Help, lawyer rip off

[Dirty harry 25]

Hello,

I have been informed by a couple of members here that my wife's parents (she is usc) CANNOT Adjust status from a B/2 Visa. A lawyer said we would be able to because they didn't intend to immigrate. Can someone please provide me source information on this? I want to get my money back from the lawyer who said we could do this. I feel totally ripped off. Terrible day.

thank you in advance

harry

[NancyNguyen 1,658]

You can't aos when you have clear intention to adjust on a tourist visa (before you travel for example...) otherwise you are good to go. By the way, intention is always a gray area to prove.

[aleful 1,905]

hi

they can adjust status if they had no intent when they came here, overstay is forgiven if it happens

[Dirty harry 25]

You can't aos when you have clear intention to adjust on a tourist visa (before you travel for example...) otherwise you are good to go. By the way, intention is always a gray area to prove.

Mrs Nugyen,Aleful Than you so much for your lightning fast reply's. I just want to double check what you meant by saying " intention is always grey area to prove" do you mean that this would be the biggest obstacle we would face while Doing the aos? I am wondering do we have to some how prove they didn't intend to immigrate? or is this a fairly common procedure? Is it possible I can do this without a lawyer? I have filled out most of the forms using this amazing website as guidance. Its a ton of work but doable.

THANK YOU

Harry

[tomyka81 95]

Your Wife's Parents are trying to adjust from a B2.... Has your wife petitioned her parents? I think people are thinking a marriage is occurring. There is no marriage. Your parents in law came on a B2 and want to stay.

[aleful 1,905]

Hi

incorrect, immediate relatives are spouses of USC, minor children of USC and parents of USC

as long as they didn't have immigrant intent, they can file for adjustment of status and overstay is forgiven because they are considered immediate relatives of a USC

there have been many cases where this has happened

the tricky part and grey area is the immigrant intent

[Dirty harry 25]

Hi

incorrect, immediate relatives are spouses of USC, minor children of USC and parents of USC

as long as they didn't have immigrant intent, they can file for adjustment of status and overstay is forgiven because they are considered immediate relatives of a USC

there have been many cases where this has happened

the tricky part and grey area is the immigrant intent

aleful, Thank you again for the info.

How do I head of the immigrant intent potential issue?How will I know if it is an issue at all?

they have been here 2 other times, never overstayed, and are not currently overstaying. They decided last week they wanted to come live here. Their truthfully was never an intent to immigrate.

Harry

to clarify to the other person, My wife is a us citizen , her parents want to immigrate, she is petitioning them

Edited February 15, 2016 by Dirty harry

[aleful 1,905]

hi

there is nothing they can do, that is the decision of the officer at the interview

they can file and hope for the best

[Dohan 133]

I have worked on such cases. Apart from being a VJ member having done K1 and AOS for my hubby I am a law graduate and an immigration paralegal (lawyer's in basic terms haha). Here is the deal: Parent comes on visitor visa, prior to the visa expiring you file I-130 and AOS paperwork and you wait. I-130 approval usually comes in about 3-4 months, and then USCIS begins working on the AOS.

It helps to file the two together AND I have seen that affidavits are key. Literally you attach a letter to USCIS which will be notarized where you explain that parents and wife have a very close relationship, that they are elderly and their daughter needs their help here, ie someone here has a health condition or children have never met their grandparents, etc etc. THIS IS WHAT YOU ARE PAYING THE LAWYER FOR, it is their job to explain to you the requirements. You were not scammed by being told that they can adjust, it is correct but AOS has to be filed WITH and at the same time as I130 and affidavits need to be attached.

Think of USCIS like a whiny baby to whom you must spoon-feed and explain every detail, this is what the lawyer is for.

[Boiler 46,276]

Immigrant intent was decided when they were allowed to enter.

Non issue now.

Adjust away, Lawyer is right. You can get some weird comments on here that are misleading or plain wrong.

[TBoneTX 46,288]

OP has at least one other thread open on this topic, so this thread is closed to further comments. Please avoid starting multiple threads on the same or similar-themed topics.

VJ Moderation

[Chris and ZhiJia 146]

As Boiler said, they were approved entry into the country, if there was any time to prove intent to immigrate it would have been during the CBP entry.