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Is an immigration lawyer necessary?

Is an immigration lawyer necessary?

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Old Jul 3rd 2015, 8:01 am
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Default Re: Is an immigration lawyer necessary?

Thanks.

I am, nor have ever been, married. Why would that be of interest given that this would be employment based?

Further after any paperwork has been approved is there an interview? I am electing to adjust status in the USA.
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Old Jul 3rd 2015, 8:10 am
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Default Re: Is an immigration lawyer necessary?

Originally Posted by bullettoothtony
I am, nor have ever been, married. Why would that be of interest given that this would be employment based?
It's not. But if you were immigrating based on marriage, I would probably be agreeing more vociferously with Pulaski. Personally, I wanted to do everything I could to make sure the I-485 went smoothly. As it turned out, maybe I could've gotten away without hiring a lawyer... but had anything gone sideways, I expect I would've been glad that I did. Your call, ultimately.

Further after any paperwork has been approved is there an interview? I am electing to adjust status in the USA.
There (usually?) isn't an interview. You'll need to get biometrics taken at some point.
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Old Jul 4th 2015, 7:30 am
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Default Re: Is an immigration lawyer necessary?

Originally Posted by zerlesen
There (usually?) isn't an interview. You'll need to get biometrics taken at some point.
This surprises me- I always assume an interview would be a requirement to adjust status from H1-b to green card holder.

I notice that there are different types of green card - EB 1 eb2 etc. I assume I would be an EB-3 base on my tenure track appointment. Do you know if theinterview requirement is dependent upon which type of sponsorship you have?
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Old Jul 4th 2015, 8:18 am
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Default Re: Is an immigration lawyer necessary?

Originally Posted by bullettoothtony
This surprises me- I always assume an interview would be a requirement to adjust status from H1-b to green card holder.

I notice that there are different types of green card - EB 1 eb2 etc. I assume I would be an EB-3 base on my tenure track appointment. Do you know if theinterview requirement is dependent upon which type of sponsorship you have?
They're not really different types of green card - they're different "preference categories". The preference category system controls how the limited supply of visa numbers is made available. If you're TT faculty you should be in EB2 or EB1 - EB2 is likely easier to substantiate, as your job requires an advanced degree; EB1 is supposed to require significant research accomplishments as well. If you were in EB3 you would have to expect to wait a little while for a visa number to become available. (Still assuming you're not chargeable to India or China, which would change the calculation significantly.) This is all part of the I-140, which you don't even file, so don't worry about it too much.

I think interviews are standard for adjustments based on marriage to a USC. On the EB side, not so much. If they do decide they want a chat, they'll let you know.
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Old Jul 4th 2015, 9:04 am
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Default Re: Is an immigration lawyer necessary?

Originally Posted by bullettoothtony
The university has an immigration specialist who is handling everything except the last stage, which she says is down to me to complete. It is this stage where she said you could consult an immigration attorney if I wanted.
I was in a similar position. The university's lawyers took care of PERM and I-140, then it was up to me if I wanted to keep them on (and pay!) for the I-485. I chose not to and experienced no difficulties at all.

Looking at the form the lawyers wanted me to complete side-by-side with the I-485 itself and discovering they were pretty much identical, I decided I might as well just fill in the forms myself. If you need help deciding, I'd look at the forms to get an idea of what's involved - it's neither lengthy nor difficult IMO.

Although I was going it alone, my university's faculty immigration person was happy to discuss any questions I had - after all, they wanted it to be successful!
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Old Jul 4th 2015, 9:33 am
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Default Re: Is an immigration lawyer necessary?

The Visa Bulletin under the Employment Based Visas (EB-1, EB-2, and EB-3) gives the priority dates (the date USCIS is currently processing applications for). EB-2 for all countries except China and India are "Current" which means that USCIS is processing applications immediately but EB-3 is 01April15 which means USCIS is processing applications that were submitted on April 1, 2015 for most countries. The priority date for EB-3 can vary immensely and over the years, there has up to a 5 year wait to start processing applications.

Visa Bulletin For July 2015
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Old Jul 7th 2015, 5:48 am
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Default Re: Is an immigration lawyer necessary?

Thank you for all your replies.

So I am in the process of looking at the I-485. I think I am going to file myself. Frankly I can't afford a few thousand dollars for an immigration attorney to file this for me.

In looking at the I-485 I was curious to see a section which asks you to list the names of all organisations, societies and clubs etc that you have been a member of. I'm pretty clear that professional organisations such as the American heart association should be listed here but would this include football (soccer) teams that I played for at the weekend?!
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Old Jul 7th 2015, 6:17 am
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Default Re: Is an immigration lawyer necessary?

Originally Posted by bullettoothtony
In looking at the I-485 I was curious to see a section which asks you to list the names of all organisations, societies and clubs etc that you have been a member of. I'm pretty clear that professional organisations such as the American heart association should be listed here but would this include football (soccer) teams that I played for at the weekend?!
The question is likely vague on purpose. I suspect USCIS is primarily interested in groups that are potentially a threat to the security of the US but don't want to clarify the question since some groups may appear to be non-political/non threating but may actually be a shell organization with ulterior motives.
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