Do we need an immigration lawyer?

Asked almost 2 years ago - Flushing, NY

I have been married to my husband for 15 years. I hold US citizenship. My husband never completed his immigration status process. The latest was that he filed change of status when I became a citizen, 10 years ago. Do we have to start the process all over at this point or is our "case" still in the system? Is this something we can do on our own or should we have a lawyer? How long will it take until he will receive his green card? When we get the process started again can he go and get his social security, or do we have to wait until he actually has the card?
How can we file taxes? Can he is some sort of "in progress" number from INS?

Attorney answers (5)

  1. Jeffrey Bruce Gold


    Contributor Level 19


    Lawyers agree

    Answered . I think the simple answer to all your questions is YES you need a lawyer. There are a lot of issues at work and you have quite a number of questions. The fact that your husband failed to follow through on his own once, is more than enough reason to invest in a lawyer at this time.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Stewart & Benes, LLP 1854 Bellmore Ave... more
  2. Daniel E. Green

    Contributor Level 13


    Lawyers agree

    Answered . You have posed a host of questions. If their is an approved visa petition on your husband's behalf and his priority date is current (or is not applicable if the I-130 was changed from a family preference to immediate relative category), he can refile his I-485 to adjust.

    You should consult with a competent attorney or BIA accredited representative before taking any further action with USCIS/DHS to make sure your husband doesn't encounter any unexpected or insurmountable problems.

    Daniel Green, Esq.
    Serving the Northeast U.S. and the World
    Location: 684 Aaron Court, Kingston, NY
    Mailing Address: PO Box 3238, Kingston, NY 12402
    Tel: 347-245-7078/845-853-7302

  3. Nicklaus James Misiti

    Contributor Level 19


    Lawyer agrees

    Answered . What happened with the first application? You need an attorney to figure this out and it will definitely be in your interest to have them continue and file the marriage application. The problem in your case is if your husband filed the paperwork previously and than did not go to the interview. His case may have been denied and he may have been referred to a judge. He may have a in absentia deportation order or there may be some other issue. I don't want to worry you but if you proceed on your own or just go to a notario who throw together the application for a few hundred dollars, without ascertaining what happened your taking a huge risk, which will cost you more time and money in the long run. My firm handles these types of cases in New York.
    Nick Misiti
    Misiti Global
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  4. Neil Ian Fleischer

    Contributor Level 20


    Lawyers agree

    Answered . Sounds like you need an attorney. The process doesn ot take 10 years... most of the time

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State... more
  5. Dhenu Mitesh Savla


    Contributor Level 17


    Lawyers agree

    Answered . I agree. It seems like something is wrong.

    Dhenu Savla
    SwagatUSA, LLC

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