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Difficult adjustment of status

Bellingham, WA |

I need to find a lawyer that has a very good approval rate of AOS. They need to be able to offer a free initial consultation over the phone and be able to give me a quote at that time.

Here is my situation:

- Overstayed B2 visa 7 years ago
- Have been going back and forth to the US since then with no issues
- We are in the US right now - we were on vacation and decided we didn't want to leave
- Married to a USC
- Valid I-94 that will expire at the end of the year

The main problem is that she overstayed 7 years ago but have been able to go back hundreds of times to the US in the last 5 years -- hence the I-601 problem of wether it is needed or not.

If you have a good understanding of AOS and know exactly what to do so my spouse can get her green card, please leave a message.

Thank you

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Attorney answers 4


Very few attorneys give indepth-consultations for free. You can call around and 'chat' with many of us for a few minutes ... but that probably won't be as indepth as you were hoping for.

It is interesting that CBP didn't 'catch' her when she tried to return to the US ... you will need to talk in private with an attorney to explore this in more depth.

Make a list of every entry/exit she has ever made during her entire life.

Contact a couple of attorneys of your choosing and chat with them. You can find us on AVVO or www.ailalawyer, com

By the way, I have substantial AOS experience in Seattle .... they are a VERY TOUGH office.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Many attorneys give free consultations and are willing to do it over the phone or skype. Attorneys do not give referrals on AVVO. You can use AVVO's find a lawyer search function or use AILA's search tool.
Also, many immigration attorneys have a lot of experience with AOS cases. It is a large part of our business...


Goodness, have you had a bad experience in the past? Your tone sounds a little upset. Getting a proper legal analysis of your case is incredibly important, and so I'd suggest to be careful of "free consultations." They are often about 15 minutes. I imagine you wouldn't expect to have earned a doctorate degree (juris doctor in this case) and have years of experience, and expect to work for free. Attorneys who give free consultations are more likely to be in an area such as personal injury in which case they get paid from the award they win in the case, whereas immigration lawyers earn you the right to stay here, so they need to be paid for their knowledge and time. Attorneys, in my opinion, should have an amazing success rate on adjustments, because it is a type of case in which it should be known ahead of time whether the person is qualified or not. Of course, that assumes a thorough review during the initial meeting and obtaining any missing information to the extent possible.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

F. J. Capriotti III

F. J. Capriotti III


Barbara, you are such a great diplomat. Why don't you run for the AILA BOG?


I just wanted to say good on you for advocating for your family to get great legal services. I agree with the other responders that you're unlikely to get a detailed free consultation that will address all your concerns. Certainly you've identified at least one major issue (unlawful presence bar requiring the I-601), but this is not a novel issue for an attorney who regularly handles AOS.

Talk to some attorneys whose profiles and background you like. Remember also that attorneys get to pick their clients just like you get to pick your attorney; if it seems like you care only about the lowest price point (I'm not saying this is the case), this isn't usual a good starting point for a productive professional relationship.

Good luck!

Please do not rely on this general information without consulting an attorney. There may be facts about your situation that would be very important to how an attorney would advise you to proceed. An attorney would need to talk with you in detail before giving you specific advice.