Epitomee2000

I have a friend who married a USC and he is trying to self-file his AOS. I have emphasized that he should seek an attorney, but he keeps stating he does not have the money. His tourist visa expired 2 mos ago. Is he subject to the I485-A with the penalty or is any advice I give him upl.

I don't agree with what these two did and how they did it, but I am trying to point him in the right direction. (immigration lawyer if my wishes would come true) I have emphasized that if the paperwork is messed up or wrong, or rejected, he is subject for immediate removal, but he is not getting it.

Can someone give me all of the ramifications of him self-filing so that the point can be driven home?

ian-mstm

More often than not, it is kinder to let people learn humility and responsibility on their own. You might want to consider getting a new set of friends!

Ian

Folinskyinla

Hi:

I have no problem in saying that I-485A and the penalty has nothing to do with his case.

Matthew Udall

And I have no problem in saying the answer to his second question (the "or" part of the questions appearing at the end of his first paragraph) is likely a "yes".... however not "every bit" of advice is UPL. Telling someone what forms to file, what evidence to submit and what benefits they may qualify for has (in the past where this issue was examined closely) been held to be UPL, but again, not every bit of advice will be UPL.

Rete

What point? I believe it would be safe to say that the majority of people self-file without consulting an attorney and have no problem. Then again never hurts for a consultation either. If they can't afford one, there are freebie clinics in just about every state and/or major city where they can get a consultation for free and in some cases an actual attorney to represent them for a very small fee if any, i.e. Catholic Charities.

AdobePinon

Sounds like there's an I-130 missing in there somewhere.

Noorah101

Why do you say that? The OP made no mention of the specific forms the friend was filing.

Rene

Trinity

In my opinion (which is only my opinion considering I dont know the facts of the case and even then it would still be just my opinion), he doesnt really need a lawyer. We didn't have one and successfully adjusted from marriage on visa waiver (but you stated tourist visa, which in my mind makes things more complicated).

Your friend definitely needs to start researching what needs to be filed and send the forms in ASAP. And if your friend has any odd circumstances that may make adjusting a problem, then he really should get the lawyer. Hopefully he has the money to send with the forms and such. To me, its not cheap!

And if your friend isnt willing to do the work, then its not your problem the trouble that comes along with it.

Rete

If your friend has a computer or his wife does, direct him to the USCIS website and let him have a go at finding a forum where he can ask questions about how others have conducted their filings. You don't have to do anything that you feel is illegal, amoral, or criminal in nature just because it is a friend.

Whether you agree or disagree with their method of marrying and attempting to adjust status has no bearing on their lives or future lives. What they are doing is not illegal and cannot be judged a 10 foot pole issue without knowing the facts.

AdobePinon

Just the way it was stated, but to be fair it wasn't first hand info.

But back to the OP: Nothing you have said would suggest to me that he shouldn't self-file. However, since he is coming from a B visa, he would probably benefit from paying for a one-time consultation with a good attorney (not usually expensive) to make sure that he knows how to answer the inevitable questions about his original intent in coming to the US.

Folinskyinla

Hi Rete:

As we have discussed elsewhere, there is lot of misunderstanding on the "10-foot pole." I often analogize it to the difference between tax "avoidance" and tax "evasion" -- and sometimes the dividing line may be a tad fuzzy, sometimes not. However, it is a crime to aid and abet tax evasion. In immigration, public advice on "avoidance" can be construed as aiding and abetting "evasion." That is the area I caution people from entering.

fatbrit

Somehow don't think there's quite enough room in Club Fed for all the CPAs in the US of A.

Folinskyinla

Hi:

I know you are trying to be funny -- but there IS a difference between "avoidance" and "evasion." A good CPA will advise "avoidance" to the max and try very hard to steer clear of "evasion." And if a CPA advises "evasion" in the quise of "avoidance", her customers might not go to jail [but still pay back taxes, interest and perhaps penalties], but the CPA very well might.

fatbrit

Not trying to be funny at all...rather trying to add perspective to the debate. To this date, we have no knowledge of any poster to an immigration newsgroup being successfully prosecuted (or even charged) for the barge pole issue or UPL. We do, however, have an example where a website shut down due to bullying from the professional immigration community. It's all ridiculous!

Do you (or rather your esteemed buddy) need to bring up this issue on a (very) few occassions?
Probably, yes. If used sparingly!

Does your esteemed buddy need to see UPL and the barge pole in every bloody post and bring it up?
No coz it gets on my freakin' nerves and -- I'd guess -- many other participants as well. It also endows the group with a collective sense of paranoia for no real reason. There's already enough "be afraid, be very afraid" here in the home of the free. We don't need any more, thank you.

fatbrit

Have you dressed up in a pinstripe suit and pretended to be an immigration attorney? Are you charging him for your advice? If not, I wouldn't worry about it.

However, since you don't believe in his chosen method, it might -- as a friend -- be wise not to offer your wisdom on the matter?