solo vs lawyer

[weedebz 0]

Flying solo or getting a lawyer. Is it really worth getting a lawyer or is it possible to do it ourselves? I'd like peoples opinion, especially those who did it solo.

[john_and_marlene 162]

http://www.visajourney.com/forums/index.ph...mp;#entry976448

[Yodrak 7]

weedebz,

I like this quote from John_and_Marlene, so I'm going to repeat it one more time:

"I didn't use a lawyer and you shouldn't either = I'm willing to risk your future with my advice. "

My own thoughts are these:

- There are 2 ways to use an attorney, consult with them or hire them to work with you. A consultation or 2 to review the facts of your particular case can help you decide whether or not you want to hire.

- The visa journey is a maze that a blindfolded person can usually work their way through, perhaps bouncing off an occassional wall. But there are some dead-ends that can trap a person. Just because someone else didn't run into one, and doesn't even know that it may be there, doesn't mean that you will also miss it.

- Selecting an attorney is no different from selecting any other service provider - there are good ones and there are not-so-good ones, due dilligence is required in making a selection.

Yodrak

Flying solo or getting a lawyer. Is it really worth getting a lawyer or is it possible to do it ourselves? I'd like peoples opinion, especially those who did it solo.

[TimsDaisy 0]

Yodrak gives good advice.

I'd just like to add that if you do want to chat with a lawyer, take the time to find a qualified immigration attorney with experience in FAMILY-BASED processes. There are many who know plenty about the work-related visas. But there are few who really know much about K1/K3s primarily because most people don't use an attorney since the process is relatively simple (if long and frustrating) and most people have non-complicated cases.

Call the state bar in the home state of the USC (usually found by googling "State Bar of _____". They should be able to tell you who is a certified immigration specialist. Then do more homework. And interview one or several to find someone you feel comfortable with. (I can PM you the name of someone in London, if you'd like).

But be advised - I see a lot of people here say they go with lawyers or are thinking about using a lawyer because they don't have the time or don't feel like being bothered with learning the finer points.

Paying an attorney is NEVER a substitute for knowing enough about your own case and its process to be helpful to yourself and your lawyer. Before you even go talk to an attorney, you should read the guides and FAQ here, go to www.uscis.gov and read everything you can there. Download the I-129F and G-325A and read the instructions twice. Then read the forms. Then read the instructions again. Do. Your. Homework.

Use the information you learn to test the lawyers you meet. Ask them where they would mail the paperwork. Ask them what forms are necessary.

A good lawyer should meet with you for little to no money to determine if any actual services can be provided to you before entering into any sort of fee agreement. The lawyer should ask for the basic facts of your case. Any past troubles with US immigration laws? Are there kids? Past visas applied for? Deportations? Past marriages that having been correctly legally terminated? A good lawyer should also be comfortable saying "I don't think you need my services, here's some advice, best of luck."

We did talk to an attorney far before our K1 process for some other immigration troubles. When we got engaged, my fiance went to talk with her again to see if our other troubles would make our K1 process more difficult. Her opinion was that they would not and that we didn't need to hire her further, but to come back if things went wrong or to feel free to call for small questions along the way.

What you need to watch out for are lawyers who take a K1 case because hey, how hard could it be, and are used to doing things for employment visas. Lawyers can send off packages to the wrong place and fail to follow up, causing couples heartbreaking wait times. Lawyers can also sit on materials for extra time for no particular reason other than they have a lot of clients to attend to. And at the end of the day, YOU will still have to gather evidence and provide information to the attorney to prepare the materials, so you won't be saving yourself too much time or trouble.

No matter how much you pay a lawyer, you will always be your best advocate so it's best that you are educated about the process. If your situation is complicated enough to warrant an attorney, you'll have a much better working relationship and probably better success if you know what's going on.

Lastly, the most important thing to remember is that lawyers aren't magic. For K1s, they don't have a special lawyer hotline to call to speed things along. They don't have special sway with USCIS or the State Department. They don't know everything and they can't speed up time or change federal law and regulation.

So do your homework on both the process and on lawyers.

[Udella&Wiz 325]

Honestly it is your call as to whether you use a lawyer or not. We did not but we also have dedicated an immense amount of time to it and have had two RFE's at various points. VJ has been a life saver though for the whole process. (Thanks everyone )My advice would be, if you decide to get a lawyer, ask for references and check them out. Most will have an initial consultation with you at no or a nominal charge. Good Luck.

Edited June 18, 2007 by Udella&Wiz

[lucyrich 20]

If someone asks "should I take my car to a mechanic or try and fix it myself", the answer depends not only on the car and its problem, but very much on the abilities of the person asking the question.

We collectively may know quite a bit about immigration in general, and how we collectively got through the maze of paperwork. But we know absolutely nothing about you -- neither the details of your case and any complicating factors, nor about your ability to handle legal, bureaucratic, and paperwork matters. Are you the kind of person who is willing to research the procedures and legal requirements? Can you carefully read, understand, and follow instructions? Do you get satisfaction out of handling this sort of thing yourself, or do you prefer reassurance of having some experienced eyes guide you through the process?

There are people with very straightforward cases who nevertheless should hire a lawyer, because they'll manage to screw up the case if they try it themselves. There are others who have rather complex issues, but can handle their own cases better than a typical attorney will, because they'll devote more time and diligence to the effort than a typical attorney will.

Finally, just like there are mechanics with varying degrees of competence, attorneys vary quite a bit. If you let an attorney handle your case, you've still got the job of finding a good one.

[john_and_marlene 162]

If someone asks "should I take my car to a mechanic or try and fix it myself", the answer depends not only on the car and its problem, but very much on the abilities of the person asking the question.

We collectively may know quite a bit about immigration in general, and how we collectively got through the maze of paperwork. But we know absolutely nothing about you -- neither the details of your case and any complicating factors, nor about your ability to handle legal, bureaucratic, and paperwork matters. Are you the kind of person who is willing to research the procedures and legal requirements? Can you carefully read, understand, and follow instructions? Do you get satisfaction out of handling this sort of thing yourself, or do you prefer reassurance of having some experienced eyes guide you through the process?

There are people with very straightforward cases who nevertheless should hire a lawyer, because they'll manage to screw up the case if they try it themselves. There are others who have rather complex issues, but can handle their own cases better than a typical attorney will, because they'll devote more time and diligence to the effort than a typical attorney will.

Finally, just like there are mechanics with varying degrees of competence, attorneys vary quite a bit. If you let an attorney handle your case, you've still got the job of finding a good one.

I think this is one of the best posts I've seen regarding this topic.

I have to say, that this is turning out to be the best thread on the topic I've ever seen.

[Jasman0717 9]

We followed the guide here on VJ and used the example forms as a guide to fill out the required documents and breezed right through the K-1 and AOS and will definitely be using the guide for removing conditions. Good luck

[weedebz 0]

Thank you to everyone who has replied so far. Been reading the guides and think we gonna try flying solo. I actually work for a law firm here in Scotland but they don't touch UK immigration let alone US. However it does mean an ample supply of notaries and I suppose I could be able to talk a partner or two into calling up a few small favours should I need advice.

Our main difficulties is the fact my Nebraskan Lad is here in the scottish hills and glens with me so we gonna need to file things via his parents house in order to pick up birth certificate. Also his parents gonna write the check as well...due to currency. Of course there will be issues at interview time due to sponsorship (he's here so no job/income) but I have 2 offers for co-sponsors lined up.

Here it goes!!!....my printer gonna be working overtime and we on target for bedtime reading amassing to war and peace standards

[TimsDaisy 0]

Thank you to everyone who has replied so far. Been reading the guides and think we gonna try flying solo. I actually work for a law firm here in Scotland but they don't touch UK immigration let alone US. However it does mean an ample supply of notaries and I suppose I could be able to talk a partner or two into calling up a few small favours should I need advice.

Our main difficulties is the fact my Nebraskan Lad is here in the scottish hills and glens with me so we gonna need to file things via his parents house in order to pick up birth certificate. Also his parents gonna write the check as well...due to currency. Of course there will be issues at interview time due to sponsorship (he's here so no job/income) but I have 2 offers for co-sponsors lined up.

Here it goes!!!....my printer gonna be working overtime and we on target for bedtime reading amassing to war and peace standards

At the first stage, copies of everything are fine. So if the parents can scan and email copies of things like the birth certificate, etc, you can mail everything from the UK to the correct address in the U.S.

[Dakine 26]

"I didn't use a lawyer and you shouldn't either = I'm willing to risk your future with my advice. "

Excellent advice for people relying solely on forums to do their petitions. LOTS of good info but at the same time no one is correct ALL the time in the advice they give as things change to fast with USCIS..

Lawyers and the government sites also aren't always up to date also or confusing to interrupted.

You have to "weed thru" everything and make final decisions on how to attack for yourself!

Peoples own experiences do mean a lot but at the same time things can be different on a case by case basis.

Just my 2 cents and probably wrong!!

[Ladylethal 12]

Thank you to everyone who has replied so far. Been reading the guides and think we gonna try flying solo. I actually work for a law firm here in Scotland but they don't touch UK immigration let alone US. However it does mean an ample supply of notaries and I suppose I could be able to talk a partner or two into calling up a few small favours should I need advice.

Our main difficulties is the fact my Nebraskan Lad is here in the scottish hills and glens with me so we gonna need to file things via his parents house in order to pick up birth certificate. Also his parents gonna write the check as well...due to currency. Of course there will be issues at interview time due to sponsorship (he's here so no job/income) but I have 2 offers for co-sponsors lined up.

Here it goes!!!....my printer gonna be working overtime and we on target for bedtime reading amassing to war and peace standards

Just remember the co-sponsor has to be a US citizen.

[LaL 418]

Our main difficulties is the fact my Nebraskan Lad is here in the scottish hills and glens with me so we gonna need to file things via his parents house in order to pick up birth certificate. Also his parents gonna write the check as well...due to currency. Of course there will be issues at interview time due to sponsorship (he's here so no job/income) but I have 2 offers for co-sponsors lined up.

Just remember the co-sponsor has to be a US citizen.

I don't know about the I-134, but the I-864 states:

A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old

,

but I believe this is getting off topic of whether to use a lawyer or not.

Edited June 19, 2007 by lal_brandow

[Yodrak 7]

Luis&Laura,

No, they don't.

Yodrak

Just remember the co-sponsor has to be a US citizen.

Edited June 19, 2007 by Yodrak

[Fandango 1,439]

Here's my fave quote concerning advising someone to not use a lawyer:

I have to say folks, I think we're getting into dangerous territory when people are advising others to not get lawyers. Sure, VJ is a GREAT reference....but as I always say, we're not a paid help desk. None of us are immi lawyers, and I'm sure there are some very good ones despite the bad stories we hear. There are right answers here as well as wrong ones. The petitioner is responsible for the verification of information should the petitioner decide to do this his/herself.

Caveat emptor...let the buyer beware!

I said it, lol