Unlawful status. Can I adjust through marriage?

[MiaTher 73]

Hey everyone, it's me again. Now with a huge question.

My husband and I went to see an attorney, to ask how to go about adjusting my status. He literally told us there is nothing he or we can do to help my case because I have overstayed my tourist visa since 2007 (8 years) and have gained unlawful status. He said he wouldn't risk filing paperwork for us because USCIS would then know of my illegal presence here and they would deport me. Or that if we do file ourselves, we could get as far as going to the interview and they could arrest me then and there and then I would get a court date to then be deported. He said our only options are to do nothing and wait until the law changes (he went on about Obama's attempt to fix immigration law and about Hillary and the other candidates and what they might do about it) or get a waiver, which would be impossible because I would need to prove my husband needs me here for health or other reasons, or prove that if I got deported I would be persecuted or my life would be at risk in some way.

We've talked to a few other lawyers and none of them ever mentioned this, so we don't know who or what to believe. We don't think he's a scammer or anything; when making the appointment on the phone he said he would charge us $1,000, and two days later when my husband called to confirm the appointment, he said he'd even do it for $500.

We're beyond confused and don't know what to do now. We're willing to file for AOS by ourselves, but we just wanted to see some lawyers and ask some questions to make sure we're doing things right.

Sorry if this is too long or confusing (or in the wrong forum). You all are so helpful on this website and your input would be greatly appreciated.

My case:

- entered legally on tourist visa from Mexico in 2007. I have I-94 and stamp on passport.

- married last August 2015 after 4 years of dating. Husband is born US citizen.

Thank you.

Edited February 27, 2016 by MiaTher

[amberammo9915 19]

From what I know, overstaying is forgiven when married to a USC since you entered legally. Just make sure that you meet all the necessary requirements for AOS and can justify bona fide marriage.

[Cheezees 1,514]

Overstaying is forgiven if you marry and file the AOS. You don't even need a lawyer to file.

"He said he wouldn't risk filing paperwork for us because USCIS would then know of my illegal presence here and they would deport me. Or that if we do file ourselves, we could get as far as going to the interview and they could arrest me then and there and then I would get a court date to then be deported." Lies, pure lies meant to frighten you into employing his "savior" services. Run form this attorney!

[MiaTher 73]

Overstaying is forgiven if you marry and file the AOS. You don't even need a lawyer to file.

"He said he wouldn't risk filing paperwork for us because USCIS would then know of my illegal presence here and they would deport me. Or that if we do file ourselves, we could get as far as going to the interview and they could arrest me then and there and then I would get a court date to then be deported." Lies, pure lies meant to frighten you into employing his "savior" services. Run form this attorney!

Thank you. So far we know overstay is forgiven when married to a USC, which is why we are so confused by what he told us. Also confusing is why he would lie just so we can get his services, since he literally told us "there's nothing I can do for you right now."

[aleful 1,905]

HI

if you just overstayed your tourist visa, then you have no problem,

as others have said overstay is forgiven and many have gotten their GCs, no need for an attorney, you can file for yourselves, you are better off using that money towards adjusting status

[NancyNguyen 1,658]

Wrong help can hurt!

[Shauneg 762]

Don't talk to that lawyer anymore. File for your adjustment.

[Boiler 46,247]

`Report the Lawyer to the local bar.

[NancyNguyen 1,658]

Sometime there are misunderstandings between paralegal vs attorney vs paper filler...

[MiaTher 73]

Thank you so much everyone. I really hope we have no problem with our case. This guy sure scared us.

[Hypnos 6,578]

There are a lot of bad attorneys out there; if that's what he told you then he is one of them.

Edited February 27, 2016 by Hypnos

[EM_Vandaveer 2,417]

Simply follow this guide:

http://www.visajourney.com/content/i130guide2

Please don't listen to the incompetent lawyer. As a spouse of a USC your overstay is forgiven. You have to prove legal entry, (and bona fide marriage), that's all. (You said you have a stamp in your passport from when you entered on your tourist visa.) Bona fide marriage would be easy to prove, given that you guys dated for 4 years.

And NO, you will NOT be arrested at the interview. That does not happen in your situation. (I'm assuming you stayed under the radar and no deportation proceedings have been initiated, of course.)

Edited February 27, 2016 by EM_Vandaveer

[EM_Vandaveer 2,417]

Send the lawyer a strongly worded letter after you get your Green Card. He actually charged you $500 for the WRONG advice? That's preposterous.

[Bzegurl 41]

Wrong advice proceed.

[MiaTher 73]

Simply follow this guide:

http://www.visajourney.com/content/i130guide2

Please don't listen to the incompetent lawyer. As a spouse of a USC your overstay is forgiven. You have to prove legal entry, (and bona fide marriage), that's all. (You said you have a stamp in your passport from when you entered on your tourist visa.) Bona fide marriage would be easy to prove, given that you guys dated for 4 years.

And NO, you will NOT be arrested at the interview. That does not happen in your situation. (I'm assuming you stayed under the radar and no deportation proceedings have been initiated, of course.)

Thank you! Yes I have the entry stamp on my passport. And no there have never been deportation proceedings or anything else of the sort. This guy said he has seen arrests happen at interviews many times with people with cases like mine, (overstayers who then adjust through marriage) so of course it got us worried. But no thankfully we didn't give him any money, he just said those were his quotes if he were to take the case. Which is weird that he went from quoting us $1000+ to $500.