does it make a difference working with an attorney in your state?

[Daniel G 2]

Hey Guys

 

I wonder if my american spouse lives in Indiana for example does it matter if I hire a lawyer in that state or I can use a lawyer in Florida for instance?

 

also from your experience does it affect the chance of success? 

 

thanks a lot.

[geowrian 22,337]

Immigration law is federal. Only state specific items would be things like the validity of a marriage or divorce, but even a lawyer in another state may be able to answer any questions on that.

 

If you have a straightforward case, I don't think it helps. It helps when there are unusual circumstances, like a waiver being needed, the validity of a marriage or divorce being legal matters, etc.

They cannot do anything for the interview, or the merits of the case.

[Sparkle Sparkle 914]

In other words does not matter where your lawyer s based as far as he knows what he is doing and he makes things work for you...Goodluck

[Daniel G 2]

4 minutes ago, geowrian said:

Immigration law is federal. Only state specific items would be things like the validity of a marriage or divorce, but even a lawyer in another state may be able to answer any questions on that.

 

If you have a straightforward case, I don't think it helps. It helps when there are unusual circumstances, like a waiver being needed, the validity of a marriage or divorce being legal matters, etc.

They cannot do anything for the interview, or the merits of the case.

I do need a waiver. 

[geowrian 22,337]

4 minutes ago, Daniel G said:

I do need a waiver. 

An attorney experienced with the necessary waiver would generally be suggested. A well prepared waiver goes a long way IMO.

Where they are located doesn't matter...just so long as they practice US immigration law and you can reach them when needed.

Edited April 29, 2020 by geowrian

[Daniel G 2]

4 minutes ago, geowrian said:

An attorney experienced with the necessary waiver would generally be suggested. A well prepared waiver goes a long way IMO.

Where they are located doesn't matter...just so long as they practice US immigration law and you can reach them when needed.

thank you so much!

[onek 306]

7 hours ago, Daniel G said:

I do need a waiver. 

What kind of waiver do you need?

[Daniel G 2]

13 minutes ago, onek said:

What kind of waiver do you need?

I-212

[geowrian 22,337]

5 minutes ago, Daniel G said:

I-212

If you only need an I-212 (not I-601 as well), then this can be filed anytime.

[Daniel G 2]

12 minutes ago, geowrian said:

If you only need an I-212 (not I-601 as well), then this can be filed anytime.

what do you mean by anytime?

 

I have a 10 year bar, from my understanding I need only a I-212

[millefleur 5,047]

**Moved from NVC Discussion to Waivers and AP; topic is waivers**

[geowrian 22,337]

45 minutes ago, Daniel G said:

what do you mean by anytime?

 

I have a 10 year bar, from my understanding I need only a I-212

10 year bar due to overstay? That's an I-601. That can only be filed after the interview and once determine to be otherwise eligible for the visa.

I-212 is for something like a previous removal/deportation.

[Daniel G 2]

1 minute ago, geowrian said:

10 year bar due to overstay? That's an I-601. That can only be filed after the interview and once determine to be otherwise eligible for the visa.

I-212 is for something like a previous removal/deportation.

Im really confuse and a little frustrated after talking to a lawyer that explained it to me.

I entered the US October 11 2018. an immigration judge order my deportation October 30th 2019. now I wish to get marry with my american GF. do do I need both waivers now?

[geowrian 22,337]

2 minutes ago, Daniel G said:

Im really confuse and a little frustrated after talking to a lawyer that explained it to me.

I entered the US October 11 2018. an immigration judge order my deportation October 30th 2019. now I wish to get marry with my american GF. do do I need both waivers now?

Those circumstances imply you need at least an I-212 for the removal.

 

Depending on how long you overstayed, that would determine if there is no ban (<180 days overstay), 3 year ban (180 to 1 year overstay), or 10 year ban (1+ year overstay). This ban starts from the date of actually exiting the US. This is what an I-601 can cover.

Note that I mentioned days of overstay - I don't know how long you were legally admitted for, hence it theoretically could be any 1 of those 3 cases above.

 

If you need to file both, then they would be filed after the interview and being determined otherwise eligible for the visa.

[Daniel G 2]

6 minutes ago, geowrian said:

Those circumstances imply you need at least an I-212 for the removal.

 

Depending on how long you overstayed, that would determine if there is no ban (<180 days overstay), 3 year ban (180 to 1 year overstay), or 10 year ban (1+ year overstay). This ban starts from the date of actually exiting the US. This is what an I-601 can cover.

Note that I mentioned days of overstay - I don't know how long you were legally admitted for, hence it theoretically could be any 1 of those 3 cases above.

 

If you need to file both, then they would be filed after the interview and being determined otherwise eligible for the visa.

when you say interview do you mean the I-130 interview? . so first the US authorizes have to approve the marriage before moving forward with any waiver?