Steffi

This is a bit OT, but I was just wondering...how do you guys pick a lawyer? I'm not really referring to immigration now, but a lawyer that would help one with the last will and testament (that's what it's called, right?) and other things that a newly wed couple may need to worry about.

Kae

An odd little note to add for our experiences...my fiance filled out all the regular forms. Sent in DS-230 part 1 as with packet 3 forms. But at the interview, they never even wanted his DS-230 part 2. I was rather surprised by that as I thought it was one of the main forms needed. It's your sworn statement stating everything else is true no?

Steffi

he wasn't asked to sign it or anything? I can't quite remember what I signed, but I think it was those forms that you were told not to sign until then.

Karen D

I've got a feeling that Part 2 is used when filing for the immigrant visa and therefore is not needed for the fiancé(e) visa. I also filled out DS-230 Part 2, but the original is still in my K1 file - they didn't take it, only Part 1.

Noorah101

That's correct. DS-230 Part II is not used for the K visas. I imagine it will be part of the AOS paperwork, will it not?

On how to choose a lawyer, this is only my second experience. My first was for a divorce, and it was such a simple procedure that it only took one office visit to someone I found in the phone book. This immigration one was by word-of-mouth. I personally knew the people she had worked for to help bring here from Iran. The last will and testament, power of attorney, etc. are pretty easy, though...you might check out on line for some do-it-yourself kits for that, also. My sister and I did our own power of attorney for my parents, and it was very easy.

Noorah101

Steffi....she wouldn't be able to afford me.....LOL

sibsie

Karen it's two planes flying silly.

I picked my lawyer to deal with my financial matters in the US on the recommendation of someone else. My benchmark test for me is if they actually return phone calls and emails in a timely matter. I also don't deal with people who want over $100 for a phone consultation.

Matthew Udall

My guess is that the attorney just does not know any better. Not all Consulates use exactly the same forms (most do, but some don't... and I believe I've run across a Consulate that did not seem to want the DS-230's... but I'd really have to dig around in my Consular binder where I keep courtesy copies of packets 3's and 4's from the varous posts to confirm that).

Since the Consulates mail their materials directly to the beneficiary and not me (here in the U.S.), I tell my beneficiaries to simply follow the instructions in packet 3 and 4, and if they have any questions as to how to answer a form or anything else about the Consular part of the process, to write to me (or call... or have the petitioner call) and I'm happy to answer their questions.

Usually, there are only 2 or 3 questions that I typically get asked over and over again by the beneficiary. Usually its questions about how long do you intend to stay in the U.S., do you intend on going to school in the U.S., what they mean by marks of identification.... that sort of thing.

Again, each consulate can have its own unique quirks, so the best approach is to wait for their instructions (which will contain the beneficiary's unique Consular Case Number) and to follow the instructions when received.

Matthew Udall

Sounds to me (from the attorney stories where the attorney made mistakes as to what forms are required and whether or not police clearances are required) like some of you might not have asked if your attorney had experience with K-1 cases.

Again, most immigration attorneys I've met focus on the employment side as that is the more lucrative side, and from my associations with AILA members at conferences, most tell me that they have "never" been involved with a K-1 case before.

Sure, they "should" do their homework when doing their first K-1 case, but I can tell you that in my practice, I did my last fiancée submission a hell of a lot differently than my "first" fiancée submission way back in 97 (or so).

It’s OK to ask an attorney (before hiring him or her) if he or she has any experience, and to please give some details about those experiences. Any attorney worth hiring won't have any problem with that.

Karen, did your attorney say he or she was going to be filing out the Consular forms for you? With my clients, I have printed right on my site what services I provide and what I don’t provide (plus it is mentioned again in my correspondence with the client), and I clearly state that when it comes to the Consular forms I’m there to answer the beneficiary’s questions as to what to do and how to fill out the forms (since they get sent directly to the beneficiary, not to me… and remember, when replying to packets 3 & 4, one should list the unique Consular Case Number that one gets with packet 3), plus go to bat for the beneficiary to try to fix any Consular made screw up.

So what sort of arrangement did you have with your attorney?

Matthew Udall

Did he also help with the affidavit pack/submission?

“Obtain the K-1� is somewhat vague as far as delineating what activities are and are not covered in obtaining the K-1 (does that mean he’s supposed to purchase the train ticket for the beneficiary to travel to the Consulate for her interview where she will obtain her K-1 visa?).

I would tend to think (and I’m certainly no expert on this) that a vague agreement like this should be interpreted in the client’s favor.

Maybe this attorney will learn for his next K-1 case to be a little more precise in spelling out what is and what is not covered!

Matthew Udall

My old wills and trusts professor, Jack Bennano (sp? Ba-Na-No) is excellent. He's in the bay area, and probably in the book. If you can't find him in the book, call San Francisco Law School and I'm sure they can give you his contact information.

Matthew Udall

I would not recommend a do-it-yourself kit for a will or trust. There are many subtle issues, many options, and many unique facts of the do-it-yourselfer that might be overlooked in such an important situation.

Note that I don't do that type of work, so I have nothing to gain by sharing my opinion (although I must admit that wills & trusts was a fascinating [and sometimes a very difficult and complicated] area of the law to study while in law school).

Katie

Matt,

The perspective from the person sitting on the other side of the desk is very interesting. Thanks for your contributions to this thread.

I agree that its important to retain an attorney who has experience in the sub-niche of immigration law pertinent to your case. I was surprised at how few immigration attorneys in my area do family-based immigration work. As you said, most specialize in employment-based immigration.

Asking the prospective attorney questions is important, too, provided that you know what questions to ask. When I was retaining an attorney, I knew a little about immigration and visas, but certainly not as much as I know now. The questions that I would ask today would be a lot different from the ones I asked back then.

I retained an attorney because my husband's case has some "complications" that I knew that I was not equipped to handle. When consulting with some attorneys, I tended to focus on the complications because they seemed more important than the process leading up to them. Funny thing is, my attorney's handling of the "uncomplicated" paperwork process drove me absolutely nuts!

By the way, do you ever survey your clients to find out what aspects of your service they are satisfied with and where you might be able to improve?

Katie

Matthew Udall

Thanks for your kind words Katie.

I don’t usually “survey� them about this, however I often get unsolicited feedback and I’ve collected quite a few thank you letters. I’ve actually saved them to put up on my site as testimonials, however I’ve not actually put them up as I think testimonials on websites is a little on the sleazy side.

I think most of the time (judging by how many come back to me for the AOS, the I-751 and finally the Naturalization aspects of their immigration process) the clients are pretty happy and satisfied. I rarely make a bone-head mistake with a submission, but if I do (and one time comes to mind when I was doing my first fiancée submission way back when) I immediately fess up to it with the client and fix the problem to avoid time lost.

I have had a “client from hell� or two that end up bugging the hell out of me (calling over and over again and I have to give them the same answer over and over again), and when that happens I have to do my best to be patient and not engage in rude behavior (talking over them) although I confess that sometimes I exhibit more patience than at other times. Hey, I’m human too.

I’ve had plenty of clients cancel their engagement during the course of a case, but that does not have anything to do with me. I’ve also had to withdraw once when I found out the young man (US Petitioner) had lied to me about his single status (he was actually married to the K-1 beneficiary).

But most of the time I deliver exactly what I say I’m going to deliver. I also don’t have an assistant or secretary, so I do every bit of work on every single case. I write every letter and pick up the phone every time it rings (and usually return calls promptly). I’m usually here in the office until pretty late in the evening, and my clients seem to like the fact that they can come home from work, have dinner, give me a call, and find me there picking up the phone to answer their questions or to discuss their case.

jeffreyhy

Rene,

No, I don't think the DS-230-II will be part of the AOS paperwork. It wasn't for my ex-wife.

Remember also, the DS-230 is a Department of State form, a visa application form. AOS is by the Department of Homeland Security and the need for a visa is past.

Regards, JEff