Questions about lawyer, forms, etc.

[345etinarg]

Hi immihelp! I'm trying to help my mother-in-law obtain her green card via adjustment of status.

I have many questions, but my first question is the most important:
1 - I see people on here recommending "consult a lawyer", and I have now tried that with three different lawyers. They all tell me they will not help me submit myself, only do it for me (for a very large fee obviously). Where do I find a lawyer who I can just sit and ask questions with for an hour or two?

And if you're feeling generous, here are some other questions:
2 - My MiL is here on a B-2 Visit Visa, but since my wife (who is a U.S. citizen for some time now) and I are deciding to adopt, we want to get her a green card so she can stay and help with the child. Her visa expires the end of august. Do I have to urgently submit her paperwork before it expires? I read on this site that so long as it has not been expired for 180 days, she can still apply. Can someone confirm that?
3 - On form I-485, what box should I check in "Part 2 - Application Type"? I think it's "a." since she is an immediate relative. Also, how do I justify immediate relative? Is my wife's birth certificate with her mother's name on it sufficient?
4 - Upon reading the instructions, the forms I need include I-130, I-485, I-864 (for me and my wife), and G-325A? And the supporting info I need includes: MiL's birth certificate (if she can't find this, what can substitute?), Wife's birth certificate, a Medical Exam (and details on this?), Check for Fees ($985 for I-485, $85 for biometric service, and $420 for I-130), and then I saw on here it was mentioned I should submit pay stubs? Anything else?

Thank you in advance for any help you can provide!!

[Adrian Gruber]

Hi immihelp! I'm trying to help my mother-in-law obtain her green card via adjustment of status.

I have many questions, but my first question is the most important:
1 - I see people on here recommending "consult a lawyer", and I have now tried that with three different lawyers. They all tell me they will not help me submit myself, only do it for me (for a very large fee obviously). Where do I find a lawyer who I can just sit and ask questions with for an hour or two?

And if you're feeling generous, here are some other questions:
2 - My MiL is here on a B-2 Visit Visa, but since my wife (who is a U.S. citizen for some time now) and I are deciding to adopt, we want to get her a green card so she can stay and help with the child. Her visa expires the end of august. Do I have to urgently submit her paperwork before it expires? I read on this site that so long as it has not been expired for 180 days, she can still apply. Can someone confirm that?
3 - On form I-485, what box should I check in "Part 2 - Application Type"? I think it's "a." since she is an immediate relative. Also, how do I justify immediate relative? Is my wife's birth certificate with her mother's name on it sufficient?
4 - Upon reading the instructions, the forms I need include I-130, I-485, I-864 (for me and my wife), and G-325A? And the supporting info I need includes: MiL's birth certificate (if she can't find this, what can substitute?), Wife's birth certificate, a Medical Exam (and details on this?), Check for Fees ($985 for I-485, $85 for biometric service, and $420 for I-130), and then I saw on here it was mentioned I should submit pay stubs? Anything else?

Thank you in advance for any help you can provide!!

Good morning, yes the answer to your first part is that attorneys provide a service and they do not give out that much information unless for a fee. Expenses range from $2500 up to $5000 and that does not include the actual filing fees required by USCIS. If you have a Catholic Service near you they do handle immigration services for a modest fee.
I can only relay to you what my experiences have been with USCIS as I'm a German born Citizen of Canada married to an amazing American woman for the 35 years. So here goes.

Since you and your spouse are both Citizens of the United States and your mom is also here in the US you must establish to USCIS's satisfaction that she is your immediate relative/family member and to do that you must Petition USCIS to establish this using an I-130 Petition. You or your spouse can be the petitioner and your mom is the beneficiary. The petition time frame from USCIS recieveng the petition and you included all the necessary documentation is about 5 months and this is processed at the NBC in Missouri.
You have the option of not waiting for the I-130 approval and file in whats called "CONCURRENT". You can file the following :
I-130
I-485 AOS
The I485 is the actual green card application and requires several things: I-130 approval referred to as 797 c (Notice of Action). Birth Certificates, Travel documents I-94 from CBP, 2 color passport foto's of your mom, Biography's of the petitioner and the beneficiary G-325A, affadavit of support(Will you support your mom financially) I-864, a Civil Surgeon report I-693 ( this is a must have document and its an extra cost)

This is a brief outline on whats needed also if your mom is already here in the US and since she is established as a relative/immediate family the avg process time for AOS is 87 days.

Best of luck.

[345etinarg]

Good morning, yes the answer to your first part is that attorneys provide a service and they do not give out that much information unless for a fee. Expenses range from $2500 up to $5000 and that does not include the actual filing fees required by USCIS. If you have a Catholic Service near you they do handle immigration services for a modest fee.
I can only relay to you what my experiences have been with USCIS as I'm a German born Citizen of Canada married to an amazing American woman for the 35 years. So here goes.

Since you and your spouse are both Citizens of the United States and your mom is also here in the US you must establish to USCIS's satisfaction that she is your immediate relative/family member and to do that you must Petition USCIS to establish this using an I-130 Petition. You or your spouse can be the petitioner and your mom is the beneficiary. The petition time frame from USCIS recieveng the petition and you included all the necessary documentation is about 5 months and this is processed at the NBC in Missouri.
You have the option of not waiting for the I-130 approval and file in whats called "CONCURRENT". You can file the following :
I-130
I-485 AOS
The I485 is the actual green card application and requires several things: I-130 approval referred to as 797 c (Notice of Action). Birth Certificates, Travel documents I-94 from CBP, 2 color passport foto's of your mom, Biography's of the petitioner and the beneficiary G-325A, affadavit of support(Will you support your mom financially) I-864, a Civil Surgeon report I-693 ( this is a must have document and its an extra cost)

This is a brief outline on whats needed also if your mom is already here in the US and since she is established as a relative/immediate family the avg process time for AOS is 87 days.

Best of luck.

Thank you for your response Adrian! Sorry, I should have been more clear in my initial post. Yes, I am aware and wish to do the I-130 and I-485 concurrently. My follow-up questions to your response are:
-Do I need my MiL's birth certificate? Or is just my wife's birth certificate sufficient? If I do not have my MiL's birth certificate, what should I do?
-Do I have to file before her Visa expiration or can I wait a few weeks until I've gathered all the documents and gotten her the medical exam?
-I would assume I don't need a 797C if I am filing concurrently?
-As far as an I-94 I would assume I can just print that online to submit? The forms ask for the I-94 number, is that sufficient?

[Adrian Gruber]

Thank you for your response Adrian! Sorry, I should have been more clear in my initial post. Yes, I am aware and wish to do the I-130 and I-485 concurrently. My follow-up questions to your response are:
-Do I need my MiL's birth certificate? Or is just my wife's birth certificate sufficient? If I do not have my MiL's birth certificate, what should I do?
-Do I have to file before her Visa expiration or can I wait a few weeks until I've gathered all the documents and gotten her the medical exam?
-I would assume I don't need a 797C if I am filing concurrently?
-As far as an I-94 I would assume I can just print that online to submit? The forms ask for the I-94 number, is that sufficient?

As far as my understanding goes your spouse is the immediate relative and needs to establish paternity through her birth certificate, your mil needs to establish identy either through a birth certificate/passport. Instructions do not say specifically that she must have a birth certificate. (How ever in my case I did require a birth certificate, but I don't hold a Canadian Passoprt)

[345etinarg]

Thank you again Adrian!! Can someone also confirm the following?:

-Do I have to file before her Visa expiration or can I wait a few weeks until I've gathered all the documents and gotten her the medical exam? From what I read on this site, it looks like I can file as long as she is not more than 180 days past her Visa I-94 expiration, but I want to confirm that.

Thanks!!

[Adrian Gruber]

As far as my understanding goes your spouse is the immediate relative and needs to establish paternity through her birth certificate, your mil needs to establish identy either through a birth certificate/passport. Instructions do not say specifically that she must have a birth certificate. (How ever in my case I did require a birth certificate, but I don't hold a Canadian Passoprt)

Overstay of Less Than 180 Days

If your overstay in the United States was for less than six months (180 days), then you are not legally inadmissible in the future. You can be granted another visa, or even a U.S. green card (lawful permanent residence). However, if you are applying for a temporary (nonimmigrant) visa, and it’s one of the many that requires you to convince the U.S. consular official that you will leave the United States when your permitted stay is over, you may have a tough time making this showing if and when the consular officer becomes aware of your past overstay.

Overstay of More Than 180 Days

You may face severe penalties for overstaying a U.S. visa by more than six months, as described below. We’re assuming that during of your overstay, you were simultaneously accruing what’s known as "unlawful presence." But see below for the exceptions to this.

If you accrue unlawful presence of more than 180 continuous days but less than one year, and then leave before any official, formal removal proceedings (i.e. deportation) are instituted against you, you will be inadmissible -- that is, barred from returning to the United States -- for three years.
If you accrue unlawful presence of more than 365 continuous days, then leave prior to any removal or other proceedings being instituted against you, you will be subsequently inadmissible and barred from returning to the United States for ten years.
If you accrue unlawful presence of more than one year (in the aggregate, not necessarily continuously), or are ordered removed (deported) from the United States, and subsequently attempt to enter without inspection (for example, by being smuggled across the border), then you will be permanently barred from the U.S. – possibly for life, though you can actually request special permission to reapply for entry after ten years.