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B1/B2 Out of Status married to US Citizen.Do i need a lawyer to file my greencard petition?

Los Angeles, CA |

B1/B2 Visa- Arrived in USA -2006
request for 6 months extention-aproved.
Paid tax for 2007 only
A company sponsors me for H3 Visa -went through RFE, then H3 was denied. applied for Appeal - took 1 year for result,which was Denied -nov 2008
while my appeal was on going, i went ahead and process my LaborCert & I-140.
LaborCert and 140 was approved before i got the Denial Result of my H3 visa.
I got married last year to my US citizen husband.been in a relationship for 4 years.bonafide marriage. do i need to get a lawyer to file my i-130 and i-485? Will it help my case that i have an approved LC & i-140?Will paying a tax for 1 year in my 5 years cause a problem in my petition? i want to file my petition on my own ,appreciate all the advice you can give.ty so much

Attorney Answers 4

  1. Best answer

    This should be a straight forward adjustment of status application/petition but there are some pitfalls you should be aware of. In this case, the primary reason to hire an attorney would be to make sure there are no unreasonable delays and really chart the course with time expectations. Often, unrepresented clients are taken for a ride due to their lack of experience of the process. For example, the interviewing officer can make a minor; resolvable with the right response; issue during the interview into a long delayed petition.

    Good Luck.


  2. No, you can do this yourself.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  3. I agree with Attorney Shusterman. It is not a requirement to have an attorney file the application but it is advisable that you consult with an experienced immigration attorney prior to submitting the package for any errors or omissions including the inclusion of sufficient supporting evidence. Good luck.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

  4. You do not have to hire a lawyer to process your I-130 petition and I-485 application. The required forms and corresponding instructions can be downloaded from USCIS website. Read and follow the instructions carefully. However, I have to warn you that the immigrant petition process is not simply filling out forms. Just to make sure that there are no issues that could affect the approvability of the petition or your eligibility to adjust status, I strongly recommend that you consult an immigration lawyer before you proceed with the filing.

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