasting 6 months saving up a $2000 retainer, because let's face it, no lawyer is gonna say "you don't need me!"

All I'm trying to say, is that maybe if the only 'help' someone can offer is 'get a lawyer', maybe they could hold off for a while to see if there is actually somebody who has had the experience before them. Or like Wench did, find something in writing that provides info applicable to them. No matter what the situation is, someone out there has been through it already!

Sometimes not 'helping' is 'help' enough!

[Kez/JWolf 6]

I did it from a VWP without a lawyer.... granted I did only get married once here in the US.... but it is no more difficult than for anyone doing AOS from a K1/K3...

Follow the guide and ask questions if you are unsure and you should not have any major problems....

Kez

[Yodrak 7]

Kez,

How can you be sure that there should not be any major problems in this case? LuckyStrike provided very little information about the person's situation, there very well may be a major problem as a result of a bit of information that has not been presented.

A consultation with an immigration attorney is the prudent thing to do. An appropriate attorney will know what to ask to determine what problems may exist and how to avoid or mitigate them.

Yodrak

I did it from a VWP without a lawyer.... granted I did only get married once here in the US.... but it is no more difficult than for anyone doing AOS from a K1/K3...

Follow the guide and ask questions if you are unsure and you should not have any major problems....

Kez

[Kez/JWolf 6]

Kez,

How can you be sure that there should not be any major problems in this case? LuckyStrike provided very little information about the person's situation, there very well may be a major problem as a result of a bit of information that has not been presented.

A consultation with an immigration attorney is the prudent thing to do. An appropriate attorney will know what to ask to determine what problems may exist and how to avoid or mitigate them.

Yodrak

I did it from a VWP without a lawyer.... granted I did only get married once here in the US.... but it is no more difficult than for anyone doing AOS from a K1/K3...

Follow the guide and ask questions if you are unsure and you should not have any major problems....

Kez

I was just pointing out that you dont need a lawyer to do the AOS forms.... other had already advised that a initial consult with a immigration lawyer was a good Idea... I therefore did not wish to simply post what other had already said.... But maybe I should just not post... maybe I should just ###### off..

To the OP please ignore my post it is all #######... sorry to have messed up your post..

[Hilarious Clinton 452]

Kez,

How can you be sure that there should not be any major problems in this case? LuckyStrike provided very little information about the person's situation, there very well may be a major problem as a result of a bit of information that has not been presented.

A consultation with an immigration attorney is the prudent thing to do. An appropriate attorney will know what to ask to determine what problems may exist and how to avoid or mitigate them.

Yodrak

I did it from a VWP without a lawyer.... granted I did only get married once here in the US.... but it is no more difficult than for anyone doing AOS from a K1/K3...

Follow the guide and ask questions if you are unsure and you should not have any major problems....

Kez

Yodrak,

Do you have any actual input based on the information provided?