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  • New here, wondering if my case is complicated enough to require a lawyer.

    Hello all,

    So I am a Canadian citizen and I have just gotten married (wife is a U.S. citizen). We had a consultation with an immigration attorney today and he quoted us at 7500 dollars for legal fees (not including the filing fees). I had previously talked with an immigration lawyer in Canada and was quoted 5000 Canadian, which is much less. So I am shopping around currently.

    I've been reading through posts here about lawyers and I see a lot of people advising that you should file yourself and save all of the fees that would be incurred by going through a lawyer, however I have seen some people advise going through a lawyer in cases that are more complicated. So I have had a couple of issues in the past, but I am not sure how big of a deal they really are when it comes to filing for a change of status.

    One issue I had is that a few years ago, while I was dating my now wife, I was denied entry to the U.S. I was young and stupid and told immigration that I was coming to take an EMT course here. I was completely ignorant of the fact that you need a student visa to do something like that. I don't think that is such a big deal really, but I have no idea how something like that is viewed when you are applying for a status change.

    Now the other issue is that I previously had an overstay, one time after I was denied entry, I came to visit my now wife. I was not told that they had limited my visa to one month when I came over here, and when I checked my I-94 (after one month) I found out that I was in fact overstaying. When I came back though, I drove and crossed the land border, and as far as I could tell, that departure from the U.S. is not on my I-94, so I am not sure if they even know that I overstayed. I have been back since and have never been questioned about it.

    I am in the U.S. currently and am overstaying, however I know that one happens all the time and is not a very big deal once you file, anyways, anyone who has experience with any of these types of issues, or has personal experienced any of the same issues and filed their own application, I would love to hear back from you. I am just worried about filing myself as it seems like a very daunting task, and I don't know if the issues I have had in the past would be cause for a denial. What would you guys recommend?

    Thank you for reading!

  • #2
    Originally posted by Hooply View Post
    Hello all,

    So I am a Canadian citizen and I have just gotten married (wife is a U.S. citizen). We had a consultation with an immigration attorney today and he quoted us at 7500 dollars for legal fees (not including the filing fees). I had previously talked with an immigration lawyer in Canada and was quoted 5000 Canadian, which is much less. So I am shopping around currently.

    I've been reading through posts here about lawyers and I see a lot of people advising that you should file yourself and save all of the fees that would be incurred by going through a lawyer, however I have seen some people advise going through a lawyer in cases that are more complicated. So I have had a couple of issues in the past, but I am not sure how big of a deal they really are when it comes to filing for a change of status.

    One issue I had is that a few years ago, while I was dating my now wife, I was denied entry to the U.S. I was young and stupid and told immigration that I was coming to take an EMT course here. I was completely ignorant of the fact that you need a student visa to do something like that. I don't think that is such a big deal really, but I have no idea how something like that is viewed when you are applying for a status change.

    Now the other issue is that I previously had an overstay, one time after I was denied entry, I came to visit my now wife. I was not told that they had limited my visa to one month when I came over here, and when I checked my I-94 (after one month) I found out that I was in fact overstaying. When I came back though, I drove and crossed the land border, and as far as I could tell, that departure from the U.S. is not on my I-94, so I am not sure if they even know that I overstayed. I have been back since and have never been questioned about it.

    I am in the U.S. currently and am overstaying, however I know that one happens all the time and is not a very big deal once you file, anyways, anyone who has experience with any of these types of issues, or has personal experienced any of the same issues and filed their own application, I would love to hear back from you. I am just worried about filing myself as it seems like a very daunting task, and I don't know if the issues I have had in the past would be cause for a denial. What would you guys recommend?

    Thank you for reading!
    you will NOT be denied because of previous or current overstay. As long as you were inspected and admitted the last time you came in you will be OK. No lawyer needed

    Comment


    • #3
      Originally posted by Hooply View Post
      Hello all,

      So I am a Canadian citizen and I have just gotten married (wife is a U.S. citizen). We had a consultation with an immigration attorney today and he quoted us at 7500 dollars for legal fees (not including the filing fees). I had previously talked with an immigration lawyer in Canada and was quoted 5000 Canadian, which is much less. So I am shopping around currently.

      I've been reading through posts here about lawyers and I see a lot of people advising that you should file yourself and save all of the fees that would be incurred by going through a lawyer, however I have seen some people advise going through a lawyer in cases that are more complicated. So I have had a couple of issues in the past, but I am not sure how big of a deal they really are when it comes to filing for a change of status.

      One issue I had is that a few years ago, while I was dating my now wife, I was denied entry to the U.S. I was young and stupid and told immigration that I was coming to take an EMT course here. I was completely ignorant of the fact that you need a student visa to do something like that. I don't think that is such a big deal really, but I have no idea how something like that is viewed when you are applying for a status change.

      Now the other issue is that I previously had an overstay, one time after I was denied entry, I came to visit my now wife. I was not told that they had limited my visa to one month when I came over here, and when I checked my I-94 (after one month) I found out that I was in fact overstaying. When I came back though, I drove and crossed the land border, and as far as I could tell, that departure from the U.S. is not on my I-94, so I am not sure if they even know that I overstayed. I have been back since and have never been questioned about it.

      I am in the U.S. currently and am overstaying, however I know that one happens all the time and is not a very big deal once you file, anyways, anyone who has experience with any of these types of issues, or has personal experienced any of the same issues and filed their own application, I would love to hear back from you. I am just worried about filing myself as it seems like a very daunting task, and I don't know if the issues I have had in the past would be cause for a denial. What would you guys recommend?

      Thank you for reading!
      I agree with the fellow azblk. Pretty much your current and past overstay, including your entry denial is forgiven through i-485. I came to the U.S on 2016 and overstayed, as long as you come and they inspect you you'll be fine so no need to pay a lawyer. I did my case myself and i received my greencard within 5 months and change (i'm a February 2019 filer). Make sure you fill out the forms and provide all the supplementary evidence for each one of them.

      Comment


      • #4
        Thank you for your replies, I am currently filling out the 1-485 and am having a little trouble with section 8. So I detailed that I had been denied entry before, so question #14 is a yes, but question 15: have you ever been denied a visa to the United States, would that also be a yes because I was denied entry once? I know question 17 is a yes as well, mainly concerned about number 15, anyone know what I should answer to that one?

        Comment


        • #5
          Oh, also, when I was denied, as far as I remember, they made me sign some form meaning that I was voluntarily withdrawing my application for admission, I'm not sure if that affects either question 14 or 15 in section 8.

          Comment


          • #6
            Originally posted by Hooply View Post
            Hello all,

            So I am a Canadian citizen and I have just gotten married (wife is a U.S. citizen). We had a consultation with an immigration attorney today and he quoted us at 7500 dollars for legal fees (not including the filing fees). I had previously talked with an immigration lawyer in Canada and was quoted 5000 Canadian, which is much less. So I am shopping around currently.

            I've been reading through posts here about lawyers and I see a lot of people advising that you should file yourself and save all of the fees that would be incurred by going through a lawyer, however I have seen some people advise going through a lawyer in cases that are more complicated. So I have had a couple of issues in the past, but I am not sure how big of a deal they really are when it comes to filing for a change of status.

            One issue I had is that a few years ago, while I was dating my now wife, I was denied entry to the U.S. I was young and stupid and told immigration that I was coming to take an EMT course here. I was completely ignorant of the fact that you need a student visa to do something like that. I don't think that is such a big deal really, but I have no idea how something like that is viewed when you are applying for a status change.

            Now the other issue is that I previously had an overstay, one time after I was denied entry, I came to visit my now wife. I was not told that they had limited my visa to one month when I came over here, and when I checked my I-94 (after one month) I found out that I was in fact overstaying. When I came back though, I drove and crossed the land border, and as far as I could tell, that departure from the U.S. is not on my I-94, so I am not sure if they even know that I overstayed. I have been back since and have never been questioned about it.

            I am in the U.S. currently and am overstaying, however I know that one happens all the time and is not a very big deal once you file, anyways, anyone who has experience with any of these types of issues, or has personal experienced any of the same issues and filed their own application, I would love to hear back from you. I am just worried about filing myself as it seems like a very daunting task, and I don't know if the issues I have had in the past would be cause for a denial. What would you guys recommend?

            Thank you for reading!
            How long did you overstay the previous time?

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Originally posted by newacct View Post

              How long did you overstay the previous time?
              Less than 180 days

              Comment


              • #8
                Hooply I'm a July 2019 filer, and I paid WAY less to my lawyer as legal fees. He requested info, completed the application, called me and my husband and reviewed the items with us, and did concurrent filing beginning of July. Your case doesn't sound like it has any red flags - so it should be pretty simple to file.
                Married to: USC | B1/B2 visa | 2019
                Jul 2: Concurrent filing - Chicago, IL
                Jul 3: PD
                Jul 12: Check cashed
                Jul 15: 4 notices in mail Dated Jul 10)
                Jul 19: Biometrics appt letter
                Jul 31: Biometrics
                Aug 2: Fingerprint review completed
                Sep 5: Courtesy letter I-693
                Sep 11: Case is ready to be scheduled for an interview
                Sep 13: Interview was scheduled
                Sep 16: USCIS interview notice
                Oct 23: Interview (Case must be reviewed)
                Oct 26: Card in production (Saturday)
                Nov 1: Card in hand

                Comment


                • #9
                  Originally posted by Hooply View Post
                  Thank you for your replies, I am currently filling out the 1-485 and am having a little trouble with section 8. So I detailed that I had been denied entry before, so question #14 is a yes, but question 15: have you ever been denied a visa to the United States, would that also be a yes because I was denied entry once? I know question 17 is a yes as well, mainly concerned about number 15, anyone know what I should answer to that one?
                  No, you have not been denied a visa. As a Canadian citizen, you generally never get nonimmigrant visas to the US.

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment


                  • #10
                    Originally posted by newacct View Post

                    No, you have not been denied a visa. As a Canadian citizen, you generally never get nonimmigrant visas to the US.
                    Thank you for your reply, when I was denied entry, I technically should have had a student visa (I was planning on taking a course) if I were to successfully gain entry, but that doesn't count as being denied a visa by being turned away at customs that time? If I had actually done the correct thing and applied for the student visa and been denied that, it would be a yes on question 15 correct? But since I was stupid I was never technically applying for a visa? Sorry for asking so many questions, just don't want to screw up anywhere on the paperwork.

                    Comment


                    • #11
                      Originally posted by Hooply View Post

                      Thank you for your reply, when I was denied entry, I technically should have had a student visa (I was planning on taking a course) if I were to successfully gain entry, but that doesn't count as being denied a visa by being turned away at customs that time? If I had actually done the correct thing and applied for the student visa and been denied that, it would be a yes on question 15 correct? But since I was stupid I was never technically applying for a visa? Sorry for asking so many questions, just don't want to screw up anywhere on the paperwork.
                      Not true. As a Canadian citizen, you would not get an F1 visa. Rather, you would show up to any US port of entry with your Canadian passport and your I-20 to be admitted into F1 status.

                      This is my personal opinion and is not to be construed as legal advice.

                      Comment


                      • #12
                        Originally posted by newacct View Post

                        Not true. As a Canadian citizen, you would not get an F1 visa. Rather, you would show up to any US port of entry with your Canadian passport and your I-20 to be admitted into F1 status.
                        Ok, thank you for clarifying that

                        Comment

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