Lawyer or no lawyer?

[Kendyc13 0]

Hello all,

 

just looking for some advice, I'm currently getting ready to file I-130 for my husband who is from Nicaragua. Here are some facts to make things clear:

He entered the US illegally 8 years ago

He has no criminal records or anything related, just 2 speeding tickets

We got married a month ago

I have already visited his country and family

 

However, I was wondering if using a lawyer is necessary or extremely recommended since we will have to file a waiver later on. Another important point is that I was married before with someone who lived abroad in my country and started a petition for him as well, but we divorced before he even got the interview & I withdrawed the case from NVC, so he never stepped foot in the US. I'm sure this will raise some sort of flag since this will be my second petition for spouse, 4th petition total (1 for my dad & 1 for my sister).

 

I did my other petitions on my own, have never used a lawyer, my dad's petition was approved with no issues, took one year and he's already in the US, my sister's is awaiting a visa number being that this is the last category for visas, and the previous CR1 visa that I filed was going fine until I got divorced of course.

 

Do you guys recommend me using a lawyer? can I start my case and then just get a lawyer when it's time for the waiver? Any input will be greatly appreciated.

 

thanks in advance guys !

[Crazy Cat 42,758]

So your husband was never inspected?  and he is still in the US now?

[Kendyc13 0]

Just now, missileman said:

So your husband was never inspected?  and he is still in the US now?

No, never inspected and yes he is currently in the US.

[payxibka 10,047]

20 minutes ago, Kendyc13 said:

Hello all,

 

just looking for some advice, I'm currently getting ready to file I-130 for my husband who is from Nicaragua. Here are some facts to make things clear:

He entered the US illegally 8 years ago

He has no criminal records or anything related, just 2 speeding tickets

We got married a month ago

I have already visited his country and family

 

However, I was wondering if using a lawyer is necessary or extremely recommended since we will have to file a waiver later on. Another important point is that I was married before with someone who lived abroad in my country and started a petition for him as well, but we divorced before he even got the interview & I withdrawed the case from NVC, so he never stepped foot in the US. I'm sure this will raise some sort of flag since this will be my second petition for spouse, 4th petition total (1 for my dad & 1 for my sister).

 

I did my other petitions on my own, have never used a lawyer, my dad's petition was approved with no issues, took one year and he's already in the US, my sister's is awaiting a visa number being that this is the last category for visas, and the previous CR1 visa that I filed was going fine until I got divorced of course.

 

Do you guys recommend me using a lawyer? can I start my case and then just get a lawyer when it's time for the waiver? Any input will be greatly appreciated.

 

thanks in advance guys !

Multiple petitions are not an issue.

 

I would DIY the petition and then when the waiver is needed reconsider the DIY and think about more experienced help

[Crazy Cat 42,758]

From what I have read, he has basis to adjust status.  He will have to leave the US for the consulate process..Then you can petition him with a wavier.

 

If I were you, I'd consult an attorney.....just my opinion.

Edited January 1, 2018 by missileman

[TNJ17 1,329]

Just because of the illegal status I’d consult with a lawyer. 

[Crazy Cat 42,758]

11 minutes ago, missileman said:

From what I have read, he has basis to adjust status.  He will have to leave the US for the consulate process..Then you can petition him with a wavier.

 

If I were you, I'd consult an attorney.....just my opinion.

I meant to say "NO basis to adjust status"

[Kendyc13 0]

thanks guys. I will do a consultation with a lawyer and see what they say. of course, they're going to tell me *NO, you need a lawyer the whole case* - but as I have seen before, at the beginning of the case it's just as basic as it gets, so maybe I will file on my own & then get a lawyer for the waiver.

 

Will keep looking at everyone's opinion, trying to find someone with a similar case.

 

[payxibka 10,047]

2 minutes ago, Kendyc13 said:

thanks guys. I will do a consultation with a lawyer and see what they say. of course, they're going to tell me *NO, you need a lawyer the whole case* - but as I have seen before, at the beginning of the case it's just as basic as it gets, so maybe I will file on my own & then get a lawyer for the waiver.

 

Will keep looking at everyone's opinion, trying to find someone with a similar case.

 

There is nothing horribly funky about the petition process particularly because you already know the outcome.  The complications come later

[Crazy Cat 42,758]

6 minutes ago, Kendyc13 said:

thanks guys. I will do a consultation with a lawyer and see what they say. of course, they're going to tell me *NO, you need a lawyer the whole case* - but as I have seen before, at the beginning of the case it's just as basic as it gets, so maybe I will file on my own & then get a lawyer for the waiver.

 

Will keep looking at everyone's opinion, trying to find someone with a similar case.

 

There have been similar cases here.  Just use the search function..

 

 

[pushbrk 13,268]

There are "legal issues" in your case, so a consultation with an attorney experienced with your exact issues is wise BEFORE filing ANYTHING.  Make sure ALL the facts are discussed and NOTHING is concealed.  A qualified legal professional knows the questions to ask.  You don't.

[Russ&Caro 1,549]

Based on your previous experience in filing for and receiving immigration benefits, I think after getting initial competent legal advice from an immigration attorney, you could begin the process yourself and bring in an attorney when needed - like filing the waiver. Good luck.

[CharlesAdams 0]

Its long time. Have you hired a lawyer? If not, I would also suggest you to hire one for the safe documentation and all the process because of the illegal remark. If any problem arises in the future the lawyer would be there to help you out with some advice. An immigration lawyer right here can help speed up the process and find yourself in the country you want to be in in no time.