toastytoast33

Was told today on the phone by immigration that the petition is still valid. Apparently because I got an RFE for my medical, the I-130 got processed seperately from the I-485.

I also spoke to a couple of lawyers too and they confirmed that the I-130 should still be valid.

Noorah101

So when your wife previously filed the I-130, you're saying you also filed an I-485 at that same time too? And the I-485 got denied, but the I-130 is still valid?

If this is the case, don't forget to send a copy of the approved I-130 along with the I-485 package.

Rene

toastytoast33

Yes.

Noorah101

I always thought that if one's AOS was denied, and one wanted to re-file, one had to re-file everything. I'm not saying that's right, I'm just saying that's what I thought.

Please keep us posted on your progress.

Rene

toastytoast33

I tried looking for a attorney who would handle my case pro bono and couldn't find anyone. I tried web searches and contacted over 50 lawyers in Ohio.

I also tried some charity organizations but I don't seem to fit the criteria (they seem to mostly cater to asylum seekers).

Do you have any suggestions what to try next?

ian-mstm

Since you seem to have exhausted the "free" alternatives, I suggest you pony up no matter how much it hurts. I'm a proponent of the "you get what you pay for" school of thought.

Ian

toastytoast33

It's not a case of it hurting, I just don't have it. I have already begged and borrowed from family for my medical and I-485.

My plan was to get everything submitted including my work authorization and then get a job to pay for a lawyer. But I really need legal advice now rather than later.

I know you get what you pay for and if I can find a way to pay for a lawyer I will.

Noorah101

So your wife has no means of getting a loan either, I take it? No credit cards? That would be my next suggestion.

Did you call Catholic Charities? They are the one organization I know of that helps anyone, not just asylum seekers. So you called the charity organizations and they flat out said they can't help you, once you described your scenario? That leads me to believe even more that you need a good lawyer, it seems your case has some twists to it that a layman (or charity worker) might not know about.

You can still continue on w/o an attorney, and still hire one later....but, you run the risk of somehow doing something to prevent you from getting your EAD and working (since that's tied to a correctly filed I-485), which would not be good.

Best Wishes,
Rene

toastytoast33

Can I file the I-485 and bring a lawyer in at a later stage? What is form G-28 (Notice of Entry of Appearance as Attorney or Representative) used for and when can it be filed?

I am thinking you (or your lawyer) have to file a G-28 when you submit your I-485???

janadeen

I urge you:

* try getting a part time job: bookstore, Blockbuster
* have your wife get a cash advance from her credit card(s)
* if she has no credit card, have her apply for one
* ask for a cash advance from your paycheck at work; you wife too
* have you wife get a part time job
* how long has your wife been with her bank - have her get a loan
* pawn your jewely
* sell your laptop and use the computer at the library

WhatEVER it is that you have to do, do it, get some money and get a lawyer who'll wk out a payment plan with you. You CAN find one.

You should NOT be handling this yourself. This isn't meant to be harsh or sarcastic but from your posts - it's just a fact. Believe me, you'll be regretting it later and be right back here on this board asking questions again that an atty could probably have navigated for you.

Get a lawyer.

Noorah101

Of course you can file anything you want on your own. You can bring in a lawer at any stage you want. As I said, you just run the risk of doing it wrong yourself in the beginning, not getting your EAD because of that, and paying even more for a lawyer to clean up your mistakes.

G-28 is NOT a form that gets filed by a do-it-yourselfer when filing AOS. That's all I know. Otherwise, I don't know what that form is, I've never filed one, and I've done the AOS process without an attorney.

Rene

toastytoast33

How can I get a part time job without work authorisation or a social security number?

scrubbedexpat099

You can not, legally. Your wife however can.

There were other options mentioned

It would help if you ran just one thread but to remind others he entered on the VWP, filed to adjust, left, re-entered on the VWP and is now continuing.

Which might cause a few red flags to be raised.

janadeen

Do not concern yourself with this form because it's not for you. It's for an attorney who's representing you to use - but you don't have an atty so don't worry about it. Even when you GET an atty, don't worry about it - it's for your atty to complete.

See links below. I'm a layperson, but, it seems quite clear to me what this form is and what it's used for. What part of the explanations aren't clear to you?


http://www.uscis.gov/graphics/formsfee/forms/g-28.htm

http://www.insexperts.com/g-28form.htm

toastytoast33

I thought that I read somewhere that the G-28 was supposed to be filed with the I-485 application. I was just wondering if it could be submitted at a later stage.