Fragger

Zerlesen: Per my understanding, because my Mom is already in the US AND as me being her over 21 years of age USC, she can claim her residence through me, *I think a concurrent filing would be allowed, that is, the I-130 and the I-485 sent together and that I believe would count towards "legal presence" for my Mom, and her AOS.

Would you agree with that?

Here's a link to what I am referring to:

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Thanks for your help!

scrubbedexpat099

In this particular situation - use a Lawyer.

Fragger

Yes Boiler, despite my previously bad experience with lawyers, that is indeed the route I am leaning towards now.

But I am merely bouncing back their info to here, to double check the work, so to speak.

Also, shopping around a bit to get the best ratio of price and quality. Thanks for all your help folks, please do share any other advice you may have.

discoviking

Which in this case is probably not a very good idea. If you want a second opinion, consult with another immigration attorney. You have been given two more names.

As for the legal fees, you get what you pay for. Good legal representation is not free.

dreamercon

By the way, if your mother was not afforded due process and was not given an opportunity to respond when the divorce was issued, the divorce may well be invalid and null in the United States. You should consult with a family attorney if you want to check on the validity of the divorce decree.

Michael

I agree with everyone else, get a good lawyer. If you try to do it without a lawyer and she ends up in removal proceedings, it'll likely cost you 10x that amount whether you are successful or not.

A I

I am all for DIY, but the risks must be considered.

So, If you file concurrent I-130/I-485 on your own, you may save $5-7K (I'm guessing, )in fees, then withdraw her current i-130/i-485.

I have no idea what your chances of success are. in theory it should work, right?

BUT

If that is denied, are you willing to bear the consequences? perhaps 1 or 2 years more of your mother outside the US. Maybe worse?

Vs. perhaps you throw all the cash at it and you still fail. At least you know you threw everything you had at it. but if the case is suspect, It would be tough for me to not pay the $7K.

Having said that, it depends how hard also it would be for you to come up with the cash. I'm not saying don't do it. I'm saying be prepared to live with yourself if you do it and it does not work (Which is ALWAYS possible, even if you DO pay.)

If we had a time machine, we could go back 1 week and not file, then I'd tell you it's a no brainer, File Concurrently on your own. Father or MOther of US Citizen is a very easy case to file DIY as there are no nebulous criteria. Birth Certificate, Clean criminal record, US Citizen son over 21, and you are all set But I have no such time machine, so it's time to choose.


You make the call....

Fragger

Thanks again for all the great advice, guys.

Indeed I intend to hire a lawyer to get through this. Obviously, it's times liek these when money should become no object, if any ...

However, I was thinking about the probability of failure on this, and I don't really understand why the benefit of my Mom claiming residency through her USC Son would be denied for any reason...

Even if they fully know that she entered the US as the wife of my Father and that they are no longer together... so what? I bet this happens more often than we know and think?

Again, in any case, I will be hiring a good attorney before the end of this week, and will try to keep you guys posted.

P.S. I received a text and an email tonight about my Mom's AOS filed from my Father's behalf being received... So much for withdrawing the application before the NOA and saving some money, LOL :P!

A I

This might be true as you state it. and a Valid question for the lawyer BEFORE you pay the big fee. Not being a lawyer and not knowing about many cases I don't know. Ask the lawyer see what he/she says. I think you should be convinced and satisfied with your call on how to proceed.

Michael

I would say the issue is more of perception. I hear you say that you didn't know what was happening, we filed the wrong forms, your father divorced your mother and you just found out, and all of a sudden your father hasn't even lived with you for a while and is out of the country for some unknown reason. I doubt the the interviewing office will believe you that this was all an honest mistake by your mother, father, and you because I have doubts and suspect something shady must be going on. To me there appears to be some intent to deceive by someone. So if that is the impression that I get, I don't think you have a chance of convincing the interviewing officer without the assistance of an immigration lawyer on how to answer those questions.

Trying to talk around the problem will likely just make things worse. So you should decide whether you want to continue and possibly not be successful but still cost a lot of money or send you mother back home and do it the correct way. Now is the time to make that decision and not later when it may be too late where you may have a much more difficult time getting your mother back into the country.

scrubbedexpat099

Hopefully a Lawyer would stop your short cuts.

ian-mstm

It likely won't. What will stop it though, is the original application which may end up with her ineligible to enter the US.


Your naiveté is quaint and charming... but, respectfully - they aren't simply going to take your word or anyone's word on this. US immigration is not obligated to do anything based just on your say so!


Y'see - it's already too late for a DIY fix. Hire Susan... you won't regret the decision.

Ian

Noorah101

Being received is not the same as being approved. It can still be withdrawn. You won't get the money back, true.

Rene

zerlesen

Yes, absolutely - I wasn't thinking about concurrent filing. In your case, best to get the other application out of the picture ASAP. As a thought experiment, I wonder how it would be viewed if one used a pending-but-doomed I-485 to remain in the country while a separate and legit I-130 was processed. (The answer may well be "badly," but I'm not sure exactly which policy/law would be violated.)

On the lawyer point, I agree with everybody else: you do not want to DIY this. The stakes are too high. A professional can't magically expedite things or make USCIS do your bidding, but they can tread carefully on your behalf. One good piece of advice from the sticky thread (written, coincidentally enough, by SusanPai) is to get a flat rate quote at the outset, so at least you know more or less what you're dealing with.

Speaking of which, it's unfortunate that you have to eat the cost of the original I-485. But if that's the only blowback from the abortive father-related attempt, then it's cheap at the price. Best of luck.

Fragger

Hello again folks,

You know I love this forum, because it seems that there really are truly caring people on here trying to help. Some more crude than others, but, I know it comes from a good place.

Before discussing the updates on this matter, please let me make this clear. MY FATHER'S DIVORCE TO MY MOTHER WAS A SURPRISE TO US. This came AFTER the AOS packet was submitted. So please, I would like you all to respect this coincidence... a sad one, unfortunately ...

With that said, today I spoke to two lawyers:

1. Is a local lawyer, recommended via straight-shooting Immigration clients. This guy, without getting into the technicalities of things, wanted me to send the stuff to his office, and get the process rolled out ASAP! Furthermore, his quote was HIGHER than Susan's, with an option to pay in installments... I felt pushed and etc... However, the strategy (perhaps thanks to my big mouth) was the same as Susan's, which was, withdraw current AOS, and file my own I-130 and I-485. I told him, let me look some more...

2. I also spoke to the highly recommended J Craig Fong. First off, MAN, is this guy a PLEASURE to talk to or what !!! He gave me a very long, FREE consultation, no pressure of stopping due to time OR signing up with his firm. He was unbelievably good as a lawyer really working WITH you, as opposed to, dude, I am smarter than you, now listen to me :P!

Anyway, Mr. Fong, however, gave me some bad news. He feels that due to the fact that my Mom entered the US on a K3, she is in fact NOT eligible for filing an alternative AOS application, DESPITE cancelling her current app with her ex-husband, at this point. He cited:

8 CFR 245.1(c)(6)(ii)

Instead, his proposed strategy was to start a FRESH I-130 through me, and because I wanted to be with my Mom, letting the current AOS be pending, and even apply some delay on it, for as long as we can, until we can't, any longer, withdraw the application, at the latest, and go back to the home country to avail the I-130 filed through me.

He even said, that for this reason, I don't need an attorney per say, because he thought I was smart enough, BUT, when comes time for my Mom's interview in her home country, a GOOD attorney at that point can prep her for the right answers and situation. I even asked him if he could represent me, but the man's honesty was exemplary, and he said, you need someone local, at best, to do the prep with your Mom, filing the I-130 is easy and you can do that too...

So this is the latest and greatest folks, please advise what your thoughts are. I will be contacting Susan and the other gentleman from today to see what they think of the clause Mr. Fong quoted today, and if I have any other options...

Appreciate your inputs guys, thank you.